Guideline for punishing criminals

The court has handed down its first ruling based on the set of sentencing guidelines for eight major crimes introduced last month to reduce judges` discretion in their rulings.

The eastern branch of the Busan District Court ordered on July 24 that a 64-year-old suspect surnamed Gang be put to a 2-year jail term and fitted with an electronic tag, said court officials. Gang was indicted for sexually harassing a 7-year-old girl.

"The accused not only has sexually assaulted a minor aged under 13 but may also commit a second offense," the court said in its ruling.



According to the set of sentencing guidelines, Gang is to be put to an increased sentence due to the age of the victim and his past record of sexually harassing a mentally disabled person.

Gang`s confession, together with the low severity of harassment involved, would normally have resulted in his sentence being commuted before the guidelines were in place. But he was handed down an unsuspended jail term based on his prior convictions.

The Seoul Central District Court also gave its first ruling based on the guidelines.

A 26-year-old man surnamed Kim was sentenced last Friday to a suspended sentence of three years for breaking into a house and raping the occupant.

So far, seven such rulings have been made in courts nationwide and among them, four in Seoul courts, according to court officials.

The set of sentencing guidelines for eight major crimes came into effect on July 1 amid the judiciary`s efforts to secure the equity of trials and the rule of law. The crimes are bribery, embezzlement, breach of trust, murder, rape, robbery, perjury and false accusation.

Though the guidelines are non-binding, they are of practical use to the courts in giving out their rulings, according to a court official.

(tellme@heraldm.com)

By Bae Hyun-jung