Supreme Court Sentencing Commission Strengthens Standards: Up to 3 Years Imprisonment for Cruelly Killing Animals

Animal Protection Act Violation Crimes, Recommended Sentencing Range Established

The Supreme Court Sentencing Commission has set a recommended sentencing range for crimes violating the Animal Protection Act, including recommending the maximum sentence up to the statutory maximum. This reflects the public consensus demanding strict sentencing for animal abuse crimes.

Sentencing guidelines serve as a kind of reference for frontline judges when making rulings. While trial courts are not required to strictly follow these guidelines, if they deviate from them, they must state the reasons in their judgment.

The Supreme Court Sentencing Commission announced that it held its 135th meeting on the 1st and reviewed the proposed sentencing guidelines for crimes violating the Animal Protection Act.

For crimes under the Animal Protection Act, the Sentencing Commission recommended the maximum sentence up to the statutory maximum in cases classified as the "specially adjusted aggravated area." For example, acts that kill or cause death to animals, or cause pain or injury, in the specially adjusted aggravated area, are recommended to receive imprisonment up to the statutory maximum of 3 years or 2 years respectively, or fines up to 30 million KRW or 20 million KRW respectively.

The aggravating factors for special sentencing include "blameworthy criminal motive," "repeated offenses over a considerable period," "serious injury," "recidivism of the same kind," and "habitual offender."

The criteria for probation were also strengthened. Considering the characteristics of Animal Protection Act violations and sentencing practices, cases involving "unspecified or multiple victim animals or repeated offenses over a considerable period," and "cruel methods of crime" were set as major negative considerations against probation as special aggravating factors.

A representative from the Sentencing Commission stated, "Considering the protected interests of crimes violating the Animal Protection Act and criminal policy demands, factors such as 'withdrawal of complaint or substantial victim recovery' were set as mitigating factors for sentencing and probation consideration."

Until now, crimes violating the Animal Protection Act have been increasing, but due to the lack of specific sentencing guidelines, there have been disparities in sentencing and criticisms of "lenient" punishments. The number of cases reported to the police under the Animal Protection Act was 69 in 2010, but increased to 1,072 in 2021 and 1,237 in 2022.

This revision proposal will undergo a public hearing and consultation with related agencies before being finally approved in March next year.

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