The first trial arguments for former President Yoon Suk-yeol, who is charged as a ringleader of an insurrection in connection with the Dec. 3 martial law, will conclude on the 9th. The maximum sentence allowed by law for the charge of being an insurrection ringleader is death. Attention is focused on whether the special counsel investigating the insurrection case will seek the death penalty or life imprisonment for the former president.
The 25th Criminal Division of the Seoul Central District Court (Presiding Judge Jee Kui-youn) will hold a sentencing hearing from 9:20 a.m. to conclude arguments in the case charging the former president as an insurrection ringleader. The special counsel team's final opinion and sentencing recommendation, the defense's closing argument, and the defendant's final statement will proceed in that order.
Under Article 87 of the Criminal Act, the statutory penalties for the insurrection ringleader charge facing the former president are limited to three options: death, life imprisonment, or life confinement. Those who participated in or directed an insurrection conspiracy, or engaged in other critical duties, may be punished by death, life imprisonment, or imprisonment or confinement of at least five years.
The special counsel investigating the insurrection case discussed sentencing recommendations for eight defendants in the insurrection case, including the former president, from 3 p.m. to 9 p.m. on the 8th. Special Counsel Cho Eun-suk, deputy special counsels, and investigative team leaders reportedly took part. They are said to have exchanged views on whether to seek death or life imprisonment for the former president.
In the past, prosecutors sought the death penalty for former President Chun Doo-hwan, who was indicted as the ringleader of an insurrection. At the time, the first trial court recognized both insurrection and military rebellion and sentenced him to death. On appeal, his sentence was reduced to life imprisonment, and the Supreme Court finalized the sentence. He was pardoned after the sentence was finalized.
Under Article 55 of the Criminal Act, when reducing a death sentence, the term can only be reduced to life imprisonment or at least 20 years in prison, and life imprisonment or life confinement can only be reduced to a fixed term of at least 10 years in prison or confinement. There must be circumstances such as the defendant admitting the crime and reflecting, or the harm from the crime not being severe. Even with maximum mitigation, the minimum imposable sentence is 10 years in prison or confinement. A suspended sentence is not possible.
The sentencing hearing is expected to continue late into the night. The former president delivered a final statement for 59 minutes in the trial last month over charges of obstructing an arrest. In the main trial on the insurrection ringleader charge, the final statement could be even longer.
There are eight defendants, including the former president. The sentencing hearing for the military and police leadership, including former Minister of National Defense Kim Yong-hyun and former Korean National Police Agency Commissioner Cho Ji-ho, who were indicted for engaging in critical duties in the insurrection, will also be held on the same day.
The first trial ruling is expected around mid-February, before the regular judicial personnel reshuffle. The court will determine the applicable statutory penalty with reference to the prosecution's sentencing recommendation, and then finalize the sentence by reflecting aggravating and mitigating factors.
The Seoul Central District Court said it will pay special attention to court building security on the day of the sentencing hearing. It will close the north gate of the building from 9 a.m. to midnight and conduct enhanced security screening for entrants.