The defendant requested a heavier probation than a fine... why?

Preference for probation without immediate financial burden
It varies depending on the financial circumstances and values ​​of the defendant.
Claims to introduce 'daily fine system' to increase the effectiveness of fines

“This is completely wrong.” These are the words uttered by a defendant in a recent criminal trial at the Busan General Court Complex when he was given leniency by the court with a fine.

He then urged the court to sentence him to probation, which is a more severe sentence than a fine, saying, "When I consulted with my lawyer, I confessed because I was told that I would be sentenced to probation if I admitted to the crime." Since probation is a more severe punishment than a fine, the court, which was clearly embarrassed, sent the defendant away with the words, "Appeal and get a new judgment."

It can be interpreted that the reason the defendant is requesting a suspended sentence is because suspended sentences do not cause immediately visible damage or financial burden.

If you are sentenced to a fine, as a rule, the entire amount must be paid in a lump sum within 30 days from the date of decision, so financial expenses are incurred immediately. On the other hand, with probation, there is no financial loss and you are free because you do not have to spend time in prison.

Kim Dong-jin, a lawyer at Daeryun Law Firm (Limited), said, "A fine requires payment immediately, but (defendants) think that a suspended sentence is a risk that carries the prison sentence forward to the future and disappears." He added, "Thoughts on suspended sentences differ depending on each person's economic situation or values. It becomes difficult for people in jobs such as large corporations or public institutions to maintain job continuity if they receive suspended sentences according to regulations. On the other hand, for self-employed people who are not affiliated somewhere, a suspended sentence is much more likely to be imposed than a fine. “I prefer it,” he explained.

Punishments in our country are severe in the following order: fines, suspension of qualifications, loss of qualifications, fixed-term imprisonment, fixed-term imprisonment, life imprisonment, life imprisonment, and death.

Among these, the court may sentence a person to probation for not less than 1 year but not more than 5 years if he or she is sentenced to imprisonment or imprisonment for not more than 3 years or a fine not exceeding 5 million won. Probation of sentence is a system that postpones the execution of a guilty sentence for a certain period of time rather than executing it immediately, and is a much heavier punishment than a fine under the criminal law.

Additionally, if you are placed on probation, a criminal record will remain, as in the expression 'a red line is drawn,' and if you commit a crime during the period of probation and are brought to court again, you will have to serve the previously suspended sentence in addition to the newly sentenced sentence.

However, people who are in difficult economic situations or who are not greatly affected by the red line due to probation prefer it because there is no immediate harm from receiving probation.

In response to this unreasonableness, experts suggest the introduction of a 'daily fine system' in which fines are set according to the financial circumstances of the defendants in order to increase the effectiveness of fines.

Our country adopts a ‘total fine system’. This system is a fine system that imposes a certain amount of money on the defendant within the scope of the statutory penalty. The daily fine system is a system that sets a fine based on a criminal's daily income. The purpose is to impose fines in proportion to the ability to financially bear the burden.

Dr. Park Gyeong-gyu of the Korea Institute of Criminology and Legal Policy explained, "Legal experts view probation as a much heavier punishment than a fine. However, defendants who are financially struggling feel more reluctant to receive a fine than probation because it affects their livelihood, including having to pay immediately."

He added, "Fines were created to punish minor crimes, not serious crimes that restrict freedom. Most minor crimes, such as livelihood crimes, are subject to fines, but our country uses a total fine system, so it does not take a deep look at the financial circumstances of the defendant."

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