The court affirmed all charges brought against Kim by the special prosecutor's office. It specifically noted that Kim's directive to destroy evidence made it difficult to uncover the truth surrounding the declaration of martial law. "The defendant (Kim Yong-hyun) committed the crime by exploiting his significant position as Defense Minister, and his actions through evidence tampering hindered the discovery of the substantive truth regarding the martial law declaration," the court stated.
The court also ruled against Kim's actions in delivering a secure phone to former Army Intelligence Commander Noh Sang-won, emphasizing that handling security equipment is a legitimate duty of the presidential security service. "Noh, at the time, was a civilian and had issues with his qualifications, yet the defendant deceived the security service into believing the phone was necessary for investigations," the court pointed out, indicating a clear intent to obstruct the security service's official duties.
Additionally, the court rejected Kim's defense team's claims of prosecutorial abuse of power, stating, "Considering the investigation period and the suspension of the investigation under the insurrection special prosecutor law, it cannot be concluded that the prosecution abused its power. While the charges may seem somewhat broad, this is unavoidable given the nature of the actions and does not impede the defendant's right to defense." The court also largely dismissed the defense's arguments against the admissibility of evidence collected during the search and seizure, recognizing it as lawful.
However, the court took into account that Kim had no prior criminal record at the time of the offenses, which was a mitigating factor in his sentencing.
Kim is accused of deceiving the presidential security service to deliver a secure phone to Noh on December 2, 2024, the day before the martial law was declared. According to the special prosecutor's investigation, Noh used the secure phone as the head of the 'Second Investigation Team,' which was formed immediately after the martial law was declared to investigate allegations of election fraud.
Furthermore, Kim is also charged with instructing his civilian secretary, Yang, to destroy key documents related to the martial law, including a public address and printed proclamations, two days after the martial law was declared on December 5.
This case marks the first indictment following the establishment of the special prosecutor's team led by Jo Eun-seok, which was formed shortly after Jo's appointment on June 12 of last year. The special prosecutor's office charged Kim with obstructing official duties and instructing evidence tampering just seven days after Jo's appointment.
* This article has been translated by AI.
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