Five Years for Obstruction of Arrest, Three Years for Destruction of Evidence, Two Years for Drafting a False Proclamation
"Defendant Asserted Legitimacy of Martial Law Proclamation Rather Than Expressing Remorse or Apologizing to the Public"
Former President Yoon Suk-yeol is attending the first trial on charges of "obstruction of special official duties and abuse of authority to obstruct the exercise of rights" held at the Seoul Central District Court in Seocho-gu, Seoul, on September 26. Photo by Joint Press Corps
Special Prosecutor Cho Eunseok's team, investigating the insurrection case, has requested a total prison sentence of 10 years for former President Yoon Suk-yeol on charges including obstruction of arrest and infringement of Cabinet members' rights to deliberate and vote.
During the sentencing hearing for Yoon Suk-yeol's case on charges of obstruction of special official duties and abuse of authority to obstruct the exercise of rights, held on the 26th at the Seoul Central District Court Criminal Division 35 (Presiding Judge Baek Daehyun), the special prosecutor's team made this sentencing request.
The special prosecutor's team requested a five-year prison sentence for the charge of obstructing arrest, and three years for infringing on Cabinet members' rights to deliberate and vote, disseminating false information to foreign journalists, and destroying evidence related to secure phones. For drafting a false emergency martial law proclamation, they requested an additional two-year sentence.
The special prosecutor's team stated, "The defendant's crimes have seriously undermined the rule of law in the Republic of Korea and caused great harm to the citizens who trusted and elected him as president," adding, "Nevertheless, throughout the investigation and trial, the defendant repeatedly asserted the legitimacy of the emergency martial law proclamation rather than expressing remorse or apologizing to the public."
They continued, "It is necessary to hold the defendant strictly accountable to restore the damaged Constitution and rule of law, and to ensure that such abuses of power by the highest authority do not recur in the history of the Republic of Korea."
Former President Yoon was indicted in July on charges of infringing on the constitutional rights of nine Cabinet members to deliberate and vote on martial law by convening only a select group of Cabinet members favorable to him, thereby merely creating the appearance of a Cabinet meeting at the time of the emergency martial law proclamation.
He is also accused of fabricating a false proclamation to make it appear that martial law was enacted based on a document signed by former Prime Minister Han Ducksoo and former Defense Minister Kim Yonghyun after the lifting of martial law, and of shredding and destroying this document, which is classified as a presidential record and official government document.
Additionally, he is charged with instructing the dissemination of a press guidance (PG) containing the false claim that "there was never any intention to undermine the constitutional order" to foreign media, ordering the deletion of secure phone communication records of former Defense Security Command chief Yeo Inhyeong and others, and directing the Presidential Security Service to prevent the execution of an arrest warrant issued by the Corruption Investigation Office for High-ranking Officials (CIO) in January of this year.
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