by the Supreme Court of Korea

“ If a person who is subject to the stay of execution by which the probation, social service or taking lecture is ordered, under Article 62-2, violates the matters to be observed or the order, and the degree of such violation is grave, the sentence of the stay of execution may be revoked. Article 65 of the Criminal Act (Effect of Suspension of Execution of Sentence) After a suspension of sentence is rendered, and the term of suspension has fully elapsed without the sentence being nullified or revoked, the sentence shall lose its validity. ”

“ Article 62 (1) of the former Criminal Act (The elements of probation) (1) An execution of a sentence of between more than 1 year and less that 5 years may be delayed where an attenuating circumstance exists in consideration of circumstances under Article 51 in case where an imprisonment or detainment of less than 3 years is sentenced; with the exception that a person who had been sentenced to a punishment of imprisonment or higher, and as to the sentence, less than five (5) years had passed since the completion of the enforcement of the sentence or since the exemption from its enforcement. ”

“ According to the above legal reasoning and the Record, in this case, in sentencing punishment against the crime in this case committed by the defendant during probation as seen above, because a decision to cancel the above probation was finalized before the probation period has passed for the violation of the probation regulations et al, which shall constitute a reason for disqualification for probation stipulated in Article 62 (1) of the current Criminal Act, so probation shall not be sentenced for the defendant, in accordance with the provisions in the current Criminal Act. ”