Crimes of Abduction And Inducement

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Promulgated on March 21, 2011, Effective on July 1, 2011


  1. 1. CASES OF COMMISSION OF ABDUCTION OR INDUCEMENT ONLY (INCLUDING TRADING, GIVING, RECEIVING CONCEALING, AND OVERSEAS-TRAFFICKING)
Crimes of Abduction and Inducement
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 Abduction, Inducement, or
Other Similar Offenses
6months~ 1yr 6months 1yr ~ 2yrs 6months 2yrs ~ 4yrs
2 Abduction, Inducement, or
Other Similar Offenses with
Condemnable Motive
2yrs 6months ~ 5yrs 4yrs ~ 6yrs 5yrs ~ 8yrs
3 Abduction or Inducement for
the Purpose of Committing
Murder
4yrs ~ 7yrs 6yrs ~ 9yrs 7yrs ~ 10yrs

When the offense falls within Repeated Crimes set forth in the Special Violent Crimes Act, increase the minimum and maximum sentencing range by multiplying 1.5.

Crimes of Abduction and Inducement
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Special Considerations can be
    Taken into Account for Engaging in
    Offense
  • Victim Released to a Safe Location
    Voluntarily
  • Offender Engages in Receiving or
    Concealing Victim Only
  • Consent by a Victim with Mental
    Capacity
  • Victim Under Thirteen Years of Age
    or is Physically or Mentally Impaired
  • Offense Committed with an
    Organizational Scheme
  • Carrying Dangerous Objects such
    as Deadly Weapons
  • Offense Committed in a Specially
    Protected Area (For Victims Under
    Thirteen Years of Age)
  • 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
  • Repeated Offenses of Same
    Offense underthe Criminal Act that
    Does Not Constitute Repeated
    Offenses under the Special Violent
    Crime Act
  • Habitual Offenders (Limited to
    Cases Where Punishment
    Provisions for Habitual Offense
    Exist)
General
Sentencing
Determinant
Conduct
  • Passive Participation
  • Cases where the Offender is
    Victim’s Non-Custody Parent or
    Relative and Other Extenuation
    Circumstance Possible to Be Taken
    into Account
  • Offense Committed by Causing
    Diminished Physical or Mental
    Capacity to the Victim
  • Two or More Co-offenders
Actor/etc.
  • Significant Amount of Money
    Deposited
  • Expresses Sincere Remorse
  • No Prior Criminal History
  • 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)
  • Harm Caused in the Course of
    Reaching an Agreement
  1. 2. ABDUCTION OR INDUCEMENT RESULTING IN BODILY HARM
Crimes of Abduction and Inducement
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 Abduction or Inducement 2yrs 6months ~ 4yrs 3yrs ~ 5yrs 4yrs ~ 7yrs
2 Abduction or Inducement
with Condemnable Motives
3yrs ~ 6yrs 5yrs ~ 8yrs 6yrs ~ 10yrs
3 Abduction or Inducement for
the Purpose of Committing
Murder
5yrs ~ 8yrs 7yrs ~ 10yrs 9yrs ~ 14yrs

When the offense falls within Repeated Crimes set forth in the Special Violent Crimes Act, increase the minimum and maximum sentencing range by multiplying 1.5.

Crimes of Abduction and Inducement
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Special Considerations can be
    Taken into Account for Engaging in
    Offense
  • Victim Released to a Safe Location
    Voluntarily
  • Victim Under Thirteen Years of Age
    or is Physically or Mentally Impaired
  • Offense Committed with an
    Organizational Scheme
  • Cases Resulting in Serious Bodily
    Harm
  • Carrying Dangerous Objects such
    as Deadly Weapons
  • Offense Committed in a Specially
    Protected Area (For Victims Under
    Thirteen Years of Age)
  • 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
  • Repeated Offenses of Same Type
    under the Criminal Act that Does
    Not Constitute Repeated Offenses
    under the Special Violent Crime Act
General
Sentencing
Determinant
Conduct
  • Passive Participation
  • Offense Committed by Causing
    Diminished Physical or Mental
    Capacity to the Victim
  • Two or More Co-offenders
Actor/etc.
  • Significant Amount of Money
    Deposited
  • Expresses Sincere Remorse
  • No Prior Criminal History
  • 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)
  • Harm Caused in the Course of
    Reaching an Agreement
  1. 3. DEMANDING OR ACQUIRING RANSOM AS A RESULT OF ABDUCTION OR INDUCEMENT
Crimes of Abduction and Inducement
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 Ransom Money and Similar
Demands
4yrs - 7yrs 5yrs - 8yrs 7yrs - 11yrs
2 Ransom Money and Similar
Gains Acquired
6yrs - 9yrs 8yrs - 12yrs 10yrs - 15yrs

Coercion in Hostage Takings (Criminal Act, Article 324-2) falls within Type 1, with 1/2 reduction to the minimum and maximum sentencing range.

When the offense falls within Repeated Crimes set forth in the Special Violent Crimes Act, increase the minimum and maximum sentencing range by multiplying 1.5.

Crimes of Abduction and Inducement
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Special Considerations can be
    Taken into Account for Engaging
    in Offense
  • Victim Released to a Safe
    Location Voluntarily
  • Victim Under Thirteen Years of
    Age or is Physically or Mentally
    Impaired
  • Offense Committed with an
    Organizational Scheme
  • Carrying Dangerous Objects such
    as Deadly Weapons
  • Offense Committed in a Specially
    Protected Area (For Victims Under
    Thirteen Years of Age)
  • Demanding or Receiving
    Excessive Amount of Ransom
  • 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
  • Repeated Offenses of Same Type
    under the Criminal Act that Does
    Not Constitute Repeated
    Offenses under the Special
    Violent Crime Act
General
Sentencing
Determinant
Conduct
  • Passive Participation
  • Offense Committed by Causing
    Diminished Physical or Mental
    Capacity to the Victim
  • Two or More Co-offenders
Actor/etc.
  • Significant Amount of Money
    Deposited
  • Expresses Sincere Remorse
  • No Prior Criminal History
  • 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)
  • Harm Caused in the Course of
    Reaching an Agreement
  1. 4. ABDUCTION OR INDUCEMENT RESULTING IN DEATH
Crimes of Abduction and Inducement
Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
Abduction or Inducement
Resulting in Death/Hostage
Taking Resulting in Death
6yrs ~ 11yrs 9yrs ~ 13yrs More Than 11 years
or Life Imprisonment

When the offense falls within Repeated Crimes set forth in the Special Violent Crimes Act, increase the minimum
and maximum sentencing range by multiplying 1.5.

Crimes of Abduction and Inducement
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Special Considerations can be
    Taken into Account for Engaging in
    Offense
  • Offender’s Conduct was Not Direct
    Cause of Death
  • Victim Under Thirteen Years of Age
    or is Physically or Mentally Impaired
  • Condemnable Purpose for
    Commission of the Offense
  • 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)
  • Repeated Offenses of Same
    Offenseunder the Criminal Act that
    Does Not Constitute Repeated
    Offenses under the Special Violent
    Crime Act
General
Sentencing
Determinant
Conduct
  • Passive Participation
Actor/etc.
  • Rescuing or Transferring the Victim
    to the Hospital After Committing
    the Offense
  • Significant Amount of Money
    Deposited
  • 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. 1. CASES OF COMMISSION OF ABDUCTION OR INDUCEMENT ONLY
    • A. TYPE 1 ABDUCTION, INDUCEMENT OR OTHER SIMILAR OFFENSES
    • Type 1 cases are offenses committed with no known purpose or abduction, inducement, accepting, or concealing that does not fall within Type 2 or 3.
    • Type 1 includes offense with the following elements of offense and applicable law.(hereinafter as so applied)
Crimes of Abduction and Inducement
Elements of the Offense Applicable Law
Abduction or inducement Criminal Act, Article 287
Accepting or concealing victim of abduction or inducement
under Criminal Act article 287
Criminal Act, Article 292, Paragraph 2
  • B. TYPE 2 ABDUCTION, INDUCEMENT OR OTHER SIMILAR OFFENSES COMMITTED WITH CONDEMNABLE PURPOSE
Crimes of Abduction and Inducement
Elements of the Offense Applicable Law
For the purpose of gaining financial benefit Aggravated Punishment Act, Article 5-2,
paragraph 1, subparagraph 1
For the purpose of engaging in indecent act, sexual intercourse,
or profit-making
Aggravated Punishment Act, Article 5-2,
paragraph 4, Criminal Act, Article 288,
paragraph 1
For the purpose to engage in prostitution Aggravated Punishment Act, Article 5-2,
paragraph 4, Criminal Act, Article 288,
paragraph 2
For the purpose of overseas-trafficking Aggravated Punishment Act, Article 5-2,
paragraph 4, Criminal Act, Article 289,
paragraph 1
Overseas-trafficking of the victim of abduction, inducement, or
trading
Aggravated Punishment Act, Article 5-2,
paragraph 4, Criminal Act, Article 289,
paragraph 2
Accepting or concealing the victim of abduction, inducement, or
trading under Criminal Act, Article 288 and 289
Aggravated Punishment Act, Article 5-2,
paragraph 4, Criminal Act, Article 292,
paragraph 1
Accepting or concealing the victim of abduction, inducement
under Criminal Act, Article 287 with the purpose to engage in
indecent act, sexual intercourse, or profit-making
Criminal Act, Article 293, paragraph 2,
Article 292, paragraph 2
Habitual crime Aggravated Punishment Act, Article 5-2,
paragraph 5, Criminal Act, Article 293,
paragraph 1
  • C. TYPE 3 ABDUCTION OR INDUCEMENT FOR THE PURPOSE OF COMMITTING MURDER
Crimes of Abduction and Inducement
Elements of the Offense Applicable Law
Purpose to Commit Murder Aggravated Punishment Act, Article 5-2,
paragraph 1, subparagraph 2

The following offense constitutes Repeated Crimes as prescribed in Aggravated Punishment Act or Special Violent Crime Act (Applies to all offenses)

Crimes of Abduction and Inducement
Elements of the 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 abduction or inducement crime as prescribed in
the Act, Article 2, paragraph 1, subparagraph 2 within three
years upon the completion of sentence, or upon exemption
from sentence.
Special Violent Crime Act, Article 3
  1. 2. ABDUCTION OR INDUCEMENT RESULTING IN BODILY HARM
    • A. TYPE 1 ABDUCTION OR INDUCEMENT
    • Type 1 cases are offenses committed with no known purpose or abduction, inducement, accepting, or concealing that does not fall within Type 2 or 3.
    • B. TYPE 2 ABDUCTION, INDUCEMENT OR OTHER SIMILAR OFFENSES COMMITTED WITH CONDEMNABLE PURPOSE
    • Offense committed for the purpose of gaining financial benefit
    • Offense committed for the purpose of engaging in indecent act, sexual intercourse, or
      profit-making
    • Offense committed for the purpose of engaging in the act of prostitution
    • Offense committed for the purpose of overseas-trafficking
    • C. TYPE 3 ABDUCTION OR INDUCEMENT FOR THE PURPOSE OF COMMITTING MURDER
Crimes of Abduction and Inducement
Elements of the Offense Applicable Law
Hostage Taking Resulting in Bodily Injury Criminal Act, Article 324-3
Assault, bodily injuries, confinement, abandonment or cruel acts
committed after abduction or inducement
Aggravated Punishment Act, Article 5-2,
paragraph 2, subparagraph 3
  1. 3. DEMANDING OR ACQUIRING RANSOM MONEY (OR SIMILAR FINANCIAL GAINS) AS A RESULT OF ABDUCTION OR INDUCEMENT
    • A. TYPE 1 DEMANDS OF RANSOM MONEY
Crimes of Abduction and Inducement
Elements of the Offense Applicable Law
Demanding Property or Financial Benefit Aggravated Punishment Act Article 5-2,
paragraph 2, subparagraph 1

Coercion in Hostage Takings (Criminal Act, Article 324-2) falls within Type 1, with 1/2 reduction to the minimum and maximum sentencing range.

  • B. TYPE 2 ACQUIRING OF RANSOM MONEY
Crimes of Abduction and Inducement
Elements of the Offense Applicable Law
Acquiring Property or Financial Benefit Aggravated Punishment Act Article 5-2,
paragraph 2, subparagraph 1
  1. 4. ABDUCTION OR INDUCEMENT RESULTING IN DEATH
Crimes of Abduction and Inducement
Elements of the Offense Applicable Law
Abduction or inducement resulting in death Aggravated Punishment Act, Article 5-2,
paragraph2, subparagraph 4
Hostage takings resulting in death Criminal Act, Article 324-4
  1. 1. 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.
  2. 2. CONSENT BY A VICTIM WITH MENTAL CAPACITY
    • This means cases where the offender acted under the consent of a victim with mental capacity but the offense violates the guardianship rights of the victim’s legal representatives or the like.
  3. 3. OFFENSES COMMITTED WITH ORGANIZATIONAL SCHEME
    • This means cases where multiple offenders engage in commission of the offense for the purpose of abduction or inducement in an organized scheme (does not need to suffice as a criminal organization) involving agreeing to the crime in advance, allocating tasks, and executing the commission accordingly.
  4. 4. OFFENSE COMMITTED IN A SPECIALLY PROTECTED AREA (FOR VICTIMS UNDER THIRTEEN YEARS OF AGE)
    • This means cases where the offender induces or attempts to induce the victim from areas that are specially protected for children under thirteen years of age. This applies to schools (including school ground and building), nurseries, orphanages, kindergartens, other educational facilities, places nearby the facilities, streets leading to the facilities, stairways, elevators in apartment complexes and the like.
  5. 5. 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 crime.
  6. 6. CASES WHERE THE OFFENDER IS VICTIM’S NON-CUSTODY PARENT OR RELATIVE AND OTHER EXTENUATION CIRCUMSTANCE POSSIBLE TO BE TAKEN INTO ACCOUN
    • This means cases where the biological parent without custody takes the child-victim into for the purpose of seeing the child-victim.
  7. 7. OFFENSES COMMITTED BY CAUSING DIMINISHED PHYSICAL OR MENTAL CAPACITY TO THE VICTIM
    • This means cases where the reduced mental capacity is caused by the use of alcohol, substances, or the like with the purpose of diminishing the victim’s perception and control for the commission of the offense
  8. 8. TWO OR MORE CO-OFFENDERS
    • This means cases where two or more offenders were involved in the commission of the offense, but does not suffice to fall within Offenses Committed with Organizational Schemes.
  9. 9. SIGNIFICANT AMOUNT OF MONEY DEPOSITED
    • 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.
  10. 10. HARM CAUSED IN THE COURSE OF ATTEMPT TO REACH AN AGREEMENT WITH THE VICTIM
    • This means cases where the offender consistently harassed, publicized or threatened to publicize the criminal facts, or used other comparable means to force the victim to settle in the course of reaching an agreement.
  11. 11. CASES RESULTING IN SERIOUS BODILY HAR
    • This means one or more of the following factors apply:
      • Cases of assault, bodily injury: 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, using torture, or other comparable cases.
      • Cases of confinement: where the confinement extends for more than ten days
      • Cases of abandonment: where the victim is abandoned at a place of poor or dangerous conditions or the offender abandons the victim at in a secluded area.
      • Cases of cruel treatment: where the offender sexually abused or forced labor on the victim, deprived the victim of sleep or food for more than twenty-four hours, or other comparable cases.
  12. 12. OFFENDER’S CONDUCT NOT DIRECT CAUSE OF DEATH
    • This means cases where intervening causes unforeseen by the offender existed at the time of the commission of the offense and, therefore, the offender cannot be held liable for the direct cause of the death.
  13. 13. CONDEMNABLE MOTIVES
    • This means cases with one or more of the following factors:
      • Offense committed for the purpose of murder;
      • Offense committed for the purpose of obtaining financial benefit by the ransom;
      • Offense committed for the purpose of indecent conducts, sexual intercourse, or profit-making;
      • Offense committed for the purpose of using the victim in prostitution; or
      • Offense committed for the purpose of engaging in overseas trafficking.
  14. 14. 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 of the deceased 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 as a result of the offender’s genuine efforts to reverse harm.
  15. 15. 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.
  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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