Former Minister of the Interior and Safety Lee Sang-min, indicted on charges including conveying orders to cut power and water to media outlets during the Dec. 3 martial law, was sentenced to seven years in prison in the first trial. The court found Lee guilty of engaging in important duties in the insurrection and of perjury before the Constitutional Court, while acquitting him of abuse of power to obstruct the exercise of rights.
The Seoul Central District Court Criminal Division 32 (Presiding Judge Ryu Kyung-jin, senior judge) on the day sentenced the former Minister to seven years in prison on charges including engaging in important duties in the insurrection.
After determining that the Dec. 3 martial law constituted an insurrection under the Criminal Act, the court found that on the day of the martial law the former Minister received instructions from former President Yoon Suk-yeol regarding the blockade of key institutions and measures to cut power and water to media outlets, conveyed them to then National Fire Agency Commissioner Heo Seok-gon, and sought cooperation, thereby engaging in important duties in the insurrection.
The court determined there was intent and a purpose of subverting the constitutional order, citing the former Minister's legal career and status as a high-ranking public official, and circumstances showing awareness of the National Assembly situation from a phone call with the Korean National Police Agency commissioner immediately before directing cooperation on power and water cuts. It also explained that Lee could hardly be exempt from culpability even if the power and water cut measures were not actually carried out.
The court also found Lee guilty of perjury, concluding as false his testimony in the Constitutional Court's impeachment trial last February that he had never issued orders to cut power and water and had never received such instructions.
However, the court acquitted Lee of abuse of power to obstruct the exercise of rights on the allegation that he forced the National Fire Agency commissioner to perform a duty not required by law. The court explained that, considering factors such as frontline fire stations' immediate response posture and whether actual orders were issued through the firefighting command line, the elements of the offense were not sufficiently met.
Regarding sentencing, the court said it considered the constitutional duties of high-ranking public officials. It said mitigating factors included the lack of clear evidence of conspiracy or preparation before the declaration of martial law, that the act toward the National Fire Agency was limited to a single phone call, and that the power and water cut measures were not actually implemented.
At the closing argument, the special counsel investigating the insurrection case sought a 15-year prison term for the former Minister. After the sentencing, the special counsel and the defendant can seek review by a higher court by filing an appeal within the appeal period.