Recommended Sentencing Zones and Sentencing Ranges

 The sentencing guideline divides certain offense groups into several offense types, with sentencing ranges corresponding to each type. For example, Type 1 in Murder Group suggests sentencing range from 3 to 8 years in prison.

 This classification of offense allows the sentencing range to be narrowed from the original statutory penalty. In addition, the Guideline divides the sentencing ranges into three zones of mitigated, standard, and aggravated zone. Based on these zones, the sentencing court can select the appropriate zone after comparing and assessing the specific sentencing factors for each case. Overall, this approach promotes the guidance function and predictability of the Guidelines.

Basis for Establishing the Sentencing Ranges

 The sentencing guidelines were provided to assure objective and reasonable guide in typical cases. The sentencing ranges were established following the statistic analysis of nearly 70 to 80 percent of former judgments and sentencing practices. Concerning offenses, however, in need of modifications or of heavier sentences, the Commission has provided normative adjustments deemed appropriate.

Overlap of Sentencing Ranges

 Among the three recommended zones for an offense type, there can be possible overlaps within the sentencing ranges. According to the Guidelines, the recommended zone of offense is determined mechanically by verifying and assessing the special sentencing factors. Also, where there is risk of overlooking special sentencing factors by not adequately taking into consideration the importance of the factors, the sentencing guideline prescribes overlapping of the sentencing ranges.

 By overlapping the ranges, reasonable sentencing is possible because the overlap functions as a buffer zone when various special sentencing factors have particular effect on the sentencing in terms of different degrees. The risk of deciding a recommended zone by special sentencing factors and the difficulty of discerning special and general sentencing factors are both eliminated by the overlap as well.

 In regards to the overlap, the Guideline allows the overlap in sentencing ranges among offense types for a particular purpose. The overlap decreases the possibility of any single sentencing factor used in the classification of offense types excessively and guarantees reasonable sentencing ranges for the offense at issue.

Determining Sentencing Ranges

 The sentencing range according to the sentencing guidelines is determined by selecting one of the three advised zones for the relevant offense type and by adjusting the zone accordingly. In detail, decisions are made by the following steps: ① determine whether there is a sentencing factor, ② assess any special sentencing factors, ③ make special adjustments to sentencing ranges and apply criteria in descriptive form, and ④ apply the instruction set forth for multi-count conviction. This process is different from the process of drawing possible range of sentence according to the substantial criminal law at issue. The adjustment of the sentencing range is necessary when the possible sentencing range drawn from law differs from the range prescribed by the Guideline.