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What is the difference between suspension of sentencing and a suspended sentence?
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I am in a situation where I received a consultation on a criminal case from another attorney. I was told that the best outcome for my case would be, if I am fortunate, a suspended sentence. Also, when I searched the internet, there were cases in which people received a suspension of sentencing. Are suspension of sentencing and a suspended sentence the same thing? Or is a suspended sentence worse?
Suspension of sentencing
Suspended sentence
Answer to Related Inquiry
Author: 박동일
Are suspension of sentencing and a suspended sentence the same thing? Or is a suspended sentence worse?
To put it simply, suspension of sentencing means that no sentence is pronounced at all, whereas a suspended sentence is a system in which a sentence is pronounced but its execution is postponed.
Suspension of sentencing is where, when imprisonment or imprisonment without labor of up to one year, suspension of qualifications, or a fine is pronounced, the pronouncement of that sentence is postponed.
Considering the offender's age, conduct, intelligence, and environment, once two years have passed from the date on which the suspension of sentencing was granted, the person is deemed to have been acquitted.
A suspended sentence is where, when imprisonment of up to three years or a fine of up to 5 million won is pronounced, the execution of the sentence is postponed for a period of not less than one year and not more than five years.
If the suspended-sentence period is served faithfully, the pronouncement of the sentence loses its effect, and the sentence is remitted.
However, if another crime is discovered after the suspension is granted, or if a person violates the required conditions even after receiving probation, community service, or an order to attend a course, the pronouncement of the suspended sentence may be revoked.
Because suspension of sentencing is not even recorded as a criminal record, it can be regarded as the most favorable outcome for a defendant after the trial stage.
Of course, both systems mean that the defendant admits guilt, so if you are in an unfair situation after receiving a suspended sentence or the like, you may address the matter again through an appeal, so please take this into consideration.
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