3. When the crime is committed because of strong mental pressure;
4. When the crime is committed as an excess of self-defence or an act of necessity;
5. When the criminal admits to the crime;
6. When a person who has contributed greatly to the country has committed a crime;
7. When the criminal personally compensates or restores property he or she has plundered or
damaged;
8. When the victim is found with fault;
9. When the criminal collaborates in detecting a serious crime.
Article 42 (Limits of Imposing a Heavier or Lighter Penalty)
Where there are aggravating or mitigating factors in the determination of penalty, a penalty can
be imposed more heavily or more lightly appropriate to the degree of dangerousness of the crime
within the limits of up to half the penalty. In this case, the penalty cannot be more than the
maximum or less than the minimum of the penalty provided for under the relevant Article.
Article 43 (Cases where the Penalty Imposed is Less than the Minimum of the Penalty
Provided for by the Law)
A penalty may be imposed which is less than the minimum of the penalty provided for under the
relevant Article if special circumstances justify imposing a penalty which is less than the
minimum of the penalty provided for under the relevant Article.
Article 44 (Factors for Combining Crimes)
Different kinds of crimes committed by one criminal are combined if they each individually
attract criminal liability. They cannot be combined if different kinds of crimes join to create one
crime, or if one kind of crime is a necessary prerequisite to committing another crime.
Article 45 (Determination of Penalty when Crimes are Combined)
When different kinds of crimes committed by one criminal are tried together, penalties are
determined according to each crime and to the highest penalty imposed under the Article of the
relevant crime is added approximately half of the penalties imposed under the Articles of the
remaining crimes. In such a case, the supplementary punishments applicable to the combined
crimes are imposed together with the principal punishments. Judgments are handed down under
this Article.
Article 46 (Calculation of Different Kinds of Penalties)