Special Adjustments of Sentencing Range

 The Commission has established special adjustments in cases when the special aggravating or mitigating factors exist in multiples or the special aggravating factors outnumber the special mitigating factors by more than 2. The purpose of this special adjustment is to promote the Guideline and to assure imposing of reasonable sentencing.

 When sentencing range exceeds 25 years, the sentencing court may choose to impose life imprisonment.

Sentencing Criteria in Descriptive Form

 In offense groups, such as Murder, Sexual Assault, Robbery, Abduction and Inducement, and Larceny, the sentencing criteria suggested in descriptive form together with the general guidelines. For example, the sentencing range of an attempt of murder is calculated by multiplying some ratio to the range of murder. Another example would be increasing the sentencing range by repeated crimes under the Special Violent Act or the Aggravated Punishment Act. When the offense is found to be applicable to the descriptive sentencing criteria and to bear relevant sentencing factors, the sentencing criteria in descriptive form is applied to adjust the sentencing range.

 When sentencing range exceeds 25 years after the application of the descriptive sentencing criteria, the sentencing court may choose to impose life imprisonment.