If Animals Are Killed Cruelly, Up to 3 Years Imprisonment... Supreme Court Establishes Sentencing Guidelines

The Supreme Court Sentencing Commission has decided to establish sentencing guidelines for judges to refer to when punishing crimes that kill or injure animals.

Lee Sang-won, Chairman of the Supreme Court Sentencing Commission, is delivering a greeting at the 132nd Sentencing Commission meeting held on the afternoon of the 17th at the Supreme Court in Seocho-gu, Seoul.
[Image source=Yonhap News]

According to the legal community on the 18th, the Sentencing Commission held its 132nd plenary meeting yesterday afternoon in the Supreme Court conference room and agreed on the establishment of sentencing guidelines for violations of the Animal Protection Act. Sentencing guidelines serve as a kind of reference for frontline judges when determining sentences. Although judges are not required to strictly follow them, if they deviate from the guidelines, they must provide separate reasons. The guidelines help prevent judges from imposing excessively light or heavy punishments based solely on discretion.

The newly established sentencing guidelines are broadly divided into two types: acts that "kill or cause death to animals" and acts that "inflict pain or injury," recommending sentences accordingly. The Animal Protection Act sets the statutory maximum penalties for each crime at up to three years imprisonment and two years imprisonment, respectively.

The Sentencing Commission decided to establish these guidelines in consideration of the growing public interest in crimes such as animal abuse, the increasing number of incidents, and requests from various sectors for the creation of sentencing guidelines. The number of animal abuse cases reported to the police increased significantly from 69 cases in 2010 to 1,072 cases in 2021 and 1,237 cases in 2022.

Although the population of pet owners has greatly increased and social awareness has changed, the sentences handed down by courts have been relatively light, leading to criticism of "lenient punishments."

Meanwhile, the Sentencing Commission also plans to establish sentencing guidelines for sexual offenses occurring in crowded public places such as subways and performance venues, as well as sexual crimes against protected or supervised persons in workplaces.

The specific recommended sentencing ranges and aggravating or mitigating factors were not discussed in this meeting. The detailed guidelines for violations of the Animal Protection Act will be prepared by November this year, and those for sexual crimes will be prepared by January next year, with finalization scheduled for March next year.