Increase of Maximum Recommended Sentence for Overseas Leakage of National Core Technologies to 18 Years... Establishment of Sentencing Guidelines for Stalking Crimes

Application of Enhanced Sentencing Guidelines from Cases Prosecuted in July

Lee Sang-won, Chairman of the Supreme Court Sentencing Commission (left), is speaking at the 130th Sentencing Commission meeting held on the afternoon of the 25th at the Supreme Court in Seocho-gu, Seoul.

Sentencing guidelines have been strengthened to allow for a maximum prison sentence of up to 18 years for leaking national core technologies overseas. The maximum recommended sentences for general industrial technology infringements have also been increased from 6 years to 9 years for domestic infringements, and from 9 years to 15 years for overseas infringements.

On the 26th, the Supreme Court Sentencing Commission (Chairman Lee Sang-won) announced that at the 130th plenary meeting held the previous day, it finalized sentencing guidelines focusing on intellectual property and technology infringement crimes, stalking crimes, and drug crimes.

For overseas infringements of national core technologies, the basic recommended sentence was set at 3 to 7 years, and the aggravated recommended sentence at 5 to 12 years. If there are two or more special aggravating factors, special adjustments can increase the recommended sentence up to half of the upper limit, making it possible to impose a sentence of up to 18 years.

The Sentencing Commission stated, "Reflecting the public consensus demanding strict sentencing for technology infringement crimes, we have normatively raised the sentencing range compared to similar crimes with the same statutory penalties."

The Commission also excluded "no prior criminal record" from the main mitigating reasons for probation in trade secret and technology infringement crimes, and added "cases where the crime was committed with conditional intent" as a special mitigating factor and a major positive consideration for probation.

Provided by the Supreme Court Sentencing Commission.

Additionally, the Commission established and confirmed new sentencing guidelines for stalking crimes, stipulating that stalking crimes involving carrying weapons can be sentenced up to 5 years without the option of fines, and general stalking crimes can be sentenced up to 3 years.

For major offenders who sell drugs to minors or distribute drugs exceeding 1 billion KRW in value, sentences of up to life imprisonment can be imposed. The recommended sentencing ranges have also been increased not only for import/export offenses related to marijuana but also for use or simple possession.

The newly approved enhanced sentencing guidelines will apply to cases prosecuted after July 1.

Earlier in January, the Sentencing Commission proposed sentencing recommendations including a maximum recommended sentence of 18 years for leaking national core technologies overseas, and life imprisonment for selling drugs to minors or distributing drugs exceeding 1 billion KRW in value.

After holding a public hearing to gather opinions on the recommendations, the Commission finalized the sentencing guidelines at the meeting held the previous day.

While sentencing guidelines have a recommendatory effect, when a sentence deviates from the guidelines, the court must state the reasons for sentencing in the judgment according to the Court Organization Act.

Meanwhile, the Commission plans to hold its 131st meeting on the afternoon of the 29th of next month to discuss amendments to the sentencing guidelines for fraud crimes and violations of the Electronic Financial Transactions Act.