Yoon returned to his official residence in Hannam-dong after some 52 days of detention at a remand prison in Uiwang, Gyeonggi Province, as prosecutors decided not to appeal a court's order the previous day to cancel his arrest on charges of insurrection and abuse of power over the debacle after about 28 hours of contemplation.
Earlier in the week, the Seoul Central District Court ordered Yoon's release, citing the "invalid" timing of his indictment as it came after the expiration of his detention period.
Given differing views on whether detention periods should be calculated in days or hours, the court also raised questions about the legality and validity of the investigative procedures in the case, pointing out that the Corruption Investigation Office for High-ranking Officials (CIO), which was established to ensure fair and independent probes by separating investigation and prosecution, had consulted with prosecutors to detain him, despite the two being independent investigative agencies.
It further elaborated that it is a rule of law to interpret a case in the most favorable way for a defendant when there is room for disputes over its legality and procedural propriety.
The CIO, which is not entitled to prosecute a suspect, has been scrutinized for its incompetence as well as its lack of clear legal provisions and authority in conducting investigations, as it was hastily established under the previous administration.
Shortly after Yoon's release, hundreds of thousands of protesters, both for and against Yoon, gathered once again in central Seoul, paralyzing weekend traffic.
They have held large-scale rallies for months since Yoon's abrupt Dec. 3 declaration of martial law, with tensions expected to culminate just ahead of the impending verdict on Yoon's impeachment, further deepening rifts and conflicts between them.
But a court official said, "Since the hearings for Yoon's impeachment trial concluded last month with only the final verdict remaining, the latest development is unlikely to have any impact."
The court typically announces the date for the final verdict two or three days in advance, with many expecting it to be imminent, although there remains a possibility that the court might require more time for deliberation following Yoon's sudden release.
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