New Sentencing Guidelines Introduced for False Accusations and Deepfake Crimes

In response to the increasing social harm caused by false accusations against innocent individuals, South Korea is set to strengthen penalties for the crime of false reporting (무고). Additionally, the sentencing standards for deepfake sexual crimes will be revised. On June 24, the Supreme Court's Sentencing Commission announced that it will establish and modify sentencing guidelines for false accusations and deepfake crimes over the next two years, taking into account public interest and the severity of these offenses. The new guidelines will serve as a reference for judges when determining sentences. The 10th Sentencing Commission will convene twice during this period, once from now until April 2026 and again from April 2026 to April 2027.

The Commission plans to first set new sentencing guidelines for money laundering crimes by April next year. They noted that money laundering is a critical method for financing serious crimes such as voice phishing, bribery, and drug offenses, necessitating effective punishment. With 1,119 cases resulting in prison sentences over the past five years, the need for established guidelines is significant.

Sentencing standards for securities and financial crimes, as well as gambling and gaming offenses, will also be revised during this timeframe. The guidelines for securities and financial crimes, which include stock manipulation, have not been updated since their establishment in 2012. The Commission emphasized the need to reflect changes in legal penalties following the 2018 revision of the Capital Markets Act.

Furthermore, the Commission will refine the sentencing factors related to bail across all crime categories. Previously, they had excluded bail as a mitigating factor for individual crimes, but now they recognize the need for a systematic overhaul.

Between April 2024 and April 2027, it is expected that the recommended sentences for false reporting will be increased. The Commission stated that the guidelines for false accusations have remained unchanged since 2009, and the serious human rights violations resulting from the abuse of reporting necessitate a reevaluation of the existing standards.

The guidelines for deepfake sexual crimes are also anticipated to undergo significant revisions. Given the heightened public concern regarding deepfakes and the recent amendments to the Sexual Violence Punishment Act, which increased the maximum sentence for crimes involving the editing and distribution of false videos from five to seven years, the Commission will consider these factors in their discussions. They aim to clarify sentencing standards based on the intent to profit and the characteristics of the defendants.

New sentencing guidelines will also be established for repeat offenders of drunk driving and for those who consume alcohol after being stopped to obstruct breathalyzer tests. The Commission noted the frequent occurrence of alcohol-related offenses, highlighting the need for clear guidelines. Additionally, they plan to introduce stricter penalties for actions that obstruct emergency services, such as those provided by 119 (Korea's emergency number).