"Increase Recommended Sentences for Animal Abuse Crimes"…Supreme Court Holds Sentencing Guidelines Public Hearing

Crimes Involving Multiple Animals on the Rise, Experts Say
"Fines Alone Are Not Enough"
Sentencing Guidelines for Sex Crimes and Electronic Financial Transaction Act Violations Also Discussed

A call has been made to increase the recommended sentencing to prevent animal abuse crimes. This was raised at a public hearing on the sentencing guidelines for violations of the Animal Protection Act prepared by the Supreme Court Sentencing Commission.

Yonhap News

On the 18th, the Supreme Court Sentencing Commission announced that it held a public hearing the previous day to gather opinions from experts and citizens on sentencing guidelines for fraud crimes, violations of the Electronic Financial Transactions Act, sex crimes, and violations of the Animal Protection Act.

The newly established sentencing guidelines for violations of the Animal Protection Act recommend imprisonment from 4 months to 1 year or fines ranging from 3 million to 12 million won for cases where animals are killed or led to death. For cases where animals are subjected to pain or injury, imprisonment from 2 to 10 months or fines from 1 million to 10 million won are recommended. Although there were no prior sentencing guidelines for violations of the Animal Protection Act, the Sentencing Commission drafted these guidelines last November considering the increasing number of crimes against animals.

Seo Gukhwa, a lawyer from the animal rights research lawyer group PNR, stated, "Considering the occurrence of crimes involving multiple animals, the range of recommended sentencing is somewhat low," and added, "The sale, exhibition, or posting on the internet of photos and videos documenting acts of animal abuse should also be included within the scope of sentencing guidelines."

Kim Kwanghyun, a legislative researcher at the National Assembly Legislative Research Office, argued, "Fines alone are insufficient to achieve the purpose, and the majority of the public supports strong punishment for animal abusers, with the number of crimes increasing," and insisted that fines should not be imposed in cases of particularly severe offenses. Park Mirang, a professor in the Department of Police Science at Hannam University, proposed, "Since there is a possibility of re-harming the victimized animals or causing additional harm to other animals after punishment, these factors should be considered as negative grounds for probation."

Additionally, the Sentencing Commission discussed sentencing guidelines for sex crimes occurring in crowded public places such as public transportation and performance venues, as well as those occurring in workplaces or in protective-supervisory relationships such as between adults and minors.

Police Superintendent Seon Mihwa from the Women and Juvenile Crime Investigation Division of the National Police Agency and Kim Hyejung, director of the Korea Sexual Violence Counseling Center, who participated as discussants, argued for the need to raise the recommended sentencing for these crimes. However, opinions clashed between those who believe there is public consensus on increasing recommended sentences and those concerned about sentencing inflation.

Meanwhile, regarding sentencing guidelines for violations of the Electronic Financial Transactions Act, such as the distribution of forged bank accounts, opinions were presented that raising the recommended sentencing is appropriate.

The Sentencing Commission plans to reflect the opinions presented at this public hearing, feedback from related agencies, and opinions submitted during the administrative notice period, and after a full meeting of the expert committee, finalize the revised sentencing guidelines for fraud crimes, violations of the Electronic Financial Transactions Act, violations of the Animal Protection Act, and sex crimes at the 137th full meeting of the Sentencing Commission on March 24.