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Yoon Appears at First Criminal Trial on 'Rebellion Charges,' Denies Allegations for 93 Minutes (Comprehensive Report 2)

Yoon's First Rebellion Trial Ends After 8 Hours and 20 Minutes
Yoon Rebuts Rebellion Charges for 40 Minutes Each in Morning and Afternoon
Military Commanders Testify: "There Was an Order to Remove Lawmakers"
Next Hearing Scheduled for 10 a.m. on the 21st... Cross-Examination to Follow

The formal criminal trial procedure for former President Yoon Seok-yeol, who was indicted on charges of leading a rebellion related to the December 3 emergency martial law incident, concluded after about 8 hours and 20 minutes. President Yoon actively denied the charges, speaking directly for about 93 minutes, including his opening statement.


Yoon Appears at First Criminal Trial on 'Rebellion Charges,' Denies Allegations for 93 Minutes (Comprehensive Report 2) Former President Yoon Seok-yeol, accused of leading an insurrection, is entering the Seoul Central District Court in Seocho-gu, Seoul, where his first formal criminal trial is being held on the 14th. Photo by Yonhap News

On the 14th, the Seoul Central District Court held the first trial for former President Yoon in Courtroom 417 under the Criminal Division 25 (Presiding Judge Ji Gui-yeon). The prosecution presented a one-hour presentation explaining why the December 3 emergency martial law incident last year constitutes the crime of rebellion. The prosecution detailed the situation during the martial law by referring to Yoon’s awareness of the state affairs, the prior plotting and preparation of martial law.


The prosecution argued, "They planned to incite a riot with the purpose of disrupting the national order," and claimed, "The defendant declared martial law across the entire Republic of Korea with the aim of making it impossible for constitutional institutions such as the National Assembly and the National Election Commission to exercise their powers, and to nullify the functions of the constitution and laws, including the warrant system and party system."


In response, Yoon’s lawyer Yoon Gap-geun rebutted, "We deny all the charges," and stated, "The declaration (of martial law) was made according to the constitution and is not illegal." Former President Yoon, who gave his opening statement in person, also rebutted each point while displaying the prosecution’s presentation slides.


Former President Yoon claimed, "During the initial process of labeling this as rebellion, people who were frightened made statements under the guidance of investigative agencies, which were reflected in the indictment without verification," and added, "They constructed a few hours of non-violent incidents as rebellion." Regarding the prosecution’s mention of appointing former Minister of National Defense Kim Yong-hyun as part of the 'martial law preparation process,' he said, "Martial law must always be prepared." He added, "The very idea that this plan was drawn up since last spring is truly a comedy."


He also compared his case to the rebellion cases of former Presidents Chun Doo-hwan and Roh Tae-woo, repeating the same arguments he made during his impeachment trial at the Constitutional Court. He emphasized that it was merely a 'martial law for appeal.' Former President Yoon said, "I have analyzed the indictments and rulings of the December 12 and May 18 rebellion cases while handling various cases in the past," and added, "In the past, martial law was declared after mobilizing the military to take control, but this time it was different." He further stated, "I instructed that live ammunition should never be supplied to soldiers, that they should be deployed without being armed, and that civilians should be avoided," calling it "a peaceful martial law message to the public."


Former President Yoon, who spoke for 42 minutes in the morning session, continued to speak for 37 minutes in the afternoon session. He argued that blocking and sealing off the National Assembly was "nonsense." He said, "Everyone who could enter (the National Assembly) did enter, and it was clearly possible, but the Democratic Party leader took photos of climbing over the wall as a show, and all of that was recorded."


As his speech lengthened, the court requested him to "hurry up," but Yoon’s side responded, "The opening statement is the only right given to the defendant, so please allow more time." Yoon’s side also argued for dismissal of the indictment, claiming "the prosecution’s illegal detention issue violates the law."


After the opening statement ended, former President Yoon asked, "May I say a few more words?" and continued with an additional 3 minutes of remarks. He said, "There are excellent prosecutors here, but I also worked as a prosecutor for 26 years and served diligently in public office," and added, "I have arrested and indicted many people, but I cannot understand by what logic this constitutes the crime of rebellion."


Former President Yoon interrupted the court and his lawyers to continue his arguments. He actively spoke whenever he had the chance, continuing for about 10 minutes. In particular, he criticized the prosecution’s indictment, saying, "The burden of proof lies with the prosecution, so I am not denying their leading role, but this is too confusing," and questioned, "How can a proper trial be conducted under these circumstances?"


Yoon Appears at First Criminal Trial on 'Rebellion Charges,' Denies Allegations for 93 Minutes (Comprehensive Report 2) Chosung Hyun, Commander of the 1st Security Group, Capital Defense Command. Yonhap News Agency

In the afternoon session, witness examinations were conducted for Army Capital Defense Command 1st Security Group Commander Cho Sung-hyun and Special Warfare Command 1st Special Forces Battalion Commander Kim Hyung-gi. When asked by the prosecutor whether he was ordered to enter the main office and pull out the lawmakers, Commander Cho answered, "Yes." Commander Kim also responded "Yes" to the prosecutor’s question suggesting that he was ordered by Special Warfare Command 1st Airborne Brigade Commander Lee Sang-hyun to climb over the wall and pull out the lawmakers.


Former President Yoon strongly objected to the selection of Commanders Cho and Kim as witnesses on the first day of the criminal trial. He said, "I think the prosecution’s questions were seen at the Constitutional Court, and although I am not the one to conduct cross-examination, I do not understand why the witnesses had to appear today and why it was so urgent." He added, "On a day like today, having people who were already examined at the Constitutional Court come out, with reporters present, to appear on behalf of the ministers for their advantage, makes me think there is a highly political intention behind the witness examination by the prosecution." Originally, witness examinations for Deputy Prime Minister and Minister of Economy Choi Sang-mok and Minister of Foreign Affairs Cho Tae-yeol were scheduled for this day but were postponed.


The next trial date was set for 10 a.m. on April 21. Yoon’s side decided to conduct the defense’s cross-examination of Commanders Cho and Kim at the next trial rather than on this day, citing procedural issues.


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