The special counsel investigating the insurrection case sought 18 years in prison for former Army Special Warfare Command 707th Special Mission Unit Director General Kim Hyun-tae, who was indicted on charges including participating in the blockade of the National Assembly during the Dec. 3 martial law.
The Seoul Central District Court Criminal Agreement Division 37-2 (presiding judge Oh Chang-seop, Director General) held the first-instance sentencing hearing on the 28th for former Director General Kim and military commanders, who were brought to trial on charges including engaging in important duties related to the insurrection.
The special counsel asked the court to sentence former Director General Kim to 18 years in prison. The special counsel believes that former Director General Kim smashed the National Assembly's glass windows and went inside, then carried out roles including arresting lawmakers and cutting power to the assembly hall.
Regarding former Director General Kim's actions, the special counsel said, "This was something unprecedented in Korea's constitutional history, which no dictator or soldier in the past dared to carry out."
Former 1st Airborne Brigade of Korea's Special Warfare Command commander Lee Sang-hyun, who was brought to trial alongside former Director General Kim, was sought 15 years in prison. Lee, the former brigade commander, is accused of leading troops and taking part in the National Assembly blockade during martial law.
Park Heon-su, former chief of the Ministry of National Defense Investigation Headquarters, who was involved in operating arrest teams for politicians, was sought 10 years in prison, and former Defense Counterintelligence Command Counterintelligence Investigation Unit commander Kim Dae-woo was sought 12 years.
Go Dong-hee, former planning director at the Intelligence Command, who took part in plans to occupy the National Election Commission and arrest its staff, was sought 10 years in prison, while former Central Newspaper Unit Director General Kim Bong-gyu and former 100th Brigade 2nd Business Unit Director General Jeong Seong-uk were each sought 12 years.
The special counsel viewed that they believed the insurrection, which began in the wake of martial law, could succeed and therefore carried out the tasks each was assigned. It added that, because of this, state troops were mobilized for private purposes and the work of key constitutional institutions, including the National Assembly and the National Election Commission, became difficult.
It also pointed out that they mechanically followed their superiors' orders. Specifically, it said, "This can be compared to the case of a 'field captain' who led enforcers and committed violence under the instructions of a gang boss."
It continued, "The insurrection in this case threatened the very existence of Korea," adding, "Stern punishment is the minimum legal measure to protect the democratic constitutional order and restore trust in the criminal justice process."
They were initially tried in a Court-martial as active-duty soldiers. They were later dismissed or discharged for involvement in martial law and became civilians. At the special counsel's request, the case was transferred to the Seoul Central District Court in January.