1. 1. DRUG USE AND/OR POSSESSION OF DRUGS, OR OTHER SIMILAR ACTIVITIES

1. 2. ENGAGING IN SELLING, BROKERING, OR OTHER SIMILAR ACTIVITIES

1. 3. IMPORTING, EXPORTING, OR MANUFACTURING DRUGS OR OTHER SIMILAR ACTIVITIES RELATED TO DRUGS

1. 4. OFFENSE AGAINST MULTITUDES

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).

• B. TYPE 2 MARIJUANA, PSYCHOTROPIC DRUGS LISTED UNDER (D), (E), AND OTHERS

• C. TYPE 3 PSYCHOTROPIC DRUGS LISTED UNDER (B) OR (C)

• D. TYPE 4 NARCOTICS, PSYCHOTROPIC DRUGS LISTED UNDER (A) OR OTHERS

1. 2. ENGAGING IN SELLING, BROKERING, OR OTHER SIMILAR ACTIVITIES

• A. TYPE 1 HALLUCINOGENIC SUBSTANCE LISTED UNDER (D) OR OTHERS

• B. TYPE 2 MARIJUANA, PSYCHOTROPIC DRUGS LISTED UNDER (B), (C), AND OTHERS

• C. TYPE 3 PSYCHOTROPIC DRUGS LISTED UNDER (A) OR OTHERS

• D. TYPE 4 OFFENSE COMMITTED FOR PROFITS OR HABITUAL OFFENDERS

1. 3. IMPORTING, EXPORTING, MANUFACTURING, OR OTHER SIMILAR ACTIVITIES RELATED TO DRUGS

• A. TYPE 1 HALLUCINOGENIC SUBSTANCE LISTED UNDER (D) OR OTHERS

• B. TYPE 2 MARIJUANA, PSYCHOTROPIC DRUGS LISTED UNDER (C)

• C. TYPE 3 PSYCHOTROPIC DRUGS LISTED UNDER (A), (B), OR OTHERS

• D. TYPE 4 OFFENSE COMMITTED FOR PROFITS OR HABITUAL OFFENDERS

1. 4. OFFENSE AGAINST MULTITUDES

• A. TYPE 1

• B. TYPE 2

• C. TYPE 3

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.