The special counsel for insurrection appealed the first-instance ruling on insurrection charges related to the Dec. 3 martial law crisis, challenging the verdict against former President Yoon Suk-yeol and other defendants. Yoon was sentenced to life imprisonment at the first trial.
On the 25th, the special counsel said it filed an appeal in the case against eight people, including Yoon, as leaders of the insurrection, citing misapprehension of facts, misinterpretation of law, and unfair sentencing.
Earlier, on the 23rd, the special counsel held a meeting at its office in the Seoul High Prosecutors' Office, analyzed the first-instance written judgment, and discussed whether to appeal, the targets, and the grounds. At the time, many at the meeting reportedly found it difficult to accept the court's conclusion that the decision to declare martial law was made on Dec. 1, 2024.
The 25th Criminal Division of the Seoul Central District Court (presiding judge Jee Kui-youn) sentenced former President Yoon to life imprisonment at the first-instance sentencing hearing on the charge of leading an insurrection.
The court found that the Dec. 3 martial law constituted insurrection under the Criminal Act. The court said that, in principle, the president's declaration of martial law itself, as an exercise of constitutional authority, does not immediately amount to the crime of insurrection and is generally not subject to judicial review; however, if the purpose of the declaration was to infringe on the essential functions of the National Assembly or the executive and judiciary, the crime of insurrection could be established.
However, regarding the circumstances of the declaration, the court largely rejected the special counsel's allegation that former President Yoon and former Minister of National Defense Kim Yong-hyun had prepared for martial law before Oct. 2023. Instead, it found that two days before the declaration, on Dec. 1, Yoon firmed up the decision to declare martial law and entrusted the details to the former minister.
Yoon's side also filed a notice of appeal the day before. In a statement issued in the name of the legal team, Yoon's attorneys said, "We believe we have a responsibility to clearly record the problems with this decision not only in the court record but also before the record of history in the future," adding, "We will clarify the errors in fact-finding and misinterpretations of law in the first-instance judgment."
The special counsel also appealed, on the same grounds, the first-instance rulings against other defendants, including former Minister of National Defense Kim Yong-hyun, who was indicted alongside former President Yoon on insurrection charges.
In the first instance, former Minister Kim, who was indicted on charges including engaging in important tasks for an insurrection, was sentenced to 30 years in prison, and former Defense Intelligence Command chief Noh Sang-won was sentenced to 18 years. Former Korean National Police Agency Commissioner General Cho Ji-ho was sentenced to 12 years, former Seoul Metropolitan Police Agency Commissioner General Kim Bong-shik to 10 years, and former Seoul Metropolitan Police Agency National Assembly Guard chief Mok Hyun-tae to 3 years.
By contrast, former 3rd Army Command military police chief (colonel) Kim Yong-gun, who was indicted for conspiring in advance to impose martial law with former commander Noh, and Yoon Seung-young, former Korean National Police Agency National Office of Investigation (NOI) investigation planning and coordination officer, who was indicted for taking part in operating an arrest team for politicians, were acquitted.
All defendants who were convicted also filed notices of appeal, sending the case to the appellate court for review.