Introduction

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  • The Sentencing Commission is making separate sentencing guidelines per individual offense with preferential establishment of the sentencing guidelines for the offenses with a high frequency of occurrence and with a social importance, followed by gradual expansion of the establishment scope for the sentencing guidelines. Currently, the sentencing guidelines for 20 major offenses such as crimes of homicide, crimes of bribery, crimes of sexual assault, crimes of embezzlement and breach of trust, crimes of larceny, crimes of fraud, crimes related to election, crimes of violence, etc. are being enforced, while the Sentencing Commission is in the process of establishing additional sentencing guidelines for the remaining offenses and of continuing revision, supplementation works for the existing sentencing guidelines.
  • Although the sentencing guidelines are not mandatory, the judge must record the reasons for the sentencing in the case of departure from the sentencing guidelines, and hence the sentencing guidelines may not be violated without a reasonable cause. In practice, judges are delivering sentences with a respect for the sentencing guidelines in most cases.

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