Crimes of Narcotics

Home > Sentencing Guidelines > Crimes of Narcotics
Promulgated on March 21, 2011, Effective on July 1, 2011


  1. 1. DRUG USE AND/OR POSSESSION OF DRUGS, OR OTHER SIMILAR ACTIVITIES
투약ㆍ단순소지 등
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 hallucinogenic substance  ~ 8months 6months ~ 1yr 8months ~
1yr 6months
2 marijuana, psychotropic
drugs listed under (d), (e), and
others
6months ~ 10months 8months
~ 1yr 6months
10months ~ 2yrs
3 psychotropic drugs listed
under (b) or (c)
6months
~ 1yr 6months
10months ~ 2yrs 1yr ~ 3yrs
4 narcotics, psychotropic drugs
listed under (a) or others
10months ~ 2yrs 1yr ~ 3yrs 2yrs ~ 4yrs
투약ㆍ단순소지 양형기준
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Engaging in Offense or Motive for
    Committing Offense Can be Taken
    into Particular Consideration
  • Condemnable Motives
  • 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 Cooperated in Important
    Matters Related to the Investigation
  • Habitual Offender
  • Repeated Offenses of the Same
    Type (Within Three Years of
    Suspension of Sentence or
    Imposing of Other Sentence More
    Severe)
General
Sentencing
Determinant
Conduct
  • Passive Participation
  • Offense Committed in a Specially
    Protected Area Such As Within
    Proximity of Schools
Actor/etc.
  • Those with Mental Incapacity
    (These Are Cases Where the
    Offender Can be Held Liable.
  • Drug Substance Abuser’s Voluntary
    and Active Intention to Undergo
    Treatment
  • No Prior Criminal History
  • Offender’s Cooperation with the
    Investigation on General Matters
  • Criminal History by the Same Type
    of Offenses (This Applies When the
    Criminal History is Over Three Years
    But Within Ten Years After
    Imposing Suspension of Sentence
    or Sentence More Severe) or
    Repeated Offenses of Different
    Type under the Criminal Act
  1. 2. ENGAGING IN SELLING, BROKERING, OR OTHER SIMILAR ACTIVITIES
매매ㆍ알선 등
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 hallucinogenic substance
listed under (d) or others
  ~ 8months 6months ~ 1yr 4months 10months ~ 2yrs
2 marijuana, psychotropic
drugs listed under (b), (c), and
others
8months ~ 1yr 6months 1yr ~ 2yrs 1yr 6months ~ 4yrs
3 psychotropic drugs listed
under (a) or others
2yrs 6months ~ 5yrs 4yrs ~ 7yrs 5yrs ~ 8yrs
4 Offense Committed For
Profits or
Habitual Offenders
5yrs ~ 9yrs 7yrs ~ 11yrs 9yrs ~ 14yrs
매매ㆍ알선 양형기준
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Engaging in Offense or Motive for
    Committing Offense Can be Taken
    into Particular Consideration
  • Organizational or Professional Crime
  • Active Role in an Organizational
    Crime or Other Similar Roles
  • Condemnable Motives
  • 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 Cooperated in Important
    Matters Related to the Investigation
  • Habitual Offender (Type 1 or 2)
  • Repeated Offenses of the Same
    Type (Within Three Years of
    Suspension of Sentence or
    Imposing of Other Sentence More
    Severe)
General
Sentencing
Determinant
Conduct
  • Passive Participation
  • Offense Committed in a Specially
    Protected Area Such As Within
    Proximity of Schools
Actor/etc.
  • Those with Mental Incapacity
    (These Are Cases Where the
    Offender Can be Held Liable.
  • No Prior Criminal History
  • Offender’s Cooperation with the
    Investigation on General Matters
  • Criminal History by the Same Type
    of Offenses (This Applies When the
    Criminal History is Over Three Years
    But Within Ten Years After
    Imposing Suspension of Sentence
    or Sentence More Severe) or
    Repeated Offenses of Different
    Type under the Criminal
  1. 3. IMPORTING, EXPORTING, OR MANUFACTURING DRUGS OR OTHER SIMILAR ACTIVITIES RELATED TO DRUGS
수출입ㆍ제조 등
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 hallucinogenic substance
listed under (d) or others
8months ~ 1yr 6months 10months ~ 2yrs 1yr 6months ~ 3yrs
2 marijuana, psychotropic
drugs listed under (c)
1yr ~ 3yrs 2yrs ~ 4yrs 3yrs ~ 6yrs
3 psychotropic drugs listed
under (a), (b), or others
2yrs 6months ~ 5yrs 4yrs ~ 7yrs 5yrs ~ 8yrs
4 Offense Committed For
Profits or
Habitual Offenders
5yrs ~ 9yrs 7yrs ~ 11yrs 9yrs ~ 14yrs
수출입ㆍ제조 양형기준
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Engaging in Offense or Motive for
    Committing Offense Can be Taken
    into Particular Consideration
  • Organizational or Professional Crime
  • Active Role in an Organizational
    Crime or Other Similar Roles
  • Condemnable Motives
  • 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 Cooperated in Important
    Matters Related to the Investigation
  • Habitual Offender (Type 1 or 2)
  • Repeated Offenses of the Same
    Type (Within Three Years of
    Suspension of Sentence or
    Imposing of Other Sentence More
    Severe)
General
Sentencing
Determinant
Conduct
  • Passive Participation
  • Offense Committed in a Specially
    Protected Area Such As Within
    Proximity of Schools
Actor/etc.
  • Those with Mental Incapacity
    (These Are Cases Where the
    Offender Can be Held Liable.
  • No Prior Criminal History
  • Offender’s Cooperation with the
    Investigation on General Matters
  • Criminal History by the Same Type
    of Offenses (This Applies When the
    Criminal History is Over Three Years
    But Within Ten Years After
    Imposing Suspension of Sentence
    or Sentence More Severe) or
    Repeated Offenses of Different
    Type under the Criminal Act
  1. 4. OFFENSE AGAINST MULTITUDES
대량범
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 Type 1 2yrs ~ 4yrs 3yrs ~ 6yrs 5yrs ~ 8yrs
2 Type 2 3yrs ~ 6yrs 5yrs ~ 8yrs 7yrs ~ 10yrs
3 Type 3 6yrs ~ 9yrs 8yrs ~ 11yrs 10yrs ~ 14yrs
대량범 양형기준
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Engaging in Offense or Motive for
    Committing Offense Can be Taken
    into Particular Consideration
  • Organizational or Professional Crime
  • Active Role in an Organizational
    Crime or Other Similar Roles
  • Condemnable Motives
  • 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 Cooperated in Important
    Matters Related to the Investigation
  • Repeated Offenses of the Same
    Type (Within Three Years of
    Suspension of Sentence or
    Imposing of Other Sentence More
    Severe)
General
Sentencing
Determinant
Conduct
  • Passive Participation
  • Offense Committed in a Specially
    Protected Area Such As Within
    Proximity of Schools
Actor/etc.
  • Those with Mental Incapacity
    (These Are Cases Where the
    Offender Can be Held Liable.
  • No Prior Criminal History
  • Offender’s Cooperation with the
    Investigation on General Matters
  • Criminal History by the Same Type
    of Offenses (This Applies When the
    Criminal History is Over Three Years
    But Within Ten Years After
    Imposing Suspension of Sentence
    or Sentence More Severe) or
    Repeated Offenses of Different
    Type under the Criminal Act
  1. 1. DRUG USE AND/OR POSSESSION OF DRUGS, OR OTHER SIMILAR ACTIVITIES
  • A. TYPE 1 HALLUCINOGENIC SUBSTANCE
  • This means offenses with the following elements of offense as prescribed in the applicable law (Applies to all offenses).
가. 제1유형(환각물질)
Elements of Offense Applicable Law Sentencing Range by law
hallucinogenic substance
  • intakeㆍinhaling/possession for those
    purposes
  • Toxic Control Act, Article
    58, subparagraph 3
  • imprisonment not
    exceeding 3 years or fine
    not exceeding 30 million
    won
  • B. TYPE 2 MARIJUANA, PSYCHOTROPIC DRUGS LISTED UNDER (D), (E), AND OTHERS
나. 제2유형(대마, 향정 라.목 및 마.목 등)
Elements of Offense Applicable Law Sentencing Range by law
psychotropic item (d)
  • carrying·possessing·using·managing·
    injecting·prescribing·compounding
  • using/providing of the place·facilities·
    equipment·fund·means of transportation
  • Narcotics Control Act,
    Article 61, paragraph 1
    subparagraph 4
  • Narcotics Control Act,
    Article 61, paragraph 1
    subparagraph 3
  • imprisonment not
    exceeding 5 years or fine
    not exceeding 50 million
    won
  • imprisonment not
    exceeding 5 years or fine
    not exceeding 50 million
    won
psychotropic item (e)
  • using/providing of the
    place·facilities·equipment·fund·mean
    s of transportation
  • Narcotics Control Act,
    Article 61, paragraph 1
    subparagraph 3
  • imprisonment not
    exceeding 5 years or fine
    not exceeding 50 million
    won
marijuana, etc.
  • cultivating·carrying·possessing·
    transporting·keeping·using of the
    marijuana
  • taking, smoking of the marijuana·hemp
    plant seed skin/carrying of the marijuana·
    hemp plant seed·skin of that seed for
    tose purposes
  • using/providing of the place·facilities·
    equipment·fund·means of trasportation
    of the marijuana
  • Narcotics Control Act,
    Article 61, paragraph 1
    subparagraph 7
  • Narcotics Control Act,
    Article 61, paragraph 1
    subparagraph 8
  • Narcotics Control Act
    Article 61, paragraph 1
    subparagraph 3
  • imprisonment not
    exceeding 5 years or fine
    not exceeding 50 million
    won
  • imprisonment not
    exceeding 5 years or fine
    not exceeding 50 million
    won
  • imprisonment not
    exceeding 5 years or fine
    not exceeding 50 million
    won
raw material for narcotics, raw material
containing the component of narcotics·
seed·seedling
  • cultivating of the raw material, carrying,
    possessing of the raw material, seed·
    seedling
  • Narcotics Control Act,
    Article 61, paragraph 1
    subparagraph 1
  • imprisonment not
    exceeding 5 years or fine
    not exceeding 50 million
    won
raw material of psychotropic item (a)
  • smoking, taking of the raw
    material/carrying, possessing for those
    purposes
  • Narcotics Control Act,
    Article 61, paragraph 1
    subparagraph 2
  • imprisonment for not
    exceeding 5 years or fine
    not exceeding 50 million
    won
habitual offender
  • Narcotics Control Act,
    Article 61, paragraph 2
  • 1/2 aggravation
  • C. TYPE 3 PSYCHOTROPIC DRUGS LISTED UNDER (B) OR (C)
다. 제3유형(향정 나.목 및 다.목)
Elements of Offense Applicable Law Sentencing Range by law
psychotropic item (b)
  • carrying·possessing·using·managing·
    injecting·prescribing·compounding
  • using/providing of the place·facilities·
    equipment·fund·means of transportation
  • Narcotics Control Act,
    Article 60, paragraph 1
    subparagraph 3
  • Narcotics Control Act,
    Article 61, paragraph 1
    subparagraph 3
  • imprisonment not
    exceeding 10 years or fine
    not exceeding 100 million
    won
  • imprisonment not
    exceeding 5 years or fine
    not exceeding 50 million
    won
psychotropic item (c)
  • carrying·possessing·using·managing·
    injecting·prescribing·compounding
  • using/providing of the place·facilities·
    equipment·fund·means of
    transportation
  • Narcotics Control Act,
    Article 60, paragraph 1
    subparagraph 3
  • Narcotics Control Act,
    Article 61, paragraph 1
    subparagraph 3
  • imprisonment not
    exceeding 10 years or fine
    not exceeding 100 million
    won
  • imprisonment not
    exceeding 5 years or fine
    not exceeding 50 million
    won
habitual offender
  • Narcotics Control Act,
    Article 60, paragraph 2
  • Narcotics Control Act,
    Article 61, paragraph 2
  • 1/2 aggravation
  • 1/2 aggravation
  • D. TYPE 4 NARCOTICS, PSYCHOTROPIC DRUGS LISTED UNDER (A) OR OTHERS
라. 제4유형(마약, 향정 가.목 등)
Elements of Offense Applicable Law Sentencing Range by law
narcotics
  • carrying·possessing·managing·trading
  • using/providing of the place·facilities·
    equipment·fund·means of
    transportation
  • Narcotics Control Act,
    Article 59, paragraph 1
    subparagraph 1
  • Narcotics Control Act,
    Article 60, paragraph 1
    subparagraph 2
  • imprisonment not less than 1 year
  • imprisonment not
    exceeding 10 years or fine
    not exceeding 100 million
    won
diacetylmorphine, its salts, or other substance containing its salts
  • carrying·possessing·managing·giving
    or receiving·transporting·using·
    injecting
  • Narcotics Control Act,
    Article 59, paragraph 1
    subparagraph 4
  • imprisonment not less than 1 year
psychotropic item (a)
  • carrying·possessing·using·managing
  • using/providing of the place·facilities·
    equipment·fund·means of
    transportation
  • Narcotics Control Act,
    Article 59, paragraph 1
    subparagraph 6
  • Narcotics Control Act,
    Article 60, paragraph 1
    subparagraph 2
  • imprisonment not less than 1 year
  • imprisonment not
    exceeding 10 years or fine
    not exceeding 100 million
    won
habitual offender
  • Narcotics Control Act,
    Article 59, paragraph 2
  • Narcotics Control Act,
    Article 60, paragraph 2
  • imprisonment not less
    than 3 years
  • 1/2 aggravation
  1. 2. ENGAGING IN SELLING, BROKERING, OR OTHER SIMILAR ACTIVITIES
  • A. TYPE 1 HALLUCINOGENIC SUBSTANCE LISTED UNDER (D) OR OTHERS
가. 제1유형(환각물질, 향정 라.목 등)
Elements of Offense Applicable Law Sentencing Range by law
hallucinogenic substance
  • selling·providing
  • Toxic Control Act, Article
    58 subparagraph 3
  • imprisonment not
    exceeding 3 years or fine
    not exceeding 30 million
    won
psychotropic item (d)
  • trading·assisting of the trade·giving or
    receiving
  • Narcotics Control Act,
    Article 61, paragraph 1
    subparagraph 4
  • imprisonment not
    exceeding 5 years or fine
    not exceeding 50 million
    won
marijuana
  • giving or receiving of marijuana
  • trading·assisting the trade of hemp plant
    seed·skin of that seed
  • Narcotics Control Act,
    Article 61, paragraph 1
    subparagraph 7
  • Narcotics Control Act,
    Article 61, paragraph 1
    subparagraph 8
  • imprisonment not
    exceeding 5 years or fine
    not exceeding 50 million
    won
  • imprisonment not
    exceeding 5 years or fine
    not exceeding 50 million
    won
habitual offender
  • Narcotics Control Act
    , Article 61, paragraph 2
  • 1/2 aggravation
  • B. TYPE 2 MARIJUANA, PSYCHOTROPIC DRUGS LISTED UNDER (B), (C), AND OTHERS
나. 제2유형(대마, 향정 나.목 및 다.목 등)
Elements of Offense Applicable Law Sentencing Range by law
psychotropic item (b)
  • trading·assisting of the trade·giving of
    taking
  • Narcotics Control Act,
    Article 60, paragraph 1
    subparagraph 3
  • imprisonment not
    exceeding 10 years or fine
    not exceeding 100 million
    won
psychotropic item (c)
  • trading·assisting of the trade·giving of
    taking
  • Narcotics Control Act,
    Article 60, paragraph 1
    subparagraph 3
  • imprisonment not
    exceeding 10 years or fine
    not exceeding 100 million
    won
marijuana
  • trading·assisting of the trade/carrying·
    possessing for those purposes
  • Narcotics Control Act,
    Article 59, paragraph 1
    subparagraph 12
  • imprisonment not less
    than 1 year
raw material containing narcotics
component·seed·seedling
  • managing·giving or receiving·extracting
    of the component
  • Narcotics Control Act,
    Article 59, paragraph 1
    subparagraph 3
  • imprisonment not less
    than 1 year
raw material of narcotics, psychotropic
  • trading·assisting of the trade for the
    purpose of manufacturing/carrying·
    possessing·using for the same purpose
  • Narcotics Control Act,
    Article 59, paragraph 1
    subparagraph 5
  • imprisonment not less
    than 1 year
raw material of psychotropic item (a)
  • trading·assisting of the trade/carrying·
    possessing for those purposes
  • Narcotics Control Act,
    Article 59, paragraph 1
    subparagraph 7
  • imprisonment not less
    than 1 year
crimes of marijuana concerning minors
  • giving or receiving·smoking·taking
  • Narcotics Control Act,
    Article 59, paragraph 1
    subparagraph 13
  • imprisonment not less
    than 1 year
habitual offender
  • Narcotics Control Act,
    Article 59, paragraph 2
  • Narcotics Control Act,
    Article 60, paragraph 2
  • imprisonment not less
    than 3 years
  • 1/2 aggravation
  • C. TYPE 3 PSYCHOTROPIC DRUGS LISTED UNDER (A) OR OTHERS
다. 제3유형(마약, 향정 가.목 등)
Elements of Offense Applicable Law Sentencing Range by law
narcotics
  • trading·assisting of the trade/carrying·
    possessing for those purposes
  • ※ however, the cases of habitual offender
    fall under type 4
  • Narcotics Control Act,
    Article 58, paragraph 1
    subparagraph 1
  • imprisonment for life or
    imprisonment not less
    than 5 years
psychotropic item (a)
  • trading·assisting of the trade·giving or
    receiving/carrying·possessing for those
    purposes
  • ※ however, the cases of habitual offender
    fall under type 4
  • Narcotics Control Act,
    Article 58, paragraph 1
    subparagraph 3
  • imprisonment for life or
    imprisonment not less
    than 5 years
crimes narcotics·psychotropic concerning
minors
  • trading·giving or receiving·compounding·
    injecting
  • ※ however, the cases of habitual offender
    fall under type 4
  • Narcotics Control Act,
    Article 58, paragraph 1
    subparagraph 7
  • imprisonment for life or
    imprisonment not less
    than 5 years
  • D. TYPE 4 OFFENSE COMMITTED FOR PROFITS OR HABITUAL OFFENDERS
라. 제4유형(영리 목적 또는 상습범)
Elements of Offense Applicable Law Sentencing Range by law
narcotics, psychotropic item (a)
  • trading·assisting of the trade·giving or
    receiving, ect. for purpose to gain
    profit/trading·giving or receiving·
    compounding·injecting concerning
    minors
  • habitual trading·assisting of the trade·
    giving or receiving, ect./trading·giving or
    receiving·compounding·injecting
    concerning minors
  • Narcotics Control Act, Article 58, paragraph 2
  • Narcotics Control Act, Article 58, paragraph 2
  • death·imprisonment for
    life or imprisonment not
    less than 10 years
  • death·imprisonment for
    life or imprisonment not
    less than 10 years
other psychotropic
  • trading·giving or receiving·
    compounding·injecting concerning
    minors with purpose for making profit
  • habitual trading·giving or receiving·
    compounding·injecting concerning
    minors
  • Narcotics Control Act,
    Article 58, paragraph 2
  • Narcotics Control Act,
    Article 58, paragraph 2
  • death·imprisonment for
    life or imprisonment not
    less than 10 years
  • death·imprisonment for
    life or imprisonment not
    less than 10 years
  1. 3. IMPORTING, EXPORTING, MANUFACTURING, OR OTHER SIMILAR ACTIVITIES RELATED TO DRUGS
  • A. TYPE 1 HALLUCINOGENIC SUBSTANCE LISTED UNDER (D) OR OTHERS
가. 제1유형(향정 라.목 등)
Elements of Offense Applicable Law Sentencing Range by law
raw material of narcotics
  • cultivating for purpose of importing or
    exporting·trading·manufacturing/
    carrying·possessing of the raw material
    containing the component·seed·
    seedling for those purposes
  • Narcotics Control Act,
    Article 59, paragraph 1
    subparagraph 2
  • imprisonment not less
    than 1 year
hemp plant
  • cultivating for purpose of exporting
    marijuana·trading·manufacturing
  • Narcotics Control Act,
    Article 59, paragraph 1
    subparagraph 11
  • imprisonment not less
    than 1 year
psychotropic item (d)
  • importing or exporting·
    manufacturing/carrying·possessing for
    those purposes
  • Narcotics Control Act,
    Article 60, paragraph 1
    subparagraph 4
  • imprisonment not
    exceeding 10 years or fine
    not exceeding 100 million
    won
habitual offender
  • Narcotics Control Act,
    Article 59, paragraph 2
  • Narcotics Control Act,
    Article 60, paragraph 2
  • imprisonment not less
    than 3 years
  • 1/2 aggravation
  • B. TYPE 2 MARIJUANA, PSYCHOTROPIC DRUGS LISTED UNDER (C)
나. 제2유형(대마, 향정 다.목)
Elements of Offense Applicable Law Sentencing Range by law
marijuana
  • importing or exporting/ carrying·
    possessing for those purposes
  • ※however, the cases of habitual offender
    fall under type 4
  • manufacturing/carrying·possessing for
    that purpose
  • Narcotics Control Act,
    Article 58, paragraph 1
    subparagraph 5
  • Narcotics Control Act,
    Article 59, paragraph 1
    subparagraph 12
  • imprisonment for life or
    imprisonment not less
    than 5 years
  • imprisonment not less
    than 1 year
psychotropic item (c)
  • importing or exporting·
    manufacturing/carrying·possessing for
    those purposes
  • Narcotics Control Act,
    Article 59, paragraph 1
    subparagraph 8
  • imprisonment not less
    than 1 year
habitual offender
  • Narcotics Control Act,
    Article 59, paragraph 2
  • imprisonment not less
    than 3 years
  • C. TYPE 3 PSYCHOTROPIC DRUGS LISTED UNDER (A), (B), OR OTHERS
다. 제3유형(마약, 향정 가.목 및 나.목 등)
Elements of Offense Applicable Law Sentencing Range by law
narcotics
  • importing or exporting·
    manufacturing/carrying·possessing for
    those purposes
  • ※however, the cases of habitual offender
    fall under type 4
  • Narcotics Control Act,
    Article 58, paragraph 1
    subparagraph 1
  • imprisonment for life or
    imprisonment not less
    than 5 years
psychotropic item (a)
  • importing or exporting·
    manufacturing/carrying·possessing for
    those purposes
  • extracting the component from the raw
    material/importing or exporting/carrying·
    possessing for those purposes
  • ※however, the cases of habitual offender
    fall under type 4
  • Narcotics Control Act,
    Article 58, paragraph 1
    subparagraph 3
  • Narcotics Control Act,
    Article 58, paragraph 1
    subparagraph 4
  • imprisonment for life or
    imprisonment not less
    than 5 years
  • imprisonment for life or
    imprisonment not less
    than 5 years
psychotropic item (b)
  • importing or exporting·
    manufacturing/carrying·possessing for
    those purposes
  • ※however, the cases of habitual offender
    fall under type 4
  • Narcotics Control Act,
    Article 58, paragraph 1
    subparagraph 6
  • imprisonment for life or
    imprisonment not less
    than 5 years
raw material of narcotics, psychotropic
  • importing or exporting·manufacturing the
    raw material with purpose to manufacture
    narcotics, psychotropic/carrying·
    possessing of the raw material for those
    purposes
  • ※however, the cases of habitual offender
    fall under type 4
  • Narcotics Control Act,
    Article 58, paragraph 1
    subparagraph 2
  • imprisonment for life or
    imprisonment not less
    than 5 years
  • D. TYPE 4 OFFENSE COMMITTED FOR PROFITS OR HABITUAL OFFENDERS
라. 제4유형(영리 목적 또는 상습범)
Elements of Offense Applicable Law Sentencing Range by law
narcotics, psychotropic item (a), (b),
marijuana, narcotics, raw material of
psychotropic
  • importing or exporting·manufacturing,
    etc. for purpose to gain profit
  • habitual importing or exporting·
    manufacturing, etc.
  • Narcotics Control Act,
    Article 58, paragraph 2
  • Narcotics Control Act,
    Article 58, paragraph 2
  • death·imprisonment for
    life or imprisonment not
    less than 10 years
  • death·imprisonment for
    life or imprisonment not
    less than 10 years
  1. 4. OFFENSE AGAINST MULTITUDES
  • A. TYPE 1
가. 제1유형
Elements of Offense Applicable Law Sentencing Range by law
Crimes of narcotics, psychotropic under
Narcotics Control Act, Article 59, paragraph
1, paragraph2, Article 60 Para 1, Para 2,
which the value of the concerned narcotics,
etc. is 5 million won or more and less than
30 million won (Aggravated Punishment Act
Article 11, paragraph 2 Subparagraph 2)
  • Aggravated Punishment
    Act Article 11, paragraph 2
    subparagraph 2
  • imprisonment for life or
    imprisonment not less
    than 3 years
  • B. TYPE 2
나. 제2유형
Elements of Offense Applicable Law Sentencing Range by law
Crimes of narcotics, psychotropic under
Narcotics Control Act, Article 59, paragraph
1, paragraph2, Article 60 Para 1, Para 2,
which the value of the concerned narcotics,
etc. is 30 million won or more and less than
50 million won (Aggravated Punishment Act
Article 11, paragraph 2 Subparagraph 2)

Crimes under Narcotics Control Act, Article
58, paragraph 1 Subparagraph 1 to 4, 6, 7,
which the value of the concerned narcotics,
etc. is 5 million won or more and less than
50 million won the narcotics
  • Aggravated Punishment
    Act Article 11, paragraph 2
    subparagraph 2
  • Narcotics Control Act,
    Article 58, paragraph 1
    subparagraph 1 to 4, 6, 7
  • imprisonment for life or
    imprisonment not less
    than 3 years
  • imprisonment for life or
    imprisonment not less
    than 5 years
  • C. TYPE 3
다. 제3유형
Elements of Offense Applicable Law Sentencing Range by law
Crimes of narcotics, psychotropic under
Narcotics Control Act, Article 59, paragraph
1, paragraph2, Article 60 Para 1, Para 2,
which the value of the concerned narcotics,
etc. is 50 million won or more (Aggravated
Punishment Act Article 11, paragraph 2
Subparagraph 1)

Crimes under Narcotics Control Act, Article
58, paragraph 1 Subparagraph 1 to 4, 6, 7,
which the value of the concerned narcotics,
etc. is 50 million won or more
  • Aggravated Punishment
    Act Article 11, paragraph 2
    subparagraph 1
  • Narcotics Control Act,
    Article 58, paragraph 1
    subparagraph 1 to 4, 6, 7
  • imprisonment for life or
    imprisonment not less
    than 10 years
  • imprisonment for life or
    imprisonment not less
    than 5 years
  1. 1. ENGAGING IN OFFENSE OR MOTIVE FOR COMMITTING OFFENSE CAN BE TAKEN INTO PARTICULAR CONSIDERATION
    • 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;
      • Offense committed as a result of one-time mere curiosity; or
      • Other cases with comparable factors.
  1. 2. CONDEMNABLE MOTIVES
    • This means cases with one or more of the following factors:
      • Offense committed through the use of distributing or secretly intoxicationg other
        person for the purpose of convicting the other person;
      • Offense committed out of retaliation, grievance, or hatred; or
      • Other cases with comparable factors.
  1. 3. OFFENDER COOPERATED IN IMPORTANT MATTERS RELATED TO THE INVESTIGATION
    • This means cases where the offender provided accurate and detailed facts for the
      investigation of one or more of the following offenses to the extent that the
      prosecution was possible or facilitated any future possible prosecutions:
      • Compared with the crime the offender has committed ①greater severity of the type of offense; or ②the same type of offense but greater severity due to the number of offenders, the phase of the commission of the offense, the amount of narcotics, the frequency and duration of the use of such narcotics involved.
      • Offense falling within Type 4 of Engaging in Selling, Brokering, or Other Similar Activities Category; Type 4 of Importing, Exporting, or Manufacturing Drugs or Other Similar Activities Related to Drugs Category; or Type 3 of Offenses Against Multitudes Category.
      • Other cases with comparable factors.
    • However, this is not applicable in cases where the offender deliberately engaged in drug related crimes for the purpose of deriving benefit under the Offender’s Cooperation with the Investigation sentencing determinants.
  1. 4. 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 crimes.
  1. 5. DRUG SUBSTANCE ABUSER’S VOLUNTARY AND ACTIVE INTENTION TO UNDERGO TREATMENT
    • This means cases where under objective judgment the offender, as a drug substance abuser, demonstrates clear indication of intent to undergo treatment prior to the narcotics enforcement; the drug substance abuse treatment has been voluntary and the offender expresses a pro-active attitude toward the treatment.
  1. 6. OFFENDER’S COOPERATION WITH THE INVESTIGATION ON GENERAL MATTERS
    • This means cases where the offender provided cooperation with the investigation but not to the extent as set forth in the Offender Cooperated in Important Matters Related to the Investigation factor.
    • However, this is not applicable in cases where the offender deliberately engaged in drug related crimes for the purpose of deriving benefit under the Offender’s Cooperation with the Investigation sentencing determinants.
  1. 7. ORGANIZATIONAL OR PROFESSIONAL CRIME
    • “Special considerations can be taken into account for engaging in offense” means one or more of the following factors apply:
      • Offender is a member of an organization or having association with a criminal organization;
      • Multiple persons involved in a organized manner for the purpose of committing the offense;
      • Offense committed through the use of professional devices or technology; or
      • Other cases with comparable factors.
  1. 8. HABITUAL OFFENDER (TYPE 1 OR 2)
    • This means habitual offenders of offense falling within Type 1 or 2 of the Engaging in Selling, Brokering, or Other Similar Activities Category and of the Importing, Exporting, Manufacturing, or Other Similar Activities Related to Drugs Category.
    • However, this is not applicable to habitual offenders of Type 2 (Marijuana, Psychotropic drugs listed under (c) ) of the Importing, Exporting, or Manufacturing Drugs or Other Similar Activities Related to Drugs Category and Importing or Expoerting of Marijuana or Carrying or Possession of Marijuana for Such Purposes (Narcotics Control Act, Article 58, paragraph 1, subparagraph 5; and Article 58, paragraph 2 of the Same Act).
  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.
      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.
  1. 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.
  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.
      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.
  1. 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.
  1. 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.
  1. 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.
  1. 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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