The special counsel investigating the insurrection case sought the maximum sentence allowed by law, the death penalty, for former President Yoon Suk-yeol, who was indicted as the ringleader of an insurrection. Aiming at the former president, the special counsel investigating the insurrection case said, "(Regarding the declaration of martial law) there has not been a single proper apology to the people," adding, "The defendant shows no remorse. There are no grounds for leniency, and rather a heavier sentence should be imposed."
On the 13th, at a sentencing hearing before the Criminal Agreement Division 25 of the Seoul Central District Court (presiding judge Jee Kui-youn), the special counsel investigating the insurrection case asked the court to sentence the former president to death.
◇ Yoon shows a faint smile at death penalty request… curses from the gallery
Special Counsel Park Eok-su said at about 9:35 p.m. that day, "Please sentence the defendant to death." Under the Criminal Act, the only statutory penalties for the crime of ringleader of insurrection are death, life imprisonment, and life penal servitude. Park said, "It is not appropriate to impose the minimum penalty among the statutory penalties. The only penalty that is not the minimum among the statutory penalties is 'death.'"
Previously, a person brought to trial for ringleader of insurrection was former President Chun Doo-hwan, who was indicted in connection with 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 the death sentence. On appeal, it was commuted to life imprisonment, which was finalized by the Supreme Court.
Although the penalties set by law are limited to death, life imprisonment, and life penal servitude, the court may reduce the sentence at its discretion if the defendant admits the crime and shows remorse or if the harm caused by the crime is not great. However, 10 years in prison is the minimum sentence.
When former President Chun Doo-hwan stood trial on the same charge 30 years ago, prosecutors sought the death penalty. Chun was indicted on charges including ringleader of insurrection in relation to the Dec. 12 military coup and the May 18 Gwangju pro-democracy uprising (after revision of the Criminal Act, ringleader of insurrection).
Previously, former President Yoon Suk-yeol, while studying at Seoul National University's law school, played the role of judge in a mock trial and sentenced former President Chun Doo-hwan to life imprisonment. That day, the special counsel said, "A stricter judgment than for Chun Doo-hwan and Roh Tae-woo is necessary," and sought the death penalty. When the death penalty was requested, the former president looked straight ahead and gave a faint smile. From the gallery came curses such as "crazy XX" and "bull****."
Criminal Courtroom 417 at the Seoul Central District Court, where the former president faced a death penalty request, is also where prosecutors sought the death penalty for former President Chun in 1996, 30 years ago. At that 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 defendant's seat and heard prosecutors' sentencing requests.
◇ Special counsel says the Dec. 3 martial law "has the character of anti-state activities regulated by the National Security Act"
The special counsel investigating the insurrection case also referred to the former president and others as an "anti-state force." Park said, "The series of acts (at the time of martial law) directly and essentially infringed on national security and the people's survival and freedom," adding, "It is reasonable to assess that they have the character of anti-state activities that the National Security Act is designed to regulate."
Park went on to say, "Armed soldiers' intrusion into the National Assembly and the National Election Commission, and attempts to cut power and water to media outlets, make this an unprecedented case in our constitutional history of grave destruction of the constitutional order by an 'anti-state force.'"
Explaining the grounds for the sentence request, Park said, "Across time and cultures, 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 that threatened the very existence of the Republic of Korea is the minimal step for protecting the constitutional order, ensuring trust in criminal justice procedures, and achieving justice."
Regarding the former president, Park said, "There are unconvincing claims such as 'warning-type or appeal-type martial law,'" adding, "By making it seem as if martial law was justified, he is inciting supporters and stoking social division and hostility among the people, provoking public anger." Park also said, "He is showing irresponsibility by shifting blame, such as by branding those who courageously testify truthfully as liars."
◇ To Kim Yong-hyun: "No different from the ringleader," to Noh Sang-won: "Planned even inhumane schemes"
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 an important mission in the insurrection. Park said of the former minister, "As chief of the Presidential Security Service and defense minister, the defendant moved as if one body with defendant Yoon Suk-yeol from the conspiracy stage to the execution stage," adding, "He was not a mere participant but someone who controlled and directed the overall crime, occupying a position no different from that of the ringleader."
Park continued, "(The former minister) was a key figure who, together with defendant Yoon Suk-yeol, planned and led the insurrection, designing and operating the execution structure of mobilizing the military; his responsibility is extremely grave and there are no extenuating circumstances to consider."
The special counsel investigating the insurrection case sought 30 years in prison for former Intelligence Command chief Noh Sang-won. Park said, "He, together with defendant Kim Yong-hyun, took a leading role in planning and designing the insurrection," adding, "He even planned extreme and inhumane schemes, such as sequentially rounding people up under the pretext of martial law, then detaining some in facilities and disposing of others by blowing them up at sea."
For former National Police Agency Commissioner General Cho Ji-ho, 20 years in prison was requested. Park said, "Even while recognizing the essence of unconstitutional and illegal martial law, he did not stop it and participated in the core execution processes of the insurrection, including blocking the National Assembly, assisting in the arrest of politicians, and deploying police to the National Election Commission."
In addition, the special counsel for the insurrection asked the court to sentence former Military Police Commander Kim Yong-gun to 10 years in prison, 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 and coordination officer Yoon Seung-young to 10 years.