「CRIMINAL ACT」
or heavier punishment is disclosed during the term of the said suspension of sentence.
(2) If a person who is subject to the stay of sentence for which the probation is ordered
under Article 59-2, violates the probation order to be observed during the probation
period, and the degree of such violation is grave, the suspended punishment may be
sentenced. <Newly Inserted on Dec. 29, 1995>
SECTION 4 Suspension of Execution of Sentence
Article 62 (Requisites for Suspension of Execution of Sentence) (1) Where a sentence of
imprisonment, with or without labor, for up to three years or a sentence of a fine not
exceeding five million won is to be imposed and extenuating circumstances exist, taking
into account the facts specified in Article 51, the execution of the sentence may be
suspended for a period of at least one year up to five years: Provided, That this shall not
apply where a sentence is imposed for a crime committed during a period of three years
after a final judgment sentencing imprisonment without labor or any heavier punishment
was completely executed or discharged. <Amended on Jul. 29, 2005; Jan. 6, 2016>
(2) When punishments are to be imposed concurrently, execution of part of the
punishments may be suspended separately.
Article 62-2 (Probation, Social Service or Order to Take Lectures) (1) In the event that the
execution of sentence is stayed, probation orders, social service orders or orders to take
lectures may be made.
(2) The period of the probation as referred to in paragraph (1) shall be the period in which
the execution is stayed: Provided, That the court may determine the probation period
within the limit of the period of stay.
(3) Order to do any social service, or to take lectures shall be executed within the period of
suspension of execution of sentence.
[This Article Newly Inserted on Dec. 29, 1995]
Article 63 (Nullification of Suspension of Execution of Sentence) When a person who was
sentenced a suspension of execution of sentence is sentenced to an imprisonment without
labor or a heavier punishment due to a crime committed deliberately during the period of
the suspension, and if the judgement thereof becomes final, the sentence of suspension of
execution of sentence shall be nullified. <Amended on Jul. 29, 2005>
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