All
| TITLE | [Violation of the Punishment of Violence..]Supreme Court Decision 2007Do768 Delivered on July 27, 2007 [full Text] |
|---|---|
| Summary | |
| [1] Whether a sentence of probation of which period has not yet been completed constitutes a ground for disqualification from probation as provided under the provision of Article 62 (1) of the former Criminal Code (affirmative in principle) [2] Interpretations of grounds for disqualification from probation as provided under the provision of Article 62 (1) of the former Criminal Code [3] In the matter of interpreting Article 62 of the current Criminal Code, if a crime was committed during the probation period and the probation period comes to an end during the court proceeding, whether probation as to such crime can be sentenced again (affirmative) [4] The case holding that in a case where a sentence as to a crime committed under the former Criminal Code is rendered, the former Criminal Code cannot be deemed as more favorable to the defendant since the defendant is disqualified from probation either under Article 62 of the former Criminal Code or under Article 62 of the current Criminal Code, if the crime was committed during the period of probation and the decision of revoking the probation was finalized prior to the completion of probation period | |
