Crimes of Abduction And Inducement

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


Crimes of Abduction and Inducement
Classification Adverse Affirmative
Primary Consideration
Factor
  • Organized Schemes,
    Premeditation, or Professional Skills
    Employed in Commission of
    Offense
  • Repeated Crimes
  • Victim Under Thirteen Years of Age
    or is Physically or Mentally Impaired
  • Criminal History of the Same
    Offense (Imposing of Suspension
    of Sentence or More Severe
    Punishment Within Ten Years)
  • Carrying Dangerous Objects such
    as Deadly Weapons
  • Abduction or Inducement with
    Condemnable Purpose
  • Offense Committed in a Specially
    Protected Area (For Victims Under
    Thirteen Years of Age)
  • Caused Serious Bodily Harm
  • Motive for Committing Offense Can
    be Taken into Particular
    Consideration
  • Consent by a Victim with Mental
    Capacity or Cases where the
    Offender is Victim’s Parent or
    Relative without Child Custody
    Rights and Other Extenuation
    Circumstance Possible to Be Taken
    into Account
  • Offender Attempted to Thwart the
    Accomplice’s Commission of the
    Crime
  • Victim Released to a Safe Location
    Voluntarily
  • No Prior Criminal History
  • Offender Expresses Remorse and
    the Victim Opposes Punishment
    (This Includes Genuine Efforts to
    Reverse Harm)
General Consideration
Factor
  • Two or More Criminal Record on Suspension of Sentence or Greater Offense
  • Lack of Social Ties
  • Offenses Committed by Causing
    Diminished Physical or Mental
    Capacity to the Victim
  • Drug or Alcohol Addiction
  • Absence of Remorse
  • Active Participation as an
    Accomplice
  • Destroying Evidence or Attempting
    to Conceal Evidence After
    Commission of the Offense
  • No Criminal History of Same
    Offense and No Criminal History of
    Suspension of Sentence or
    Imposing of Other Sentences More
    Severe
  • Strongly-Established Social Ties
  • Non-premeditated Crimes
  • Offender Engages Only in
    Accepting or Concealing
  • Voluntary Surrender to Investigative
    Agencies
  • Expresses Sincere Remorse
  • Cases of Old-age Offenders
  • Passive Participation As an
    Accomplice
  • Rescuing or Transferring the Victim
    to the Hospital After Committing
    the Offense
  • Significant Amount of Money
    Deposited
  • 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 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.
    • Organized Schemes, Premeditation, or Professional Skills Employed in Commission of Offense
      • This means cases with one or more of the following factors:
      • Offense committed with the purpose of committing abduction or inducement (this does not need to suffice to the level of a criminal organization), agreeing to the crime in advance, allocating tasks, and executing the commission accordingly;
      • Offender used a professional device or skills;
      • Offender used a highly intelligent scheme;
      • Offender created and utilized new and unknown skills of crime; and
      • Other cases of comparable factors.
    • Repeated Crimes
      • This means cases where the judge determines that the offender has committed similar offenses repeatedly by comprehensively taking into account the substance of the offense, criminal history, multi-count convictions, and the like.
    • NON-PREMEDITATED CRIME
      • This means cases where the offender did not make prior plans to induce the victim through means such as causing diminished physical or mental capacity of the victim. In addition, it is applicable to cases where the offense was a result of contacting the victim for purposes other than that of the intent to commit 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 ?, ?, 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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