1. The Basic Features of the Korean Sentencing Guidelines
5/14/2018
The Basic Features of the Korean Sentencing Guidelines

2. Historical Backgrounds
The Judicial Reform Committee(JRC)
The Presidential Committee for Judicial Reform
The Revision of the Court Organization Act
The Establishment of the Korean Sentencing
Commission
Resolution of the first sentencing guidelines
※ 7 crime categories(murder, robbery, sex
offenses, embezzlement, bribery false
accusation, perjury)
Enforcement of the first guidelines

3. Sentencing Problems Leniency Unwarranted Disparity ’Jeon-kwan-ye-woo’
59.2 % of the public
72.5 % of the specialist groups
Unwarranted Disparity
73.9% of the public
63.3% of the specialist groups
’Jeon-kwan-ye-woo’
‘Jeon-kwan ' = prior judges(prosecutors)
‘ye-woo’= giving special concession
Public distrust

4. The structure of the Commission
13 commissioners
1 chairperson
4 judges
2 public prosecutors
2 professors
2 defense attorneys
2 experts
※ one standing commissioner
Special Advisors(3 teams)
Draft the guidelines & Study the Policies
composed of judges, prosecutors, defense lawyers,
professors
General Secretariat
3 divisions(Planning, Information Research, Statistics &
Analysis

5. Standing Commissioner
The Organization of the Korean Sentencing Commission
Chairperson
Commissioners
(13)
Standing Commissioner
Special Advisors
General Secretariat
Planning &
Administration
Information Research
Statistics & Analysis

6. Main Features of the Guidelines
First continental legal system based nation to
adopt guidelines system(?)
Adopting gradual approach & narrative model
Rejecting U.S. sentencing guidelines model
Advisory guidelines
In case of departure, written reasoning needed
Either prosecutor or defendant can appeal
Applied to adult criminals & cases in
typical procedure

7. Main Features of the Guidelines
Reduce the influence of criminal history factors
Mainly descriptive sentencing range
Analysis of about 43,000 cases
Taking 70%- 80% sentencing range
Adjustment in some crimes
Little interaction between the Commission and
the National Assembly
Commission need to submit the annual report
No review or approval by the National Assembly

8. Application Process(4 steps)
1. Determination of crime category
2. Application of the sentencing range
3. Determination of the actual sentence
4. Determination of suspension of sentence

9. The Sentencing Guidelines Range(Murder)
Mitigated range
Basic Range
Aggravated Range
First type
3 – 5 years
4 - 6 years
5 - 7 years
2nd type
6 - 9 years
years
years
3rd type
years, life
※ In principle, 70 – 80 % of the actual sentencing range
type is decided by the gravity of the motive(s)

10. The Special Sentencing Factors(Murder)
Mitigating factors
Aggravating factors
Factors related
to the offense
characteristics
▪ Preventive act(but exceeding
normal limit)
▪ Weak intention
▪ Strong provocation by the
victim
▪ Premeditation
▪ Vulnerable victim
▪ Defiles the corpse
▪ Using cruel method
▪ In case victim is the ones
own or ones spouse's line
al ascendant
to the offender
▪ Deaf-mutes
▪ Mental deficiency
▪ Voluntary surrender
▪ victim side petition for lesser
punishment
▪ No regret(not including
the denial of the conviction)
▪ Strong recidivism

11. General Sentencing Factors
Mitigating factors
Aggravating factors
Factors related
To the offense
characteristics
▪ Minor role
▪ Mediate provocation by
the victim
▪ Discard the victim's
body
to the offender
▪ considerable reparation
▪ Mental deficiency(by the
negligence of the criminal)
▪ Sincere regret
▪ Victim side petition for lesser punishment
▪ Recidivism
▪ Similar prior criminal
conviction
※ Special factors → decide the specific range
General factors → decide the specific term within the range

12. Dispositional Factors(Murder)
Important Factors
Factors
related to
recidivism
Planning
Especially reproachable motive
Similar serious criminal record
(within 10 years)
Effort to stop accomplice
from committing crime
Special mitigating motive
Voluntary give up committing
crimes
Strong provocation by victims
No criminal record
Other factor
Serious injury
No reparation
No or mild injury
Victim's petition for lesser
punishment

13. General Dispositional Factors(murder)
related to
recidivism
2 or more serious criminal
record
Very weak ties with society
Drug or alcohol addiction
Possession of dangerous
weapons
Cruel criminal act
No regret
No acquaintance with the victim
Strong ties with the community
Voluntary confession
Sincere regret
No serious crime records
Old age
Provocation by the victim(s)
Others
Major role in crime
Destroy evidence or attempt to so
Minor role
Transport the victim(s) after
committing crime
Worse health condition
Serious damage to the offende
r's family from the detention of
the offender

14. Multiple Offender Rule
Only Consider up to 3 offences
Rules ; Raise the Ceiling of the Principal Offense
◆ Final Maximum Range
The guidelines maximum range of the Principal Offense
(+) ½ of the maximum range of the second serious crime
(+) 1/3 of the maximum range of the third serious crime

15. Some unsettled issues More efficient monitoring system
Whether to use unified worksheets
Whether to develop D.B. system in the commission
Who should prepare the PSR?
Probation officer (assigned to Ministry of Justice)
Court officer
Prosecution service
Alleviating the judiciary dominating atmosphere

16. ◆ Prosecutorial Guidelines System(sample screen)

17. Guidelines Worksheet sample

18. THANK
YOU