The Supreme Court is set to hear the appeal of former President Yoon Suk Yeol and his wife, Kim Geon-hee, after their sentences were increased in the appeals court.
According to legal sources on May 10, the Supreme Court is expected to begin proceedings for the couple's appeal case soon.
On May 6, the Supreme Court received the records of Yoon's case regarding allegations of obstructing the Corruption Investigation Office's arrest. The formal assignment of the case to a designated panel and presiding justice has not yet occurred.
The case involves five allegations against Yoon, including violations of the right to deliberate and vote on martial law by cabinet members, the post-facto creation and destruction of martial law declarations, issuing false public announcements after declaring martial law, instructing the deletion of classified phone records, and obstructing the execution of arrest warrants.
This is the first criminal appeal trial for Yoon related to the martial law situation, and it is the 'first case' handled by the dedicated insurrection trial division established at the Seoul High Court.
Yoon was previously indicted on charges of obstructing special public duties and abusing his authority, and on January 16, he was sentenced to five years in prison in the first trial, prompting an appeal.
On April 29, the appeals court increased his sentence to seven years, adding two years to the original term.
The appeals court reversed the first trial's not guilty verdict on charges of false advertising against foreign media (abuse of authority) and violations of the deliberation rights of the ministers of Land, Infrastructure and Transport, and Trade, Industry and Energy, as well as allegations of instructing the overseas publicity secretary to issue false information.
Kim Geon-hee, who has been indicted on charges related to stock manipulation and receiving money from the Unification Church, is also preparing for her appeal.
Initially, the first trial found her not guilty of violating capital market laws and political funding laws related to a 'free opinion poll' involving Nam Tae-kyun, while partially convicting her of soliciting bribes under the specific crimes aggravated law related to the Unification Church, resulting in a sentence of one year and eight months.
On April 28, the appeals court more than doubled her sentence to four years.
The appeals court determined that Kim was a 'co-offender' in the stock manipulation case and interpreted the timing of the stock manipulation offenses in relation to the statute of limitations differently than the first trial.
While the first trial did not find her complicit with the stock manipulation group, the appeals court concluded that she had participated knowingly and as a co-conspirator.
Additionally, the appeals court divided the trading periods into three phases: the first (October 2010 to January 2011), the second (March 30, 2011), and the third (July to August 2012). Unlike the first trial, which ruled that the first and second phases were barred by the statute of limitations, the appeals court viewed these as a single crime (continuing offense) and deemed them punishable.
The appeal trial will focus on legal interpretations where the first and second trials diverged, as it is a legal review rather than a factual one. Key issues in Kim's case will include the conspiracy in stock manipulation, the recognition of continuing offenses, and the application of the statute of limitations. In Yoon's case, attention will be on the establishment of abuse of authority and the interpretation of martial law-related authority.
There is also interest in whether the Supreme Court will meet the three-month ruling deadline stipulated in the special investigation law. According to the law, the deadline for Kim's case is July 28, and for Yoon's case, it is July 29. However, since these are not mandatory provisions, there may be a focus on careful deliberation over speed.
* This article has been translated by AI.
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