Crimes Related to Intellectual Property

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Promulgated on June 18, 2012, Effective on July 1, 2012


교통범죄 양형기준
Classification Adverse Affirmative
Primary Consideration Factor
  • PremeditatedㆍOrganized Crime
  • Inflicting Serious Harm to the Victim
  • Continuous Act of Infringement After the Demand to Cease While Apparent Infringement Takes Place
  • Lack of Compensation for the Damage Caused
  • Criminal History of the Same Offense (Suspension of Sentence or More Severe Punishment Within Five Years)
  • Actual Loss is Insignificant
  • Special Consideration Can Be Taken Into Account for Engaging or Participating in the Offense
  • Non-Distribution of Infringed Goods
  • Not-for-Profit Use
  • Voluntary Surrender
  • Victim Opposes Punishment or the Harm is Significantly Reversed (Includes Genuine Efforts to Reverse Harm)
  • No Prior Criminal History
General Consideration Factor
  • Condemnable Motives
  • Lack of Social Ties
  • Absence of Remorse
  • Active Participation as an Accomplice
  • Repeated or Prolonged Commission of the Offense
  • Extent of Damage is Substantial
  • Criminal History of the Same Offense (This Applies When the Criminal History is Within Ten Years After Completion of Sentence) or More Than Two Incidents of Suspension of Sentence or More Severe Punishment
  • Absence of Efforts to Reverse Harm
  • Passive Participation As an Accomplice
  • Offense Committed for Basic Living Expenses
  • Strongly-Established Social Ties
  • Expresses Sincere Remorse
  • Efforts to Reverse Harm (Significant Amount of Money Deposited, Etc.)
  • No Criminal History of Suspension of Sentence or Imposing of Other Sentences More Severe
  • Cases of Old-Aged Offenders
  • 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 of sentencing 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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