Code of Criminal Procedure Article 455-4

(No Bargaining Judgment)The court may not pronounce a bargaining judgment under the following circumstances:1. Where the agreement is withdrawn or where requests for bargaining is revoked pursuant Paragraph 2 of the preceding article;2. Where the bargain was not made out of defendant’s free will;3. Where the bargaining agreement is obviously inappropriate or unfair;4. Where defendant’s offence may not subject to a bargaining judgment pursuant to Paragraph 1 of Article 455-2;5. Where facts established by the court are different from facts agreed in the bargaining process;6. Where a defendant commits other counts of offense which were arose by the same act in trial with heavier punishments;7. Where the court deems proper to pronounce punishment remitted, exemption from prosecution, or case dismissed.The court shall adjudicate the case within the scope of bargaining agreement without oral argument, except for circumstances specified in the preceding paragraph. The sentence pronounced by court under a bargaining judgment is limited to a suspension of sentence, limited imprisonment under 2 years, detention, or a fine.The court shall put down in records or the written judgment if the parties reach an agreement specified in Subparagraphs 2 to 4 of Paragraph 1 of Article 455-2.Where the court pronounces a judgment pursuant to the bargaining, Subparagraphs 3 and 4 of Paragraph 1 of Article 455-2 can be the cause for civil compulsory execution.