Kim Yong-hyun, the former Minister of National Defense, who was sentenced to three years in prison for delivering a secure phone to former Army Intelligence Commander Noh Sang-won under false pretenses, asserted his innocence during the first hearing of his appeal. The Special Prosecutor's team for insurrection, led by Cho Eun-seok, stated that the original sentence was too lenient.
The 12-2 Criminal Division of the Seoul High Court (Judges Jo Jin-goo, Kim Min-a, and Lee Seung-cheol) held the first hearing of Kim's appeal on August 11, addressing the charges of obstruction of public duty and evidence destruction. The hearing involved listening to both sides' arguments and rebuttals.
The prosecution argued that given the defendant's position, the seriousness of the offenses, and the circumstances following the crimes, the three-year sentence was insufficient. They emphasized that the delivery of the secure phone to Noh, who was not authorized to receive it, resulted in significant harm to the national security system, particularly during a state of emergency.
Regarding the evidence destruction charge, the prosecution claimed, "This is a crime that jeopardizes the existence of the state and undermines democratic order. It is incomparable to any other crime and has made it difficult to ascertain the facts."
In contrast, Kim's defense team completely denied the allegations. They argued that the initial court's decision, which concluded that the secure phone was provided to a civilian with the intent to conceal its purpose, was incorrect.
The defense maintained that there was no misunderstanding or confusion on the part of the responsible officials. They asserted that Kim Seong-hoon, the former deputy chief of the Presidential Security Service, believed Kim Yong-hyun understood the purpose of the secure phone and did not inquire further. They added that Kim Seong-hoon had confirmed with the operational staff that the phone could be provided.
The defense also challenged the evidence destruction charge, claiming that Yang, who destroyed documents and devices after the state of emergency was declared, did so without intent. They argued that Yang viewed the actions as routine security measures and that if he had believed the documents would serve as evidence in a criminal case, he would not have acted as he did.
The prosecution countered, stating, "After former President Yoon Suk-yeol declared a state of emergency, there was significant public interest, and investigations into the facts and accountability of key individuals were ongoing. Kim Yong-hyun was in a situation where he could potentially be a target of the investigation, and Yang intentionally destroyed evidence."
Kim Yong-hyun expressed his dismay at being labeled a liar by the original court and the special prosecutor. He stated, "I did not unilaterally request the secure phone; I inquired with the security service about its availability. I want to clarify that the delivery occurred after I received confirmation that it could be provided." He also urged the court to ensure that no disadvantages befall the security service personnel and his colleagues who are fulfilling their duties.
The court plans to hold another hearing on September 1 at 2 p.m. for witness examinations.
Kim Yong-hyun was indicted for delivering the secure phone to Noh Sang-won on December 2, 2024, the day before the state of emergency was declared, and for instructing Yang, who served as his secretary, to destroy documents related to the emergency. The original court found him guilty on all charges and sentenced him to three years in prison.
* This article has been translated by AI.
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