Crimes of False Accusation

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Promulgated on April 24, 2009, Effective on July 1, 2009


Crimes of False Accusation
Classification Adverse Affirmative
Primary Consideration
Factor
  • Criminal History of the Same
    Offense (Imposing of Suspension
    of Sentence or More Severe
    Punishment Within Five Years)
  • Caused Serious Harm
  • Offender Expresses Remorse and
    Victim Opposes Punishment
    (Includes Genuine Efforts to
    Reverse Harm)
  • Expresses Penitence (Including
    Voluntary Surrender or Confessions,
    and the Like)
  • No Prior Criminal History
General Consideration
Factor
  • Suspension of Sentence or for a
    Greater Offense
  • Active Participation as an
    Accomplice
  • Destroying Evidence or Attempting
    to Conceal Evidence After
    Commission of the Offense
  • Lack of Social Ties
  • Absence of Efforts to Reverse
    Harm
  • Passive Participation as Accomplice
  • Strongly-Established Social Ties
  • No Criminal History of Suspension
    of Sentence or Imposing of Other
    Sentences More Severe
  • Cases of Physically-ill Offenders
  • Cases where the Arrest of the
    Offender would Cause Severe
    Hardship to the Offender’s
    Dependent Family Member
  • Cases of Old-age Offenders
    • 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 n 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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