In the appeal trial, the special counsel for insurrection sought a 10 million won fine for former President Yoon Suk-yeol, who was indicted on charges of perjury in former Prime Minister Han Duck-soo's insurrection trial and was acquitted in the first trial.
On Aug. 19, at the Seoul High Court's Criminal Division 1 (Presiding Judge Yoon Sung-sik, senior judge), during the final hearing in the appeal of former President Yoon's perjury case, the special counsel said, "We ask the court to overturn the acquittal in the first trial and sentence a 10 million won fine and order immediate payment."
In the first trial, the special counsel sought a two-year prison term for the former president, but in the appeal trial lowered the request to a fine.
The special counsel explained, "The defendant was sentenced to life in prison in the first trial on charges of being the ringleader of an insurrection and to 30 years in the first trial on charges of general aiding the enemy, both now on appeal, and received a finalized seven-year sentence for obstruction of special official duties, among other charges," adding, "Given the purposes of punishment and the effectiveness of execution, we determined that an effective penalty would be a fine."
The former president is accused of appearing as a witness on Nov. 19 last year at the trial of former Prime Minister Han on charges including engaging in key duties related to insurrection, and giving testimony contrary to memory about the process of convening the Cabinet meeting at the time of the Dec. 3 proclamation of martial law.
When the court asked the former president whether he had intended from the outset to call the necessary members for the Cabinet meeting, the former president answered to the effect, "Yes. Because the proclamation of martial law would be made known to the world, I also knew that a Cabinet meeting was of course necessary."
The special counsel believes the former president initially had no intention of holding a Cabinet meeting and called only six Cabinet members, then, after receiving a recommendation from former Prime Minister Han, additionally convened Cabinet members, including former Deputy Prime Minister for the Economy and Minister of the Ministry of Economy and Finance Choi Sang-mok, to meet the quorum. The special counsel's view is that the former president's testimony—that he had contemplated holding a Cabinet meeting even before Han's recommendation—is testimony contrary to memory and therefore false.
However, in May, the first trial acquitted the former president. Perjury is established when a witness testifies to facts contrary to their memory, and the court found it possible that, regardless of Han's recommendation, the former president had planned from the outset to additionally convene Cabinet members.
The first trial court determined it was difficult to conclude that the former president's testimony in court was contrary to memory and that the perjury charge had not been proven beyond a reasonable doubt. The special counsel appealed, sending the case to the second trial for review.