Legal Q&A

Tired of non-expert, ad-driven answers to your legal questions?
Daeryun's specialist attorneys are here to answer.

Reoffending during the period of a suspended sentence: what happens?

I committed the offense of prostitution, and even though I was in the period of a suspended sentence, I could not overcome my urges and attempted prostitution again, so I am about to be labeled a repeat offender. However, this time I did not actually engage in prostitution, and although I cannot go into detail, there is a side to the situation that, at first glance, feels unfair. If reoffending during the period of a suspended sentence results in aggravated punishment, does that mean the time already accumulated during the earlier suspended sentence all goes to waste and I must be punished all over again?

suspended sentence

period of a suspended sentence

reoffending

Answer

Published: 2023-03-06

Author : DongIl PARK

Criminal Act Article 63 (Invalidation of a Suspended Sentence) Where a person who has been given a suspended sentence is sentenced to actual imprisonment without labor or a heavier penalty for an offense intentionally committed during the suspension period, and that judgment becomes final, the suspended sentence loses its effect.

If you commit an offense while still in the period of a suspended sentence, it becomes reoffending, and under the Criminal Act the suspended sentence may be invalidated.

In addition, if you commit the same or a similar offense, the court cancels the suspended sentence and separately imposes a sentence for the newly committed offense.

In this case, the defendant may have both sentences enforced, and depending on the circumstances, the sentence is also aggravated.

Because you may end up serving actual imprisonment for the combined period of the two sentences, we recommend consulting promptly with a criminal attorney.

In such a case, it is necessary to grasp the circumstances of why the suspect committed an offense again and to identify grounds for leniency.

For example, you may appeal for leniency on grounds such as the defendant's age and conduct, and the serious economic crisis that could arise for the defendant's family environment and family relationships if actual imprisonment is served.

You may also seek a way to conclude the matter through a prompt settlement with the victim that restores the harm.

If you have committed an offense during the period of a suspended sentence and are thus exposed to the risk of aggravated punishment for reoffending, we recommend seeking a consultation promptly.