Special Prosecutor Cho Eunseok's team on the insurrection case appealed the first-instance ruling that sentenced former President Yoon Sukyeol to life imprisonment on charges of insurrection related to the December 3 emergency martial law.
On the 25th, the special prosecutor's team stated in connection with the first-instance sentencing of former President Yoon, "We are filing an appeal on the grounds of misapprehension of facts, misinterpretation of the law, and unfair sentencing."
On the 19th, former President Yoon Sukyeol attended the first-instance sentencing trial on charges of being the ringleader of the December 3 emergency martial law-related insurrection at the Seoul Central District Court in Seocho-gu. Yonhap News
Earlier, on the 23rd, Special Prosecutor Cho and his team gathered at the Seoul High Prosecutors' Office to analyze the written first-instance judgment and discuss whether to appeal, as well as the scope and grounds of the appeal. It was reported that, during the meeting, many participants expressed the view that it was difficult to accept the court's finding that the decision to declare martial law was made on December 1, 2024.
Previously, on the 19th, the 25th Criminal Division of the Seoul Central District Court (Presiding Judge Ji Guyoun) sentenced former President Yoon to life imprisonment in the first-instance sentencing hearing on the charge of being the ringleader of the insurrection related to the December 3 emergency martial law.
The court acknowledged that the December 3 emergency martial law constituted insurrection under the Criminal Act.
In principle, the president's declaration of emergency martial law itself is an exercise of constitutional authority and therefore does not constitute insurrection, nor is it easily subject to judicial review. However, the court held that if the purpose of declaring emergency martial law is to infringe upon the essential functions of the National Assembly or of the executive and judiciary, it can constitute the crime of insurrection.
However, regarding the circumstances of the declaration of martial law, the court largely rejected the special prosecutor's allegation that preparations for martial law had been underway since before October 2023. Instead, it found that Yoon had firmly decided on December 1, two days before the declaration, to proclaim martial law and had entrusted the detailed arrangements to former Defense Minister Kim Yonghyun.
Former President Yoon also submitted a notice of appeal to the court the previous day. In a statement issued in the name of the legal defense team, Yoon's attorneys said, "We believe we have a responsibility to clearly record the problems with this decision, not only in the court record but also in the historical record in the future," adding, "We intend to clarify the errors in fact-finding and the misinterpretation of the law in the first-instance judgment."
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