Former President Yoon Suk-yeol and former Minister of National Defense Kim Yong-hyun, who were brought to trial on charges of ordering drones into Pyongyang, North Korea, to create a pretext for declaring the Dec. 3 martial law, were each sentenced to 30 years in prison in their first trial.
The Criminal Agreement Division 36 of the Seoul Central District Court (Presiding Judge Lee Jeong-yeop, senior judge) on the 12th sentenced former President Yoon to 30 years in prison on charges of general aid to the enemy and abuse of authority to interfere with the exercise of rights. The charge of general aid to the enemy alleges acts that harm Korea's military interests or benefit an enemy state.
The former Minister Kim was also sentenced to 30 years in prison. In addition to general aid to the enemy, Kim faced charges including obstruction of official duties by deception and issuing and reporting false orders. Yeo In-hyeong, former commander of the Defense Counterintelligence Command, was sentenced to 15 years in prison for general aid to the enemy and abuse of authority to interfere with the exercise of rights. Kim Yong-dae, former commander of the Drone Operations Command, who was charged with inciting the destruction of military property and leaking military discipline, was sentenced to three years in prison, suspended for five years.
The sentence handed down to former President Yoon matches the 30-year prison term sought by the special counsel investigating the insurrection case. Former Minister Kim received a heavier sentence than the 25-year prison term that had been sought.
The court found former President Yoon, former Minister Kim, and former Commander Yeo guilty of all counts of general aid to the enemy. It concluded they sought to provoke a military response from North Korea by conducting a drone insertion operation into Pyongyang around Oct. 2024 and intended to use that as a pretext to declare martial law.
The court determined the operation was not a legitimate military operation. The court said, "This operation was carried out by former Minister Kim at a time when North Korea was not floating filth balloons," adding, "It is recognized as an operation to create conditions for declaring martial law, and it cannot be regarded as a legitimate military operation."
The court also found that actual, realized military damage is not required for the general aid to the enemy charge to stand. The court explained, "The general aid to the enemy charge can be sufficiently established by the mere occurrence of risk of infringement and does not require actual infringement," adding, "By obstructing military power that would be deployed immediately in an emergency, military interests were infringed, and military secrets were exposed to North Korea."
The court also found former President Yoon and others guilty of abuse of authority. It found they used the command authority of the president and the Minister of National Defense to have service members carry out an unlawful operation. The court noted, "They tried to deliberately create a national emergency," and added, "In a national emergency, powers granted to the president as needed were instead used to deliberately create an emergency for the purpose of martial law."
In sentencing, the court weighed heavily that a military operation was used for private purposes. The court found that, outwardly, the operation was carried out under the orders of former Minister Kim, so service members such as former Commander Kim, who actually executed the operation, could not have known the true purpose was to create conditions for martial law. It added, "They used service members for private purposes."
The court also concluded that without former President Yoon's approval, former Minister Kim would have had difficulty attempting the operation. It made clear that the fact North Korea did not actually carry out a provocation could not be considered a favorable sentencing factor.
The legal teams for former President Yoon and former Minister Kim expressed their intention to appeal immediately after the sentencing. Bae Ui-cheol, former President Yoon's attorney, said, "Korea's security has been thoroughly shattered by the judiciary," adding, "Through an appeal, we will firmly set right the truth and justice and protect the security of the national interest."
Former Minister Kim's defense team also said, "The party that benefits from this ruling is the Kim Jong-un regime," adding, "We will appeal and fight against the wrongful ruling." The special counsel said it would decide its response after confirming whether the defendants appeal.