Crime while incarcerated, probation 'not an option'...

Attorney Oh Ki-chan of Law Firm Tong presented the case of "post-conviction contestant" as an exception to the rule that probation for crimes committed during the period of incarceration (three years after the end of the sentence) is not possible in principle. He explained that if Crime B, which was committed before the judgment of Case A was finalized, is pre-conviction at the time of the act, it may be possible to impose a probationary sentence even if the subsequent trial is held during the period of incarceration. Mr. Oh also noted that if a person has been previously sentenced to probation and the period of probation has elapsed, he or she is not subject to aggravated punishment because he or she does not meet the requirements for conviction (Article 65 of the Criminal Code). Furthermore, he emphasized that once a probation disqualification exists as a matter of law, it cannot be overcome by mitigating circumstances such as a judge's sympathetic sentencing decision or restitution, and pointed out that much of the online debate stems from the confusion between the time of the crime and the time of legal use.