Former President Yoon Suk-yeol was sentenced at first instance to five years in prison on charges including obstructing an arrest and infringing Cabinet members' deliberation rights. The court said Yoon "abused the overwhelming influence he held as president."
The Seoul Central District Court Criminal Division 35 (Presiding Judge Baek Dae-hyun, Director General) on the 16th sentenced former President Yoon, who was indicted and detained on charges including obstructing the performance of special official duties and abuse of power to interfere with the exercise of rights, to five years in prison. The sentencing was broadcast live on TV and other channels after the court approved a relay request from broadcasters.
Regarding the conditions and procedures for declaring martial law, the court said, "Martial law must be implemented only in extremely exceptional situations where there are no other means or methods to overcome a national crisis." It added on the deliberation for declaring martial law, "Compared with an ordinary Cabinet meeting, the opinions of all Cabinet members must be heeded more and handled with greater caution."
The court found Yoon guilty of mobilizing Presidential Security Service staff on Jan. 3 last year to obstruct the execution of an arrest warrant by the Corruption Investigation Office for High-ranking Officials.
It also found him guilty of notifying only some Cabinet members to convene the meeting to create the appearance of a Cabinet session during the process of the Dec. 3 martial law declaration, thereby infringing the martial law deliberation rights of Cabinet members who could not attend. On this point, the court noted that Yoon "unconstitutionally notified only some Cabinet members to convene the meeting, in an unprecedented manner, directly violating the Constitution."
In addition, it ruled guilty on the charge of drafting a proclamation as if martial law had been carried out under a document signed by former Prime Minister Han Duck-soo and former Minister of the Ministry of National Defense Kim Yong-hyun after the lifting of martial law, and then shredding and discarding it.
By contrast, the court acquitted him on the charge of ordering the dissemination, on the day martial law was lifted, of a PG (press guidance; the government's position for media responses) to foreign media that contained false information to the effect that "there was not the slightest intention to destroy the constitutional order."
On sentencing factors, the court found that Yoon used Presidential Security Service officials during the investigation to block the lawful execution of a warrant or attempted to destroy evidence. It said, "For personal safety and private gain, he effectively turned officials belonging to the Presidential Security Service into private soldiers," adding, "the nature of the crime is very bad." It also said Yoon "has consistently offered implausible excuses and shown no attitude of reflecting on his wrongdoing."
The court also said there is a need "to rectify the rule of law damaged by the defendant, who was president." However, it said it considered favorable circumstances such as the fact that this was a first offense with no prior criminal record, and explained that for some acts, such as drafting and discarding the proclamation, "it is hard to say he actively led the crime."
In addition to this case, Yoon has been indicted a total of seven times by prosecutors and by the three special counsel probes into insurrection, Kim Keon-hee, and a Marine's death in the line of duty, and is on trial in each. In the case considered the "main line" related to martial law—charges of being the leader of an insurrection—the first-instance verdict is scheduled for Feb. 19, and the special counsel team sought the death penalty at the sentencing hearing on Jan. 13.