The special counsel on insurrection appealed the parts of the appellate ruling for former President Yoon Suk-yeol, charged with obstruction of special official duties and other offenses, that found him not guilty on some counts.
The special counsel said on the 30th that it filed an appeal to the Supreme Court over the not-guilty portion on the charge of uttering a false official document in the appellate ruling in Yoon's case.
The Criminal Division 1 of the Seoul High Court (Presiding Judge Yoon Sung-sik) the previous day sentenced former President Yoon to seven years in prison on charges including obstruction of special official duties and abuse of power to obstruct the exercise of rights. The appellate panel found Yoon guilty on major charges including infringing Cabinet members' deliberative authority during the Dec. 3 emergency martial law, drafting and discarding a post-facto emergency martial law proclamation, creating and distributing false materials to foreign media, ordering the refusal to submit secure phone records, and obstructing the execution of the Corruption Investigation Office for High-ranking Officials (CIO)'s first and second arrest warrants.
However, as in the first trial, it found not guilty on the charge of uttering a false official document related to the post-facto emergency martial law proclamation. The rationale was that former Presidential Office Secretary for Aides Kang Ui-gu only drafted the proclamation and kept it in his office drawer, making it hard to see that it was publicly posted or actually used.
The special counsel said it needed to seek a Supreme Court ruling on this part. The special counsel argued, "The document is a historical record that records and proves whether the president's act under national law, the Dec. 3 emergency martial law, was proclaimed after prior Cabinet deliberation and through the departments of the relevant Cabinet members," adding, "It overlooked that keeping it in the Presidential Office itself constitutes a use consistent with the utility of a presidential record document."
The special counsel explained that a Supreme Court ruling is needed because former Prime Minister Han Duck-soo and former Deputy Minister Kang, named as accomplices, are also on trial for the same criminal facts.
In January, the first trial found former Prime Minister Han guilty of charges including engaging in important duties related to insurrection and sentenced him to 23 years in prison, but found him not guilty on the charge of uttering a false official document related to the post-facto emergency martial law proclamation. The appellate ruling for former Prime Minister Han will be delivered on the 7th of next month. The first-trial sentencing for former Deputy Minister Kang is scheduled for the 28th of next month.
The special counsel on insurrection appealed the parts of the appellate ruling for former President Yoon Suk-yeol, charged with obstruction of special official duties and other offenses, that found him not guilty on some counts.
The special counsel said on the 30th that it filed an appeal to the Supreme Court over the not-guilty portion on the charge of uttering a false official document in the appellate ruling in Yoon's case.
The Criminal Division 1 of the Seoul High Court (Presiding Judge Yoon Sung-sik) the previous day sentenced former President Yoon to seven years in prison on charges including obstruction of special official duties and abuse of power to obstruct the exercise of rights. The appellate panel found Yoon guilty on major charges including infringing Cabinet members' deliberative authority during the Dec. 3 emergency martial law, drafting and discarding a post-facto emergency martial law proclamation, creating and distributing false materials to foreign media, ordering the refusal to submit secure phone records, and obstructing the execution of the Corruption Investigation Office for High-ranking Officials (CIO)'s first and second arrest warrants.
However, as in the first trial, it found not guilty on the charge of uttering a false official document related to the post-facto emergency martial law proclamation. The rationale was that former Presidential Office Secretary for Aides Kang Ui-gu only drafted the proclamation and kept it in his office drawer, making it hard to see that it was publicly posted or actually used.
The special counsel on insurrection said it needed to seek a Supreme Court ruling on this part. The special counsel on insurrection argued, "The document is a historical record that records and proves whether the president's act under national law, the Dec. 3 emergency martial law, was proclaimed after prior Cabinet deliberation and through the departments of the relevant Cabinet members," adding, "It overlooked that keeping it in the Presidential Office itself constitutes a use consistent with the utility of a presidential record document."
The special counsel on insurrection explained that a Supreme Court ruling is needed because former Prime Minister Han Duck-soo and former Deputy Minister Kang, named as accomplices, are also on trial for the same criminal facts.
In January, the first trial found former Prime Minister Han guilty of charges including engaging in important duties related to insurrection and sentenced him to 23 years in prison, but found him not guilty on the charge of uttering a false official document related to the post-facto emergency martial law proclamation. The appellate ruling for former Prime Minister Han will be delivered on the 7th of next month. The first-trial sentencing for former Deputy Minister Kang is scheduled for the 28th of next month.