National Core Technology 'Overseas Leakage,' Maximum Sentence Up to 18 Years Imprisonment Possible

Sentencing Commission Sets Maximum 5-Year Imprisonment for Stalking Crimes and Life Imprisonment for Drug Sales to Minors

Sentencing guidelines have been revised to allow for a maximum imprisonment of up to 18 years if national core technologies are leaked overseas. If core technologies are leaked domestically, the maximum sentence can be up to 9 years in prison.

Supreme Court, Seocho-gu, Seoul.

On the 19th, the Supreme Court Sentencing Commission announced sentencing guidelines for intellectual property and technology infringement crimes, stalking crimes, and drug-related crimes. The announced guidelines are scheduled to be finally approved at the full meeting of the Sentencing Commission in March. Although lower courts are not strictly required to follow the sentencing guidelines, if they deviate from them, they must state the reasons in the judgment.

The Sentencing Commission recommends that in cases of leaking or infringing national core technologies overseas, the mitigated sentencing guideline is imprisonment for 2 to 5 years, the standard sentencing guideline is imprisonment for 3 to 7 years, and the aggravated sentencing guideline is imprisonment for 5 to 12 years. When special sentencing guidelines are applied, the maximum recommended sentence is imprisonment for 18 years. Additionally, the commission recommended excluding the fact that the offender is a first-time offender without prior criminal records from major mitigating factors, making it harder for judges to easily suspend imprisonment sentences for technology leakage crimes.

For stalking crimes, the sentencing guidelines have been raised to allow for up to 3 years of imprisonment for general types, and up to 5 years if a weapon is carried. The Sentencing Commission newly established a special aggravating factor for stalking crimes: "committing the crime out of hatred or animosity," and if the crime is committed while carrying a weapon out of hatred or animosity, imprisonment of up to 5 years can be imposed.

The Sentencing Commission removed "deposit" from the mitigating factors in the sentencing guidelines for intellectual property and technology crimes and stalking crimes. The commission considered criticism that, although a deposit is merely a means of victim compensation, the phrase "(including deposit)" could be misunderstood as meaning that simply making a deposit automatically qualifies as a mitigating factor, and thus deleted it from the sentencing factors.

Furthermore, for drug-related crimes, it was recommended that if drugs are sold to minors or if the value of distributed drugs exceeds 1 billion KRW, the maximum sentence of life imprisonment can be imposed.