Suspended Sentence (Probation): Requirements, Effects, Criminal Record, Invalidation, and Revocation
What is a suspended sentence? A suspended sentence (probation) is a system in which the court imposes a sentence but delays its execution for a set period; if that period passes without incident, the pronouncement of the sentence loses its effect and the sentence is not carried out. It can be described as a system that opens a path for the defendant to return to society on their own without serving the sentence. For example, if you receive a sentence of 1 year of imprisonment suspended for 2 years, the 1-year prison term is extinguished provided you commit no offense during the 2-year period. The requirements for a suspended sentence are as follows: when imposing a sentence of imprisonment or imprisonment without labor of 3 years or less, or a criminal fine of KRW 5 million or less; grounds worthy of mitigating consideration; and that the offense was not committed within the period running up to 3 years after a judgment imposing imprisonment without labor or a heavier sentence became final and its execution was completed or remitted. The sentencing threshold for a suspended sentence is 3 years or..
