Applicable Offenses

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Offense Group

 The Commission deliberately chose to establish a separate and independent Guideline for each offense group rather than set forth a unified guide applicable to all offenses. The sentencing guidelines are separately and independently applicable to each offense group, organized by the nature of the offense and its conduct as well as giving attention to the particular protected interest. The organization follows the chapter of the Criminal Act (hereinafter “Act”) as its basic categorization for each Group and the character or essence of offense was also taken into account for the categorization. Initially, during the first term, the Commission established Guidelines on Murder Group, Bribery Group, Sexual Assault Group, Robbery Group, Embezzlement and Breach of Trust Group, Perjury Group, False Accusation Group, by taking into account the public’s interest and the frequency of offense committed. Extending on this, the Commission in its second term, set forth additional Guidelines on Abduction and Inducement Group, Fraud Group, Larceny Group, Crimes Related to Official Document Group, Crimes Related to Private Document Group, Crimes on Obstruction of Official Duties Group, Crimes on Food and Health Group, and Crimes on Drug Group.

 There can be more than one guideline table applicable for types of offenses and sentencing period within the offense group. For example, the Bribery Group has two tables on the type of offenses and sentencing periods for Offer of Bribe and Acceptance of Bribe. In the Sexual Assault Group, five separate tables of sentencing and sentence range are available, i.e., standard sexual assault (rape against victims over thirteen years of age, indecent act by compulsion against victims over thirteen years of age, or sexual crime against victim under thirteen years of age), sexual assault resulting in bodily injury, and sexual assault resulting in death.

 In order to apply the sentencing guideline, classifying the offense applicable is the first starting point of determination. Although some cases might prove difficult to classify, the offense group can be easily identified for most cases. For example, rape in the course of robbery is in the chapter of robbery in the Act, which is classified under the Sexual Assault Group in the Guideline.

Applicable Offenses

 The Sentencing guideline does not apply for every offense within the offense group. Some offenses are excluded from the Guidelines due to difficulties in setting forth guidelines for all offenses, sentencing ranges, or sentencing factors for offenses committed on a very rare basis.

 In order to apply the guideline, the following factors are taken into account:(1) whether the Guideline sets forth sentencing ranges within the relevant offense group (2) the applicable sentencing range of the sentencing factors for the sentencing ranges that are specified; and (3) whether the offense at issue is included within the scope of the Guideline.

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