Q
Can the judge consider the fact that I might be deported?
A Answer
Yes, and it should be raised. Korean courts weigh personal circumstances at sentencing, including the impact on family and residence in Korea. Defense counsel can present your ties — a Korean spouse, children, long-term employment — and explain why a particular type of sentence would have disproportionate consequences. Judges cannot ignore the law, but they do have discretion in choosing the sentence.
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