Will Sentences for Sexual Violence and Child Abuse Become Harsher? Itanhee Proposes the 'Sentencing Procedure Reform Act'

Former judge Itanhee, recruited by the Democratic Party of Korea ahead of the April 15 general election, is being interviewed on the 19th at the Democratic Party headquarters in Yeouido, Seoul. Photo by Kang Jin-hyung aymsdream@

[Asia Economy Reporter Kang Nahum] On the 15th, Lee Tanhee, a member of the Democratic Party of Korea, announced that he has taken the lead in proposing a partial amendment to the Criminal Procedure Act (Sentencing Procedure Reform Act) to ensure that sentences for serious crimes such as sexual violence, child abuse, and industrial accident cases are imposed in accordance with public common sense.

The amendment stipulates that after a guilty verdict by a judge, a 'National Sentencing Committee' composed of lawyers, experts in psychology, sociology, criminology, big data, and crime victims will determine the specific sentence. In other words, the judge will focus on the verdict of guilt or innocence, and these experts will decide the specific sentencing through the sentencing hearing process.

The purpose is to prevent arbitrary sentencing choices by judges during the sentencing decision process and to ensure objective and fair sentencing that aligns with public common sense and legal sentiment regarding crimes of public interest.

Until now, the National Assembly has strengthened punishments through various legislative measures whenever sexual violence, child abuse, and industrial accidents have recurred, but there have been criticisms that the actual level of punishment imposed by the courts was far lower than public legal sentiment.

In fact, Jo Doo-soon, who sexually assaulted an 8-year-old girl in 2008 causing permanent disabilities such as hernia and organ damage, was sentenced to 12 years in prison and is scheduled to be released this December. In the same year, the punishment for the business owner responsible for the Icheon cold storage fire that killed 40 people was only a fine of 20 million won.

Rep. Lee said, "The sentencing that contradicts public common sense for crimes that have aroused public outrage is because both the verdict and sentencing decisions are made by the judge," and argued, "The unjust sentencing by the courts must be changed." He added, "I hope that by separating the verdict and sentencing decisions, objective and fair sentencing that aligns with public common sense for crimes of public interest will be realized."

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