Former Presidential Security Service Minister Park Jong-jun and former Vice Minister Kim Sung-hoon, who were brought to trial on charges of obstructing the execution of an arrest warrant for former President Yoon Suk-yeol, were sentenced to prison in the first trial and taken into custody in court. The court found that they mobilized the Presidential Security Service to block law enforcement's lawful execution of the warrant under Yoon's unlawful orders.
The Seoul Central District Court Criminal Agreement Division 26 (Presiding Judge Lee Hyun-kyung) on the 9th sentenced former Minister Park to four years in prison on charges including obstructing special official duties. Former Vice Minister Kim was sentenced to five years. Lee Kwang-woo, former chief of the security headquarters, who was indicted together, was sentenced to two years and six months, and Kim Shin, former head of the family protection division, was sentenced to one year with two years of probation.
Finding a risk of flight, the panel immediately remanded into custody former Minister Park, former Vice Minister Kim, and former headquarters chief Lee, who received prison terms. Former family protection division head Kim was not detained because the court gave a suspended sentence.
Former Minister Park and others were indicted on charges of blocking entry to the residence and more when the Corruption Investigation Office for High-ranking Officials (CIO), which was investigating former President Yoon on insurrection charges, attempted to execute an arrest warrant in January last year. The court found all of former Minister Park and others' charges of obstructing special official duties to be guilty.
The court also found guilty the charge applied to former Vice Minister Kim of violating the Presidential Security Act. Former Vice Minister Kim is accused of, under former President Yoon's orders, being involved in deleting secure phone information for three military commanders. A secure phone is a telephone equipped with security features to prevent call contents from being exposed externally.
The court said, "The defendants used Presidential Security Service officials, following Yoon Suk-yeol's unlawful orders, to block the lawful execution of a warrant by investigative authorities." It added, "This is a serious crime that used the organization and command structure of a state institution, the Presidential Security Service, to block the warrant's execution for an extended time."
The court found that their crimes interfered with the investigation and judicial proceedings involving the former president. The court said, "By systematically obstructing the investigation into Yoon Suk-yeol's insurrection crimes and the progress of judicial procedures, they hollowed out the function of the national legal order and posed a risk of physical clashes with officials, among other concerns. In light of the motives and results, the nature of the crime and the degree of blame are significant."
The court also apportioned responsibility by defendant. Regarding former Minister Park, it said, "As the person who directed and supervised the entire Presidential Security Service organization, he was the final responsible authority by rank," adding, "Even if there were orders from Yoon Suk-yeol, he should have refused them."
Regarding former Vice Minister Kim, it said, "He did not refuse Yoon Suk-yeol's unlawful orders and either directed that investigators not be able to see information on the secure phones or played the most proactive and hard-line role in the process of obstructing the execution of the arrest warrant." This explained why his sentence was heavier than former Minister Park's.
For former headquarters chief Lee, the court found some of the charges of obstructing special official duties to be guilty. However, it reflected in the sentence that it was difficult to find he conspired with the other defendants across the entire course of obstructing the execution of the arrest warrant.
The ruling is a first-trial finding that recognizes the criminal responsibility of the Presidential Security Service leadership involved in blocking the execution of the arrest warrant for the former president. The court found that the mere fact there were orders from the former president could not lessen the responsibility of the Presidential Security Service executives.