Insurrection Special Prosecutor Appeals Five-Year Sentence for Yoon Seokyoul's 'Obstruction of Arrest' Conviction

"Appeal Filed on Not Guilty Verdicts and Sentencing"
Yoon's Legal Team Also Submitted Appeal on January 19
Appeal Trial Expected to Be Handled by Seoul High Court's Insurrection Division

On January 22, the special prosecutor team for insurrection, led by Cho Eunseok, filed an appeal against the first trial verdict that sentenced former President Yoon Seokyoul to five years in prison on charges related to obstruction of arrest.

On the 16th, citizens were watching the trial in the Seoul Station waiting room where the court sentenced former President Yoon Seok-yeol to five years in prison in the first trial for charges including obstruction of arrest and infringement of the Cabinet members' deliberation rights. 2026.1.16 Photo by Kang Jinhyung

The special prosecutor team announced to the media on the 22nd, "We have filed an appeal regarding the not guilty verdicts and the sentencing."

Previously, on January 16, the 35th Criminal Division of the Seoul Central District Court (Presiding Judge Baek Daehyun) sentenced former President Yoon to five years in prison for charges including obstruction of official duties by special public officials and abuse of power. This is half the 10-year prison term sought by the special prosecutor team.

Former President Yoon was additionally indicted by the special prosecutor team in July of last year for allegedly obstructing the execution of an arrest warrant by the Corruption Investigation Office for High-ranking Officials (CIO) in connection with the December 3 Martial Law. He also faces charges of drafting a post-martial law proclamation and infringing on the martial law deliberation and decision-making rights of nine Cabinet members. Other charges include spreading false information to foreign media and destroying evidence related to secure phones.

The court found most of the charges to be proven. The court explained the sentencing by stating, "As president, he had a greater obligation than anyone else to uphold the Constitution and observe the rule of law. However, he disregarded the procedural requirements established by the Constitution and related laws to prevent presidential arbitrariness and abuse of power." The court added, "He consistently offered implausible excuses and showed no remorse for his wrongdoing."

However, the court considered as mitigating factors that former President Yoon had no prior criminal record and was a first-time offender. It was also taken into account that he did not actively lead the crimes of falsifying official documents, violating the Presidential Records Act, or damaging official documents. He was found not guilty of instructing the dissemination of false information through press guidance (PG) to foreign media and of using forged official documents.

Earlier, former President Yoon's legal team also filed an appeal on January 19, arguing that the court's decision was unlawful. They claimed, "Given the public interest and historical significance of this case, the first trial court omitted judgment on the most critical issues, leading to dissatisfaction from the parties involved."

The appeal trial is expected to be handled by the Seoul High Court's division specializing in insurrection cases, which will begin operating from February 23.