Noh Sang-won, former commander of the Defense Intelligence Command, who was indicted on charges of receiving personal data of agents belonging to the Defense Intelligence Command to form a "second investigation unit" after the Dec. 3 martial law, was sentenced to two years in prison on appeal.
The Criminal Division 3 of the Seoul High Court (Presiding Judge Lee Seung-han, presiding judge) on the 12th sentenced the former commander Noh, who was indicted on charges of violating the Personal Information Protection Act and taking a bribe in mediation under the Act on the Aggravated Punishment of Specific Crimes, to two years in prison and a forfeiture of 24.9 million won, the same as in the first trial.
The appellate court found that the act of setting and preparing troop mobilization and missions on the premise of declaring martial law took place without meeting constitutional requirements, and ruled that the formation of the investigation unit during that preparation process was also unconstitutional and illegal. It also rejected the former commander Noh's argument that the declaration of martial law is a highly political act and thus not subject to judicial review.
The court also dismissed claims to the effect that it was for the purpose of preparing for a "mass defection crisis" or that there was no intent because the information was merely passed along under orders. It also found Noh guilty of receiving cash and gift certificates from active-duty soldiers under the pretext of helping with promotions.
On sentencing, the court cited that Noh, as a discharged civilian, sought to interfere in military personnel matters and received money and valuables, and that he collected the personal details of special mission agents without authority. It also rejected the arguments of unjust sentencing raised respectively by the special counsel investigating the insurrection case and by the former commander Noh.
Separately, the former commander Noh is also on trial at the Seoul Central District Court Criminal Agreement Division 25 (Presiding Judge Jee Kui-youn, presiding judge) on charges including engaging in critical duties in an insurrection, and sentencing in that case is scheduled for the 19th.