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The legal community is seeing growing debate over the sentencing standards for the crime of quasi-indecent act by compulsion after home invasion. A series of courts have found that the statutory penalty is excessively severe in relation to the nature of the offense, leading to continued requests for constitutional review.

The Constitutional Court has held that the offense may lead to more serious crimes and therefore cannot be punished with anything less than imprisonment. However, some trial courts have argued that sentencing should take the specific circumstances and gravity of the offense into account.

(Omitted)

Attorney Chon Hyeong Hwan of YK Law Firm also said, “The biggest problem with the current sentencing range for quasi-indecent act by compulsion after home invasion is that it places ‘rape’ and ‘indecent act by compulsion’ within the same sentencing range. Under the current law, it is difficult to reduce the sentence even if the victim does not wish to have the offender punished. Considering that the statutory sentence for murder begins at imprisonment for five years or more, this effectively results in an even harsher penalty.”

Source: Chosun Biz, Reporter Yoon Ye-won, “Legal Community Divided Over Quasi-Indecent Act by Compulsion After Home Invasion… Judges Request Constitutional Review,” March 29, 2022.
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