▲ This file photo, provided by the Sentencing Commission of Korea, shows the chairman pounding the gavel at a conference held in the Supreme Court on June 13, 2023. (PHOTO NOT FOR SALE) (Yonhap)

sentencing guidelines-top court

Stalkers with a weapon could face up to 5 years in prison under new sentencing guidelines

SEOUL, Nov. 13 (Yonhap) -- Stalkers with a weapon could face up to five years in prison under new sentencing guidelines, South Korea's top court said Monday, a move that demonstrates its commitment to combating the rising incidence of stalking crimes.

The sentencing commission affiliated with the Supreme Court proposed a mitigated, standard or aggravated sentence for cases based on factors, including the circumstances and outcome of the crime, risk of recidivism and the extent of damage recovery.

The guidelines are not binding, but judges are required to specify their reasoning in the written judgment in cases where their ruling does not follow them.

The commission proposed prison sentences of up to one year, or 20 million won (US$ 15,099) in fines for standard sentences of stalking crimes and up to two and a half years for aggravated sentences.

Under the new guidelines, stalking crimes committed while carrying any weapons are punishable by up to 10 months behind bars in mitigated sentences, up to 18 months in prison for standard sentences and up to three and a half years for aggravated sentences.

In case the aggravating determinants outnumber the mitigating factors by two or more, stalking crimes are punishable by up to three years behind bars and crimes involving weapons are punishable by up to five years in prison, the maximum sentences allowed by law.

It also proposed to sentence perpetrators of stalking crimes to up to one year in prison if they violate emergency measures and up to two years behind bars in cases where they violate temporary measures aimed at physically separating stalkers from victims.

"The sentencing range was proposed in consideration of the risk and uniqueness that stalking crimes involving weapons could lead to severe crimes, along with social interest in such crimes," the commission said. It also said it will review mitigating factors easily used in favor of the defendant in the ruling, including their submitting deposit compensations to the court.

The guidelines will be finalized in March or April next year after due processes, including public hearings on the issue, are completed.

As of August, police had received a total of 19,394 reports of stalking since the anti-stalking law went into effect in October 2021, Rep. Chung Woo-taik of the ruling People Power Party said last month, citing police data.

In March 2021, a 24-year-old man killed a female online game mate he had stalked, as well as her younger sister and mother. He was sentenced to life imprisonment for the killings in October 2021.

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