Code of Criminal Procedure Article 451-1

(Specific Sentence Requested by a Prosecutor)Where a defendant confesses in the investigation process on cases mentioned in Paragraph 1 of the preceding article, he may express his willingnes to the prosecutor the scope of sentence he would undertake, and if the prosecutor consents, records shall be made, and the defendant’s statement shall be the basis for requesting the court to pronounce a sentence or suspension of sentence.Before a prosecutor requests a sentence or motion in the preceding paragraph, he may consult with the victim, consider relevant circumstance, and order the defendant the following items, after obtaining the victim’s consent:1. To apologize to the victim;2. To pay a certain amount of compensation to the victim.Where a defendant’s confession does not contain contents specified in Paragraph 1, he may make statements to the court during the trial; the prosecutor may also request the court to pronounce a sentence or suspension of sentence based on defendant’s statements.Under circumstances mentioned in Paragraph 1 and the preceding paragraph, the court shall pronounce a judgment within the scope of sentence or suspension of sentence requested by the prosecutor; unless one of the following circumstances applies:1. Where a defendant’s offense is not one that may be sentenced by summary judgment pursuant to Article 449;2. Where facts of an offense established by the court is different from which the prosecutor uses to request a sentence, or where other facts of the same offense in trial are discovered during the trial and the sentence requested by the prosecutor is obviously improper;3. Where after trial, the court deems it proper to pronounce a judgment of not guilty, exemption from prosecution, case dismissed, or mistake in jurisdiction;4. Where a request by the prosecutor is obviously improper or unfair.