I committed several crimes at the same time. How is punishment for concurrent crimes determined?

Concurrent crimes refer to a case where one person has committed several crimes at the same time.

For concurrent crimes, the Criminal Act provides that, where there is no room for discretionary mitigation, that is, for a reduction of sentence, the longer term and the shorter term of the sentences are added together.

Accordingly, it provides that punishment may be imposed up to 1.5 times the statutory maximum sentence for that crime (see Criminal Act Article 37 and Article 38).

However, even if it is increased up to 1.5 times, it cannot exceed the total term and amount obtained by adding together the longer term or the larger amount of each sentence.

For concurrent crimes, a separate sentence can be imposed for each of the several crimes, and the court may also mitigate the sentence at its discretion.

In particular, only crimes committed before the sentence becomes final are recognized as concurrent crimes.

If a single criminal act constitutes several crimes, it is punished by the sentence prescribed for the most serious crime.

If you want an accurate prediction of the judgment, we recommend that you first consult with a criminal attorney about the nature of the case.

Criminal Act Article 37 (Concurrent Crimes) Several crimes for which judgment has not become final, or a crime for which a judgment imposing a sentence of imprisonment without labor or heavier has become final together with a crime committed before that judgment became final, shall constitute concurrent crimes.

1) Where the sentence prescribed for the most serious crime is the death penalty, life imprisonment, or life imprisonment without labor: punishment is by the corresponding sentence

2) Where the sentences are of the same kind other than the death penalty, life imprisonment, or life imprisonment without labor: the longer term or the larger amount of the sentence prescribed for the most serious crime is increased by one half

3) Where the sentences prescribed for each crime are other than life imprisonment or life imprisonment without labor: they are imposed concurrently

4) Imprisonment with labor and imprisonment without labor are regarded as sentences of the same kind, and punishment is by imprisonment with labor