Introduction

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 With direct force to limit physical and economic freedom, sentencing encompasses a magnitude to deprive the life of an individual and embraces immense significance. In light of this, reasonable and proper sentencing is crucial to assure fairness and trustworthiness within all aspects of the criminal procedures.

 Established under Part VIII of Court Organization Act, the Sentencing Commission of Korea (hereinafter referred to as “Commission”) has developed this guideline as an aid to sentencing judges in determining an appropriate sentence for a particular case (Court Organization Act, Article 81-6, paragraph 1).

 Under the prescribed law, in adopting the sentencing guidelines, the Commission is required to comply with the following principles: 1. The guideline shall reflect the seriousness and the circumstances of the crimes as well as the extent of the defendant’s liability; 2. The guidelines shall take into consideration the general prevention of crimes, the prevention of offenders from committing repeated offenses as well as the offender’s return to society; 3. The guidelines shall not distinguish between the same type of offenses and other similar types of offenses in regards to the sentencing factors and treat them equally; and 4. The guidelines shall not discriminate against defendants based on their nationality, religion, conscience, and social status in the sentencing decisions (Court Organization Act, Article 81-6, paragraph 2).

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