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Laws › Criminal Act › SECTION 5 Concurrent Crimes

Criminal Act — Article 39 (Concurrent Crimes Not Adjudicated; Several Judgments and Concurrent Crimes; Execution of Punishment and Concurrent Crimes)

형법 제39조

This English translation is based on the Korean text effective 2023-08-08. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) In the event there is a crime which has not been adjudicated among the concurrent crimes, a sentence shall be imposed on the said crime taking account of equity with the case where the said crime is adjudicated concurrently with a crime which has been finally adjudicated. In this case the said punishment may be mitigated or exempted. <Amended on Jul. 29, 2005>

(2) Deleted. <Jul. 29, 2005>

(3) When a person who has been sentenced for concurrent crimes receives amnesty or remission of the execution of punishment with respect to any one of the concurrent crimes, punishment for the remaining crimes shall be determined de novo.

(4) In the execution of punishment specified in the preceding three paragraphs, the period of sentence already served shall be taken into account.

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