Recommendation for Maximum Sentence of 29 Years and 3 Months for Production of Child Sexual Exploitation Material

[Asia Economy Reporter Baek Kyunghwan] Those who habitually produce child and adolescent sexual exploitation materials or commit two or more offenses of producing such materials with particularly egregious circumstances may face up to 29 years and 3 months in prison.

On the 15th, the Supreme Court Sentencing Commission announced that it held the 104th plenary session the previous day and finalized the sentencing guidelines for "digital sex crimes," which include these provisions.

Sentencing guidelines serve as a reference for judges when determining sentences, established to reduce inconsistent rulings on major crimes and maintain consistency. Although not binding, judges must state their reasons when issuing sentences that deviate from the guidelines.

On this day, the Sentencing Commission set practical measures to prevent the spread of harm as a special mitigating factor in cases involving child and adolescent sexual exploitation material crimes, encouraging voluntary efforts to reduce harm. Additionally, the extent to which the victim’s desire not to punish the offender (non-prosecution) is reflected in sentence reductions was reduced.

Specifically, habitual production of two or more cases of child and adolescent sexual exploitation materials may result in a sentence of up to 29 years and 3 months imprisonment. Habitual sale of such exploitation materials for profit or other purposes is recommended to be sentenced up to 27 years in prison. Distribution of child and adolescent sexual exploitation materials may lead to a maximum sentence of 18 years, and habitual purchase of such materials may result in up to 6 years and 9 months imprisonment.

Penalties for crimes using cameras will also be strengthened. Illegal habitual filming offenders may face up to 6 years and 9 months, and if distributed for profit, up to 18 years imprisonment.

Sentencing guidelines for the production and distribution of false video materials have also been established. Habitual editing or distribution of false videos may result in up to 5 years and 7 months imprisonment, and distribution for profit may lead to a 9-year sentence.

The Sentencing Commission stated, "Due to the nature of digital devices or online spaces, the methods of crime are very diverse and harm spreads rapidly, making recovery difficult. As the use of digital media such as smartphones becomes widespread, the frequency of crimes is increasing, so we have established objective and strict sentencing guidelines."

Meanwhile, these sentencing guidelines are scheduled for final approval by the end of this year after soliciting opinions from related organizations including government agencies, research institutions, relevant organizations, and civic groups, as well as administrative notice procedures.

This content was produced with the assistance of AI translation services.