The sentencing hearing for former President Yoon Suk-yeol on charges of leading an insurrection ended for now after about 15 hours devoted solely to examining the defendant's documentary evidence. On the additional date of the 13th, the court will examine former President Yoon's documentary evidence and the special counsel investigating the insurrection case will also seek a sentence. The bench said, "Wouldn't it be fair and efficient to let those who have prepared speak while they still have energy?" and added, "Proceeding at dawn would hardly count as a proper argument."
The Seoul Central District Court Criminal Division 25 (Presiding Judge Jee Kui-youn) decided around 9:50 p.m. on the 9th to postpone the sentencing hearing in the insurrection trial of eight military and police leaders, including former President Yoon, former Ministry of National Defense Minister Kim Yong-hyun, and former Korean National Police Agency Commissioner General Cho Ji-ho. The hearing began at about 9:20 a.m. on the 9th and ended around 12:10 a.m. on the 10th.
Former President Yoon's side also agreed to the postponement. Attorney Wi Hyun-seok said, "By the time we take our turn after the other defendants' attorneys finish the documentary evidence examination, it is expected to be around 1 a.m. I don't think it is right to conduct the most important defense for former President Yoon in a drowsy state." Former Minister Kim's side and the other defendants also expressed support.
◇Although sentencing was initially planned, hearing is postponed without reaching the "substance"
The bench had initially planned on the 9th to finish examining the defendants' documentary evidence, then proceed with the special counsel investigating the insurrection case's final opinion and sentencing request, and finally the eight defendants' closing statements. Anticipating the possibility of a prolonged hearing, it moved up the start time to 9:20 a.m., earlier than scheduled.
However, starting around 9:30 a.m., former Minister Kim's side spent about 6 hours and 30 minutes solely on the documentary evidence examination, excluding lunch and recess, and the sentencing phase showed no progress. Around 5:40 p.m., the bench halted former Minister Kim's side's examination and proceeded with the examinations for former Commissioner General Cho, former Korean National Police Agency National Office of Investigation (NOI) investigation planning and coordination officer Yoon Seung-young, and former National Assembly Guard commander Mok Hyun-tae. After that, former Minister Kim's side continued the evidence examination for another hour and 30 minutes, prompting talk of a "courtroom filibuster."
In the end, the bench decided to conclude the hearing that day after finishing the documentary evidence examinations for former Minister Kim, former Defense Intelligence Command chief Noh Sang-won, and former 3rd Corps Military Police commander Kim Yong-goon. The documentary evidence examination for former President Yoon, the special counsel's final opinion and sentencing request, and the defendants' closing statements are scheduled for the 13th.
◇Back-and-forth over pace between special counsel saying "speed up" and defendants saying "tongue gets twisted"
During the documentary evidence examination, there was also friction over the pace. When the special counsel team pressed attorney Kwon Woo-hyun from former Minister Kim's side, saying, "Your reading speed is too slow. Please just speed up," Kwon replied, "I have a short tongue, so if I go fast, my tongue gets twisted." A colleague attorney backed him up, saying, "Go slowly."
As the hearing dragged on with repeated recesses and resumptions, attorney Yoon Gap-geun for former President Yoon said, "We are continuing without even having dinner. The detained defendants are extremely exhausted physically. Let's decide what to do."
The bench said, "Shouldn't we finish today? That is the bench's plan," adding, "It is not that the bench wants to drag this out, but it ended up this way as we sufficiently gave the defendants the opportunity to speak." It continued, "From around last summer, we originally said we would conclude around late December," referring to holding hearings during the winter recess and the promise to conclude during the recess.
The special counsel investigating the insurrection case also said, "We wanted to proceed with the sentencing hearing today," and added it understood the physical limitations and would follow the bench's direction in managing the proceedings.
◇Bench says "we must finish at the next date no matter what"
Regarding procedure on the 13th, the bench stressed, "We must finish at the next date no matter what. There is nothing after that," and added, "Whenever it is, we will have no choice but to go late." Former President Yoon's side has said the documentary evidence examination could take about six hours, and the special counsel team has said its sentencing request could take two to three hours, raising the possibility that the hearing on the 13th will also run long.
Meanwhile, former President Yoon appeared in a navy suit in the morning, bowed to the bench, glanced at the gallery, and headed to the defendant's seat. After sitting down, he was seen whispering with his attorneys, including Yoon Gap-geun. In the morning, he was seen staring expressionlessly at the monitor or chatting with the attorney next to him with a smile. Later, he closed his eyes and nodded off, and in the afternoon, he repeatedly opened and closed his eyes, appearing to lose focus, according to accounts.
At the start of the hearing, there was also a clash over the state of preparation for the evidence examination. When former Minister Kim's side said it would proceed with oral arguments because there were not enough copies of the materials, the special counsel team pushed back, saying, "We even submitted our scenario the day before, so you should have prepared." When former Minister Kim's side explained, "We did it in a day," the presiding judge said, "The difference between a pro and an amateur is that a pro doesn't whine."