The special counsel investigating the insurrection case sought the maximum sentence allowed by law, death, for former President Yoon Suk-yeol, who has been indicted as a ringleader of an insurrection. Aimed at Yoon, the special counsel investigating the insurrection case said, "(Regarding the declaration of emergency martial law) there has not been a single proper apology to the people," adding, "The defendant shows no remorse. There are no circumstances to consider in sentencing, and rather a heavier sentence should be imposed."
On the 13th, at a sentencing hearing before the Seoul Central District Court Criminal Division 25 (presiding judge Jee Kui-youn), the special counsel investigating the insurrection case asked the bench to sentence the former president to death.
◇Yoon shows a faint smile as death sought… profanity from the gallery
Special Counsel Park Eok-su said at about 9:35 p.m., "Please sentence the defendant to death." Under the Criminal Act, the only statutory penalties for the crime of ringleader of an insurrection are death, life imprisonment, and life confinement. Park said, "It is not appropriate to set the sentence at the statutory minimum. The only sentence that is not the statutory minimum is 'death.'"
Previously, a person brought to trial for the crime of ringleader of an insurrection was former President Chun Doo-hwan, who was indicted over the Dec. 12 military coup and the May 18 Gwangju pro-democracy uprising. Prosecutors sought the death penalty at the first trial, and the first-instance court imposed death. On appeal, it was commuted to life imprisonment, which was affirmed by the Supreme Court.
Although the penalties set by law are limited to death, life imprisonment, and life confinement, the court may exercise discretion to reduce the sentence if the defendant admits the crime and repents or if the harm is not significant. However, 10 years' imprisonment is the minimum sentence.
When former President Chun Doo-hwan stood in court on the same charge 30 years ago, prosecutors sought the death penalty. Chun was indicted on charges including ringleader of insurrection related to the Dec. 12 military coup and the May 18 Gwangju pro-democracy uprising (after amendment to the Criminal Act, ringleader of an insurrection).
Earlier, while studying at the Seoul National University law school, former President Yoon Suk-yeol took the role of judge in a mock trial and sentenced Chun Doo-hwan to life imprisonment. The special counsel on this day sought the death penalty, saying, "A sterner punishment is needed than for Chun Doo-hwan and Roh Tae-woo." When death was sought, the former president looked straight ahead and gave a faint smile. From the gallery came profanity such as "crazy XX" and "bullshit."
Courtroom 417 of the Seoul Central District Court, where the former President Yoon was sought the death penalty, is also where prosecutors sought death for Chun Doo-hwan in 1996, 30 years ago. At the time, life imprisonment was sought for former President Roh Tae-woo. In addition, in Courtroom 417, former Presidents Lee Myung-bak and Park Geun-hye also sat in the dock and heard prosecutors' sentencing requests.
◇Special counsel says Dec. 3 emergency martial law had "characteristics of anti-state activity subject to the National Security Act"
The special counsel investigating the insurrection case also referred to Yoon and others as an "anti-state force." Park said, "The series of acts (at the time of emergency martial law) directly and fundamentally infringed on the nation's security and the people's survival and freedom," adding, "It is reasonable to assess that they have the character of anti-state activity subject to regulation by the National Security Act."
Park added, "This is a grave case of destruction of constitutional order by an 'anti-state force,' unprecedented in our constitutional history, including armed soldiers storming the National Assembly and the National Election Commission and attempts to cut power and water to media outlets."
Explaining the grounds for the sentencing request, Park said, "Across times and places, crimes that fundamentally undermine the existence and safety of the social community are met with the most extreme punishment," adding, "The stern pursuit of legal responsibility for this insurrection, which threatened the very existence of the Republic of Korea, is the minimum measure for safeguarding constitutional order and realizing trust and justice in the criminal justice process."
Regarding the former president, Park said, "He makes implausible claims such as a 'warning-type or appeal-type martial law,'" adding, "By making it appear that emergency martial law was justified, he incites his supporters, stokes social division and mutual antagonism among the people, and enrages the public." Park continued, "He is showing irresponsibility by shifting blame, such as by branding those who bravely testify truthfully as liars."
◇To Kim Yong-hyun: "No different from the ringleader," to Noh Sang-won: "Even planned inhumane scenarios"
The special counsel investigating the insurrection case sought life imprisonment for former Defense Minister Kim Yong-hyun, who was indicted on charges of engaging in key duties in the insurrection. Park said of the former minister, "As the head of the Presidential Security Service and the defense minister, the defendant moved as one with defendant Yoon Suk-yeol from the conspiracy stage to the execution stage," adding, "He was not a mere participant but someone who dominated and controlled the overall crime, occupying a position no different from the ringleader."
Park continued, "In the insurrection, (the former minister) was a key figure who, together with defendant Yoon Suk-yeol, planned and led the crime and designed and operated the execution structure of mobilizing the military; his responsibility is extremely grave and there are no extenuating circumstances whatsoever."
The special counsel investigating the insurrection case sought 30 years in prison for former Defense Intelligence Command chief Noh Sang-won. Park said, "He, together with defendant Kim Yong-hyun, took the lead in planning and designing the insurrection," adding, "He even planned extreme and inhumane scenarios, such as sequentially rounding people up under the pretext of emergency martial law, detaining some in facilities, and disposing of others by blowing them up at sea."
For former Korean National Police Agency Commissioner General Cho Ji-ho, 20 years in prison was sought. Park said, "Despite recognizing the unconstitutional and unlawful substance of the emergency martial law, he did not stop it and participated in the core execution of the insurrection, including sealing off the National Assembly, assisting in the arrests of politicians, and deploying police to the election commission."
In addition, the special counsel for the insurrection requested the court to sentence former Military Police Commander Kim Yong-gun to 10 years, former Seoul Metropolitan Police Agency Commissioner General Kim Bong-sik to 15 years, former National Assembly security chief Mok Hyun-tae to 12 years, and former investigative planning coordinator Yoon Seung-young to 10 years.