Sentencing Hearing Concludes 407 Days After Martial Law
Special Prosecutor: "Must Be Punished More Severely Than Chun Doo-hwan and Roh Tae-woo... No Remorse Shown"
Kim Yonghyun, Former Defense Minister, Recommended for Life Imprisonment
Resigned
The special prosecutor team for rebellion, led by Cho Eunseok, has requested the death penalty-the maximum sentence under the law-for former President Yoon Seok-yeol, who is on trial for charges of leading a rebellion. In his final statement, former President Yoon pleaded not guilty, saying, "The martial law was an appeal, but it became fodder for a rebellion narrative by a pack of wolves." With this, the main trial for leading a rebellion, considered the core case, is now awaiting only the verdict, 406 days after the declaration of the 12·3 Martial Law. The verdict for the first trial is scheduled for the 19th of next month.
Former President Yoon Seok-yeol attended the concluding trial for charges of leading a rebellion on the 13th at Criminal Courtroom 417 of the Seoul Central District Court in Seocho-gu, Seoul, and was seen conversing with his lawyers. Photo by Yonhap News Agency, provided by Seoul Central District Court
According to legal sources on January 14, at the sentencing hearing held the previous day under the Criminal Agreement Division 25 of the Seoul Central District Court (Presiding Judge Ji Guyoun), the special prosecutor team requested the court to sentence former President Yoon to death, the maximum penalty allowed by law.
Special Prosecutor Park Eoksu, who delivered the closing argument, described the martial law as "a grave destruction of constitutional order, unprecedented in the history of constitutional governance," and stated, "Far from showing remorse, he has never once apologized to the public. There are no circumstances that warrant special consideration in favor of the defendant." He further emphasized, "The acts of destroying the constitutional order committed by public office elites must be judged even more strictly than those committed by the Chun Doo-hwan and Roh Tae-woo regimes, to demonstrate that the Republic of Korea can protect its constitutional order through the criminal justice system." Upon hearing the sentencing request, former President Yoon showed a bitter smile, while expletives such as "son of a b****" erupted from the gallery.
The special prosecutor team also requested heavy sentences for seven military and police leaders accused of engaging in key roles in the rebellion. For Kim Yonghyeon, former Minister of National Defense and identified as the "second-in-command" of martial law, life imprisonment was requested. For Noh Sangwon, former Commander of the Defense Security Command and suspected of being a "shadow figure" in the martial law, a 30-year prison sentence was sought. For Cho Jiho, former Commissioner General of the National Police Agency, accused of participating in the blockade of the National Assembly, a 20-year sentence was requested, and for Kim Bongsik, former Commissioner of the Seoul Metropolitan Police Agency, a 15-year sentence was sought. In addition, Kim Yonggun, former Military Police Commander of the Third Army, received a 15-year sentence request; Mok Hyuntae, former Chief of the National Assembly Guard at the Seoul Metropolitan Police Agency, 12 years; and Yoon Seungyoung, former Director of Investigation Planning and Coordination at the National Investigation Headquarters, 10 years.
In his 90-minute final statement, former President Yoon, his face flushed, loudly insisted on his innocence. He said, "It was only a few hours of martial law-the shortest in modern history-yet it was labeled a rebellion, leading every investigative agency to pursue the case, even creating a massive special prosecutor team," and called it "a frenzied sword dance symbolizing purges and oppression." He also argued that the troops deployed to the National Assembly were unarmed and that the martial law was quickly lifted once lawmakers entered the main chamber, thus denying the very basis for the rebellion charges. He reiterated, "The martial law became fodder for a rebellion narrative by a pack of wolves."
The trial began at 9:30 a.m. the previous day, but was prolonged as the defense team for former President Yoon conducted a document evidence review that lasted about nine hours, ultimately concluding at 2:25 a.m. on the day after midnight. After hearing the final statements from all eight defendants, the court scheduled the verdict for 3:00 p.m. on the 19th of next month. Presiding Judge Ji stated, "The court has tried its best to ensure a fair and prompt trial, but there may have been shortcomings," adding, "The conclusion of this case will be determined solely according to the Constitution, the law, and the evidence."
The court will determine the final sentences by considering the prosecution’s sentencing requests, the circumstances of the crimes, and any mitigating factors. The death penalty can be reduced to life imprisonment or 20-50 years in prison or penal servitude, and life imprisonment or life penal servitude can be reduced to 10-50 years in prison or penal servitude.
Courtroom 417 at the Seoul Central District Court, where the sentencing was requested for former President Yoon, is the same courtroom where, 30 years ago in 1996, prosecutors sought the death penalty for former President Chun Doo-hwan, who was also charged with leading a rebellion. This marks the first time in 30 years since former President Chun in 1996 that a former president has faced a death penalty request for rebellion charges.
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