Crimes of Robbery

Home > Sentencing Guidelines > Crimes of Robbery
Promulgated on April 24, 2009, Effective on July 1, 2009 Amended on March 21, 2011, Effective on April 15, 2011


  1. 1. GENERAL APPLICABLE PRINCIPLES
Crimes of Robbery
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 Standard Robbery 1yr 6months - 3yrs 2yrs - 4yrs 3yrs - 6yrs
2 Special Robbery 2yrs 6months - 4yrs 3yrs - 6yrs 5yrs - 8yrs
  • When the offense falls within Repeated Crimes as set forth in the Special Violent Crimes Act, increase the minimum and maximum sentencing range each by multiplying 1.5.
Crimes of Robbery
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Special Considerations can be
    Taken into Account for Engaging in
    Offense
  • Use of Force or Threat to Evade
    Arrest
  • Five or More Co-Offenders Involved
    (Type 2)
  • Offense Against a Financial
    Institution
  • Vulnerable Victims
  • Use of Firearms (Type 2)
  • Instigating the Subordinate Person
    to Commit the Offense
Actor/etc.
  • Those with Hearing and Visual
    Impairments
  • Those with Mental Incapacity
    (Cases Where the Offender Cannot
    be Held Liable)
  • Voluntary Surrender to Investigative
    Agencies
  • Offender Expresses Remorse and
    the Victim Opposes Punishment
General
Sentencing
Determinant
Conduct
  • Intent to Steal Insignificant Amount
    of Money or the Like
  • Use of Slight Degree of Force or
    Threat
  • Poverty Crime
  • Passive Participation
  • Mere Carrying of a Deadly Weapon
    (Type 2)
  • Premeditated Crime
  • Condemnable Motives
Actor/etc.
  • Significant Amount of Money
    Deposited
  • Those with Mental Incapacity
    (These Are Cases Where the
    Offender Can be Held Liable)
  • Expresses Sincere Remorse
  • No Prior Criminal History
  • Repeated Offenses of Different
    Type under the Criminal Act that
    Does Not Constitute Repeated
    Offenses under the Aggravated
    Punishment Act or the Special
    Violent Crime Act, Criminal History
    of Imprisonment by the Same Type
    of Offenses or by Crime of Violence
    and Larceny that Does not Constitute
    Repeated Offense under the
    Criminal Act (This Applies When the
    Criminal History is Within Ten Years
    After Completion of Sentence)
  1. 2. CASES RESULTING IN BODILY INJURY
Crimes of Robbery
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 Standard Robbery 2yrs ~ 4yrs 3yrs ~ 7yrs 5yrs ~ 8yrs
2 Special Robbery 3yrs ~ 6yrs 4yrs ~ 7yrs 6yrs ~ 10yrs
  • When the offense causes bodily injury as a result of habitual robbery or Repeated Crimes of Robbery Causing Bodily Injuries as set forth in the Aggravated Punishment Act, Article 5-5, the offense falls within Habitual and Repeated Robbery offense.
  • When the offense falls within Repeated Crimes as set forth in the Special Violent Crimes Act, increase the minimum and maximum sentencing range each by multiplying 1.5.
Crimes of Robbery
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Minor Bodily Injuries or Bodily
    Injuries Resulting from Negligence
  • Special Considerations can be
    Taken into Account for Engaging in
    Offense
  • Bodily Injuries Resulting from a
    Base Offense of Attempt
  • Use of Force or Threat to Evade
    Arrest
  • Five or More Co-Offenders Involved
    (Type 2)
  • Offense Against a Financial
    Institution
  • Vulnerable Victims
  • Serious Bodily Injuries
  • Use of Firearms (Type 2)
  • Instigating the Subordinate Person
    to Commit the Offense
Actor/etc.
  • Those with Hearing and Visual
    Impairments
  • Those with Mental Incapacity
    (Cases Where the Offender Cannot
    be Held Liable)
  • Voluntary Surrender to Investigative
    Agencies
  • Offender Expresses Remorse and
    the Victim Opposes Punishment
General
Sentencing
Determinant
Conduct
  • Intent to Steal Insignificant Amount
    of Money or the Like
  • Use of Slight Degree of Force or
    Threat
  • Poverty Crimes
  • Passive Participation
  • Mere Carrying of a Deadly Weapon
    (Type 2)
  • Premeditated Crime
  • Condemnable Motives
Actor/etc.
  • Significant Amount of Money
    Deposited
  • Those with Mental Incapacity
    (These Are Cases Where the
    Offender Can be Held Liable)
  • Expresses Sincere Remorse
  • No Prior Criminal History
  • Repeated Offenses of Different
    Type under the Criminal Act that
    Does Not Constitute Repeated
    Offenses under the Aggravated
    Punishment Act or the Special
    Violent Crime Act, Criminal History
    of Imprisonment by the Same Type
    of Offenses or by Crime of Violence
    and Larceny that Does not Constitute
    Repeated Offense under the
    Criminal Act (This Applies When the
    Criminal History is Within Ten Years
    After Completion of Sentence)
  1. 3. CASES RESULTING IN DEATH
Crimes of Robbery
Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
Robbery Resulting in Death 6yrs~ 11yrs 9yrs ~ 13yrs More than 11 years
or Life Imprisonment
  • When the offense falls within Repeated Crimes as set forth in the Special Violent Crimes Act, increase the minimum and maximum sentencing range each by multiplying 1.5.
Crimes of Robbery
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Offender’s Conduct was Not the
    Direct Cause of Death
  • Vulnerable Victims
  • Instigating the Subordinate Person
    to Commit the Offense
Actor/etc.
  • Those with Hearing and Visual
    Impairments
  • Those with Mental Incapacity
    (Cases Where the Offender Cannot
    be Held Liable)
  • Voluntary Surrender to Investigative
    Agencies
  • Offender Expresses Remorse and
    the Victim Opposes Punishment
    (This Includes Genuine Efforts to
    Reverse Harm)
  • Absence of Remorse (Excludes
    Cases Where the Offender is
    Merely Pleading Not Guilty
General
Sentencing
Determinant
Conduct
  • Passive Participation
  • Offense of Special Robbery
Actor/etc.
  • Rescuing or Transferring the Victim
    to the Hospital After Committing
    the Offense
  • Significant Amount of Money
    Deposited
  • Those with Mental Incapacity
    (These Are Cases Where the
    Offender Can be Held Liable)
  • Expresses Sincere Remorse
  • Repeated Offenses of Different
    Type under the Criminal Act that
    Does Not Constitute Repeated
    Offenses under the Special Violent
    Crime Act, Criminal History of
    Imprisonment by the Same Type of
    Offenses or by Crime of Violence
    that Does not Constitute Repeated
    Offense under the Criminal Act
    (This Applies When the Criminal
    History is Within Ten Years After
    Completion of Sentence)
  1. 4. HABITUAL·REPEATED OFFENSES OF ROBBERY
Crimes of Robbery
Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
Habitual·Repeated Offenses of
Robbery
5yrs ~ 8yrs 6yrs ~ 10yrs 8yrs ~ 12yrs
  • When the offense falls within Repeated Crimes as set forth in the Special Violent Crimes Act, increase the minimum and maximum sentencing range each by multiplying 1.5.
  • However, this is not applicable to cases where the offense falls within Repeated Crimes of Robbery Causing Bodily Injuries as set forth in the Aggravated Punishment Act, Article 5-5, which prescribes aggravated punishment for the offense.
Crimes of Robbery
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Special Considerations can be
    Taken into Account for Engaging in
    Offense
  • Use of Force or Threat to Evade
    Arrest
  • Five or More Co-Offenders Involved
  • Offense Against a Financial
    Institution
  • More Than 5 times of Offense
    (Habitual Robbery)
  • Serious Bodily Injuries (Repeated
    Crime of Robbery Prescribed in the
    Criminal Act)
  • Use of Firearms
  • Instigating the Subordinate Person
    to Commit the Offense
Actor/etc.
  • Those with Hearing and Visual
    Impairments
  • Those with Mental Incapacity
    (Cases Where the Offender Cannot
    be Held Liable)
  • Voluntary Surrender to Investigative
    Agencies
  • Offender Expresses Remorse and
    the Victim Opposes Punishment
General
Sentencing
Determinant
Conduct
  • Intent to Steal Insignificant Amount
    of Money or the Like
  • Bodily Injuries Resulting from a
    Base Offense of Attempt
  • Passive Participation
  • Premeditated Crime
  • Condemnable Motives
  • Offense of Special Robbery
Actor/etc.
  • Significant Amount of Money
    Deposited
  • Those with Mental Incapacity
    (These Are Cases Where the
    Offender Can be Held Liable)
  • Expresses Sincere Remorse
  • Repeated Offenses of Different
    Type under the Criminal Act that
    Does Not Constitute Repeated
    Offenses under the Aggravated
    Punishment Act or the Special
    Violent Crime Act, Criminal History
    of Imprisonment by the Same Type
    of Offenses or by Crime of Violence
    and Larceny that Does not
    Constitute Repeated Offense under
    the Criminal Act (This Applies When
    the Criminal History is Within Ten
    Years After Completion of
    Sentence) (Habitual Robbery)
  1. 1. GENERAL STANDARD
    • A. TYPE 1 STANDARD ROBBERY
    • Type 1, Standard Robbery, means offenses with the following statutory elements of the offense under the applicable laws.
Crimes of Robbery
Elements of Offense Applicable Law
Robbery Criminal Act, Article 333
Quasi-Robbery (Robbery Involved with Use of Force or threat to
Resist Returning Property, Evade Arrest, and Destroy Traces of
Crime)
Criminal Act, Article 335
  • B. TYPE 2 SPECIAL ROBBERY
Crimes of Robbery
Elements of Offense Applicable Law
Robbery/quasi-robbery after intrusion into habitation at nighttime Criminal Act, Article 334 paragraph 1,
Article 335
Robbery/quasi-robbery by carrying deadly weapon,
robbery/quasi-robbery committed by two or more persons
Criminal Act, Article 334 paragraph 2,
Article 335

The following offense constitutes repeated crimes as prescribed in the Special Violent Crime Act (Applies to all offenses)

Crimes of Robbery
Elements of Offense Applicable Law
An offender, after sentenced for the offense of a special violent
crime as prescribed in Special Violent Crime Act, repeats the
commission of a robbery as prescribed in the Act, Article 2,
paragraph 1, subparagraph 5 within three years upon the
completion of sentence, or upon exemption from sentence.
Special Violent Crime Act, Article 3
  1. 2. CASES RESULTING IN BODILY INJURY
    • A. TYPE 1 STANDARD ROBBERY
Crimes of Robbery
Elements of Offense Applicable Law
Bodily injury is caused as a result of robbery/quasi-robbery
(including attempts thereof)
Criminal Act, Article 337
  • B. TYPE 2 SPECIAL ROBBERY
Crimes of Robbery
Elements of Offense Applicable Law
Bodily injury is caused as a result of special robbery/quasi-special
robbery (including attempts thereof)
Criminal Act, Article 337
  1. 3. CASES RESULTING IN DEATH
Crimes of Robbery
Elements of Offense Applicable Law
Death as a result of robbery/quasi-robbery/special
robbery/quasi-special robbery (including attempts thereof)
Criminal Act, Article 338
  1. 4. HABITUAL·REPEATED OFFENSES OF ROBBERY
Crimes of Robbery
Elements of Offense Applicable Law
Habitual commission of robbery or special robbery Criminal Act Article 341
Habitual commission of robbery or special robbery (including
attempts thereof)
Aggravated Punishment Act, Article 5-4,
paragraph 3
Commission of robbery or special robbery (and the like) with
criminal record of prior sentencing of imprisonment for three or
more offenses prescribed in Criminal Act, from Article 333 up to
336 and Article 340 (including attempts respectively)
Aggravated Punishment Act, Article 5-4,
paragraph 5
An offender, after sentenced for the offense of the crime under
Criminal Act, Article 337(including attempts thereof), repeats the
commission of such offense within three years within three
years upon the completion of sentence, or upon exemption
from sentence.
Aggravated Punishment Act, Article 5-5
  1. 1. GENERAL APPLICABLE PRINCIPLES
    • A. SPECIAL CONSIDERATIONS CAN BE TAKEN INTO ACCOUNT FOR ENGAGING IN OFFENSE
    • This means one or more of the following factors apply:
      • Participation in the crime was forced by another person or resulted from threats (This excludes cases where Criminal Act, Article 12 is applicable);
      • When the offender merely agreed to participate in the crime but did not lead or actually participate in the commission of the crime; or
      • Other cases with comparable factors.
    • Other cases with comparable factors.
    • This means cases where the offender uses force or threat, but without the use of dangerous weapons or carrying thereof, to evade being arrested..
    • C. FIVE OR MORE CO-OFFENDERS INVOLVED
    • This means cases where five or more offenders were involved in the commission of the robbery.
    • D. VULNERABLE VICTIMS
    • “Vulnerable victims” means cases where the victim was especially vulnerable due to reduced physical or mental capacity or age at the time of the crime and the offender was already aware of or possibly aware of the victim’s such circumstances.
    • E. OFFENDER EXPRESSES REMORSE AND THE VICTIM OPPOSES PUNISHMENT
    • This means cases where the offender expresses signs of remorse and the victim acknowledges this and objects to punishing the offender.
    • However, this should not apply to cases where the offender nearly forced or deceived the victim for the purposes of objecting to punishing the offender.
    • F. USE OF SLIGHT DEGREE OF FORCE OR THREAT
    • This means cases where the degree of force and threat used in the crime is heavier than that of extortion but slighter than that of general robbery cases.
    • G. POVERTY CRIMES
    • This means one or more of the following factors apply:
      • Offense committed to escape from the offender’s impoverished circumstances;
      • Offense committed to pay for hospital expenses or school tuitions and the like; or
      • Other cases with comparable factors.
    • H. PASSIVE PARTICIPATION
    • This means cases where the nature of participation in the commission of the offense was passive or the offender had a limited role.
    • However, this is not applicable in cases where the offender had an active role in the commission of the offense by causing another person to commit the offense.
    • I. PREMEDITATED CRIME
    • This means one or more of the following factors apply:
      • Advance preparation and possession of the crime weapon;
      • Planned conspiracy;
      • Inducement of victim;
      • Preparation of destruction of evidence;
      • Prior planning of a flight plan; or
      • Other cases with comparable factors.
    • J. CONDEMNABLE MOTIVES
    • This means one or more of the following factors apply:
      • Offense committed out of retaliation, grievance, or hatred;
      • Motive derived from the pleasure of committing the crime itself; or
      • Other cases with comparable factors.
    • K. SIGNIFICANT AMOUNT OF MONEY DEPOSITED
    • Other cases with comparable factors.This means cases where the offender has deposited significant amounts of money after failed attempt to reach an agreement with the victim in a genuine effort to bring restoration for the inflicted harm.
  1. 2. CASES RESULTING IN BODILY INJURY
    • A. MINOR BODILY INJURIES
    • This means cases where the inflicted injury requires less than two weeks of medical care, affecting relatively limited bodily parts, which does not disrupt day-to-day activities of the victim, and does not require medical intervention such as surgical stitches and the like.
    • B. SERIOUS BODILY INJURIES
    • This means cases where the recovery from the inflicted injury requires more than 4 to 5 weeks of medical care in general, including cases with after-effects causing impairment, severe disability resulting from the offense, injuries inflicted to vulnerable body parts or further anticipated bodily injuries.
  1. 3. CASES RESULTING IN DEATH
    • A. OFFENDER EXPRESSES REMORSE AND THE VICTIM OPPOSES PUNISHMENT (THIS INCLUDES GENUINE EFFORTS TO REVERSE HARM)
    • This means cases where the offender expresses signs of remorse and the family member of the deceased victim acknowledges this and objects to punishing the offender.
    • This includes cases where deposits are made in a considerable amount of money comparable to reaching of an agreement with the family of the deceased victim as a result of the offender’s genuine efforts to reverse harm.
    • B. ABSENCE OF REMORSE (THIS EXCLUDES CASES WHERE THE OFFENDER MERELY DENIES OFFENSE CONDUCT)
    • This means cases where the offender admits to committing the crime yet does not express any sign of guilt or remorse but rather justifies the offense conduct. This should be distinguished from merely denying the offense conduct.
  1. 1. DETERMINING APPROPRIATE SENTENCING RANGE
    • In determining the appropriate sentencing range, the judge must only consider the special sentencing determinants.
    • However, in cases involving more than two special sentencing determinant, the applicable sentencing range is adjusted after assessing the factors as set forth below:
      1. ① The same number of conduct factor shall be considered with greater significance than the actor/etc. factor. However, this shall be assessed equally to the victim or the family member of the deceased victim’s objection to the punishment.
      2. ② Each factor within the relevant categories of conduct or actor/etc. factors should be treated as equal.
      3. ③ If the applicable sentencing range is unable to be determined by the aforementioned principles ①, ② the judge is to decide the applicable sentencing range through a comprehensive comparison and assessment based on the principles set forth in ①, ②.
    • It is recommended that when the assessment reveals greater aggravating factors to select the aggravated zone, the mitigating factors is greater to select the mitigating zone, and the same number of aggravating factors and mitigating factors to select the standard zone as a sentencing range.
  2. 2. DETERMINING THE APPLICABLE SENTENCE
    • The judge should select the proper point within the sentencing range as assessed in accordance with the above principles, along with the special sentencing determinant and general sentencing determinant taken together.
    • When the maximum of the sentencing range exceeds twenty-five years, the judge may impose a life imprisonment.
  1. 1. SPECIAL ADJUSTMENTS TO THE SENTENCING RANGE
      1. ① In cases where the aggravating factor is selected and the assessment of the special sentencing determinant reveals only two or more special aggravating factors or the special sentencing determinant outnumbers the special mitigating determinant by two or more, then the sentencing range should be increased up to 1/2 from the maximum level. If this results in a maximum level that exceeds twenty-five years, then the judge may impose a life imprisonment.
      2. ② For cases where the mitigating factor is selected as a result of assessment of the special sentencing determinant, and there are two or more special mitigating determinant or the special mitigating determinant outnumbers the special aggravating determinant by two or more, the sentencing range should be decreased up to 1/2 from the minimum level.
  2. 2. RELATION BETWEEN THE RECOMMENDED SENTENCING RANGE GUIDELINES AND APPLICABLE SENTENCING RANGE BY LAW
    • When the sentencing range under this guideline conflicts with the range drawn in accordance with the aggravation and mitigation of applicable law, the sentencing range prescribed by applicable law governs.
  3. 3. APPLICATION OF STATUTORY MITIGATING FACTORS AS DISCRETIONARY
    • When the judge declines to apply the optional mitigation factor under the applicable law as listed in the sentencing table of this guideline, this shall be considered as the discretion for mitigation.
  1. 1. APPLICABLE SCOPE
    • This part on multi-count convictions applies to concurrent crimes prescribed in the first part of Article 37 of the Criminal Act as set forth in this sentencing guideline. However, in cases of this article’s concurrent crimes where offenses that fall within and outside of the sentencing guidelines are involved, the minimum level should be the minimum of the sentencing range of the offense that is set forth in this sentencing guideline.
  2. 2. DETERMINING BASE OFFENSE
    • The “base offense” means the most severe offense that results after the selection of penalty and statutory aggravation and mitigation as prescribed in Criminal Act, Article 50. However, in cases where the maximum sentencing range is lower than that of the maximum sentencing range of the other counts as provided in this guideline, then such other count becomes the base offense.
  3. 3. CALCULATING SENTENCING RANGE
    • For purposes of calculating sentencing range for multi-count conviction cases, the judge shall apply the following unless the offenses are deemed as a single offense under the sentencing guideline.
      1. ① In setting sentencing range for an offender convicted of two counts, the sentencing
        range should be the total sum of the maximum sentencing range of the base
        offense and the 1/2 of the maximum sentencing range of the second count.
      2. ② In setting sentencing range for an offender convicted of three or more counts, the sentencing range should be the total sum of the following: (1) maximum sentencing range of the base offense, (2) 1/2 of the maximum sentencing range of the count with the highest sentencing range, and (3) 1/3 of the maximum sentencing range of the remaining count with the second highest sentencing range.
      3. ③ For cases where the minimum sentencing range of the other count is higher than that of the base offense, the minimum sentencing range resulting from the multi-count offense should be the minimum sentencing range of the other count.

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