Crimes of Homicide

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Promulgated on April 24, 2009, Effective on July 1, 2009, Amended on March 21, 2011, Effective on April 15, 2011, Amended on April 22, 2013, Effective on May 15, 2013

Classification Adverse Affirmative
Primary Consideration Factor Risk of Recidivism, etc.
  • Premeditated Crime
  • Usage of Cruel Methods to Commit Crime
  • Condemnable Motives
  • Criminal History of the Same Offense (for Suspension of Sentence or Imposing of More Severe Sentence Within Ten Years)
  • Offender Attempted to Thwart the Accomplice's Commission of the Crime
  • The Crime’s Motive Can Be Taken Into Consideration in Particular
  • Voluntarily Cease of Crime
  • (Strong) Provocation by the Victim
  • No Prior Criminal History
Other Factors
  • Serious Bodily Injury
  • No Restoration of Caused Harm
  • Minor Bodily Injury (Includes Cases Without Bodily Injury)
  • Offender Expresses Remorse and Victim Opposes Punishment (Includes Genuine Efforts to Reverse Harm)
General Consideration Factor Risk of Recidivism, etc.
  • Two or More Criminal Record on Suspension of Sentence or Greater Offense
  • Lack of Social Ties
  • Drug or Alcohol Addiction
  • Carrying of a Dangerous Weapon
  • Absence of Remorse
  • No Acquaintance with the Victim
  • Strongly-Established Social Ties
  • Voluntary Surrender to Investigative Agencies
  • Expresses Sincere Remorse
  • No Criminal History of Suspension of Sentence or Imposing of Other Sentences More Severe
  • Cases of Old-age Offenders
  • (Average) Provocation by the Victim
Other Factors
  • Active Participation as an Accomplice
  • Destroying Evidence or Attempting to Conceal Evidence After Commission of the Offense
  • Passive Participation As an Accomplice
  • Rescuing or Transferring the Victim to the Hospital After Committing the Offense
  • Cases of Physically-ill Offenders
  • Cases where the Arrest of the Offender would Cause Severe Hardship to the Offender’s Dependent Family Member
  • In cases where the consideration factors for suspension of sentence and the sentencing factors are identical, refer to the definitions set forth in the Definition of Sentencing Factors.
  • Determining Criminal History
    • Prior criminal history is calculated as follows: In cases involving suspension of sentence, calculate from the date the defendant’s suspension of sentence was affirmed up to the date of the commission of the offense. In cases imposing imprisonment, calculate from the final date of the completion of the sentence up to the date of the commission of the offense.
  • For cases where the imposing penalty is imprisonment, in deciding whether the suspension of sentence is appropriate, the primary consideration factor should be taken into account with greater importance than the general consideration factors. This is further specified as follows:
    1. ①  In cases where only two or more primary affirmative factors exist or when primary affirmative factors outnumber the major adverse factor by two or more, suspension of sentence is recommended.
    2. ②  In cases where two or more primary adverse factors exist or when primary adverse factors outnumber the primary affirmative factor by two or more, imprisonment is recommended.
    3. ③  In cases other than ①, ②, or even if cases of ①, ②, if the difference between the number of general adverse(affirmative) factors and general affirmative (adverse) factors is greater than that of adverse and affirmative factors of the primary consideration, then the judge shall decide whether to suspend the sentencing after assessing and comprehensively taking into account the factors listed under the suspension of sentence section.

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