First Trial Verdict for Yoon's Rebellion Case Next Month... "Heavy Sentence Unavoidable, Death Penalty Possible"

'Yoon Rebellion' First Trial Verdict Set for 19th of Next Month
Death Penalty as Prosecutors Seek?
Legal Community Divided on Outcome

With the sentencing hearing for former President Yoon Seok-yeol's case as the leader of a rebellion scheduled for next month, there is growing attention on the court's verdict. Legal experts widely believe that if he is found guilty of rebellion under the Criminal Act, a heavy sentence will be inevitable. However, opinions are divided on whether the court will follow the prosecution's recommendation and impose the death penalty.

Former President Yoon Seok-yeol, who was indicted on charges of leading the December 3 emergency martial law-related rebellion, is delivering his final statement at the conclusion of the trial on the charge of leading the rebellion in Criminal Courtroom 417 at the Seoul Central District Court in Seocho-gu, Seoul, on the 13th. Photo by Yonhap News Agency

According to Yonhap News on January 14, the 25th Criminal Division of the Seoul Central District Court (Presiding Judge Ji Guyon) has set the sentencing date for 3 p.m. on the 19th of next month. This is four days before the regular judicial personnel appointments scheduled for the 23rd of next month. Presiding Judge Ji, who has overseen all trial proceedings for nearly a year since February last year, declared to both the special prosecution team and the defendant's side, "The court will render its verdict according to the Constitution, the law, and the evidence."

The previous day, Cho Eunseok, head of the special prosecution team for rebellion, requested the court to sentence former President Yoon to the maximum penalty under the law, the death penalty, arguing that there were no mitigating circumstances since he had consistently justified the illegal emergency martial law without remorse.

However, some in the legal community interpret the request for the death penalty as having symbolic meaning. In fact, South Korea has not carried out an execution for nearly 30 years since December 1997.

During the final statement at the conclusion hearing, Special Prosecutor Park Eoksu stated, "The Republic of Korea is considered, in practice, an abolitionist country because the death penalty is not enforced. However, the death penalty continues to be requested and imposed." He added, "In Korea's criminal justice system, the death penalty does not function as an actual execution, but rather as a means for the community to demonstrate its determination to respond to crime and uphold public trust through the judiciary."

"Death Penalty Rendered Obsolete" vs. "Death Sentence Still Possible"... Diverging Legal Views

There are also predictions that alternatives to the death penalty may be considered. One attorney, a former prosecutor, said, "The death penalty is, in effect, obsolete in our country, and this is common knowledge. While the special prosecutor argued that 'the death penalty is still being requested and imposed,' such cases are extremely rare." Another former prosecutor commented, "The special prosecution claims that the death penalty is inevitable due to the absence of mitigating factors, but the court may decide differently. I do not think the death penalty will be imposed. For example, the fact that former President Yoon served as a public official for over 20 years and fulfilled his duties could be a favorable factor in sentencing."

Former President Yoon Seok-yeol, who was indicted on charges of leading an insurrection related to the December 3 emergency martial law, is seen smiling while conversing with his lawyers during the sentencing hearing for the charge of leading an insurrection held on the 13th at Criminal Courtroom 417 of the Seoul Central District Court in Seocho-gu, Seoul. Photo by Yonhap News

On the other hand, some argue that the possibility of a death sentence cannot be ruled out. A professor at a law school in the Seoul metropolitan area stated, "If the court accepts the special prosecution's claim that Yoon destroyed the constitutional order and sought to establish a dictatorship, it is impossible to completely dismiss the possibility of a death sentence. Like former President Chun Doo-hwan, Yoon could be sentenced to death in the first trial and then have his sentence reduced in a higher court." In Chun Doo-hwan's case, he was sentenced to death in the first trial in 1996 for leading a rebellion, but the sentence was commuted to life imprisonment on appeal and finalized by the Supreme Court.

Few Mitigating Factors for Yoon... "If Found Guilty, a Heavy Sentence Is Unavoidable"

However, these experts believe that, given the seriousness of the rebellion and Yoon's attitude, it will be difficult to avoid a heavy sentence if he is found guilty. According to Article 55 of the Criminal Act, which defines the scope of sentence reduction, if there are legal mitigating factors such as voluntary surrender, attempt, or diminished capacity, the death penalty can be reduced to a fixed-term imprisonment of between 20 and 50 years, and life imprisonment can be reduced to a fixed-term imprisonment of between 10 and 50 years. Even if all possible mitigating factors are applied, a sentence of at least 10 years in prison is unavoidable.

However, there are not many legal professionals who expect the sentence to be reduced to this extent. It is difficult to find mitigating circumstances for former President Yoon, such as voluntary surrender or diminished capacity, that would significantly reduce his sentence.

Many believe that Yoon's lack of cooperation during the investigation and his unrepentant attitude during the trial will be unfavorable factors in sentencing. One attorney pointed out, "During the investigation and trial, former President Yoon displayed an attitude akin to that of someone convinced of the righteousness of his actions. While showing genuine remorse would have been advantageous, there was absolutely none."