In the appeal trial, Cho Tae-yong, a former director of the National Intelligence Service who was indicted on charges of perjury at the National Assembly and the Constitutional Court in connection with the circumstances during the Dec. 3 martial law, was sentenced to two years and six months in prison. That is one year more than the first-instance sentence.
The Seoul High Court Criminal Division 6-3 (Judges Min Dal-gi, Kim Jong-woo, and Park Jeong-je) on the 19th sentenced the former director, who was indicted on charges including dereliction of duty, violation of the National Intelligence Service Act, violation of the Act on Testimony and Appraisal at the National Assembly, and destruction of evidence, to two years and six months in prison and a suspension of qualifications for two years and six months.
Unlike the first trial, the appellate court found part of the key charge—violation of the National Intelligence Service (NIS) Act—guilty. It determined that the former director's remarks in interviews after the martial law that "the president never ordered the arrest of politicians," and his text messages to National Intelligence Service (NIS) and Ministry of Foreign Affairs employees stating that "former First Deputy Director Hong Jang-won's claim is not true," constituted a violation of the NIS Act.
The appellate court said, "It is unavoidable to conclude there was a political motive and purpose to block the impeachment of former President Yoon Suk-yeol."
As in the first trial, the court did not recognize the dereliction of duty charge that the former director, despite being briefed by former First Deputy Director Hong Jang-won that former President Yoon Suk-yeol and others were mobilizing the military to seal off the National Assembly and arbitrarily arrest politicians during the martial law, failed to report it to the National Assembly.
The court explained the reasons for sentencing, saying, "The defendant submitted false official documents to the National Assembly and committed perjury at the National Assembly and the Constitutional Court, acts that could hinder the National Assembly's investigation and the Constitutional Court's deliberation and determination on the president's impeachment."