The special prosecutor's team, led by Jo Eun-seok, has requested a five-year prison sentence for Kang Ui-goo, the former head of the presidential office's secretariat, who is charged with drafting a post-facto martial law declaration during the December 3 martial law period. This follows a previous sentence of one year and six months handed down by a lower court.
The Seoul High Court's Criminal Division 12-3, presided over by judges Kim Min-a, Lee Seung-cheol, and Jo Jin-goo, held the first hearing of Kang's appeal on July 21. The court listened to both sides' arguments and concluded the proceedings.
The special prosecutor's office argued that the initial sentence was too lenient and reiterated its request for a five-year term, claiming that Kang's actions involved factual misrepresentation, legal misunderstanding, and inappropriate sentencing.
They emphasized that Kang, who has over 30 years of experience as a prosecutor, should have recognized the unconstitutional and illegal nature of the martial law declaration, as he was involved in the entire process. They pointed out that he played a leading role in obtaining signatures from former Defense Minister Kim Yong-hyun, former Prime Minister Han Duck-soo, and former President Yoon Suk Yeol.
The prosecution stated, "This was not merely a case of document forgery for personal gain, but an act that obstructed accountability for the unconstitutional and illegal martial law, reflecting a serious moral failing."
Kang's defense attorney argued that the declaration cover created three days after the martial law was not a false official document and that there was no intent to make the martial law appear legitimate based on pre-signed documents, asserting that the initial ruling was unjust.
Kang Ui-goo expressed remorse during his final statement, saying, "In the serious situation of declaring martial law, I did not recognize the gravity and thought it was acceptable to obtain signatures afterward as a matter of practice. I apologize for causing public concern due to my lack of prudence."
He maintained, however, that he had no awareness of any falsehood, no intent to deceive, and no ulterior motive, asking the court for leniency given his remorse and reflection.
The court has scheduled its ruling for 11 a.m. on August 24.
Kang was indicted for allegedly creating the cover for the martial law declaration on December 6, 2024, and obtaining signatures from former President Yoon and others. The prosecution claims this was intended to make the martial law declaration appear legitimate, having gone through a cabinet meeting based on pre-signed documents.
In the previous ruling on May 28, the lower court sentenced Kang to one year and six months in prison and ordered his immediate detention. The court found him guilty of creating a false official document by obtaining signatures for the martial law declaration cover three days after it was announced, but acquitted him of charges related to the use of the false document.
The Seoul High Court's Criminal Division 12-3, presided over by judges Kim Min-a, Lee Seung-cheol, and Jo Jin-goo, held the first hearing of Kang's appeal on July 21. The court listened to both sides' arguments and concluded the proceedings.
The special prosecutor's office argued that the initial sentence was too lenient and reiterated its request for a five-year term, claiming that Kang's actions involved factual misrepresentation, legal misunderstanding, and inappropriate sentencing.
They emphasized that Kang, who has over 30 years of experience as a prosecutor, should have recognized the unconstitutional and illegal nature of the martial law declaration, as he was involved in the entire process. They pointed out that he played a leading role in obtaining signatures from former Defense Minister Kim Yong-hyun, former Prime Minister Han Duck-soo, and former President Yoon Suk Yeol.
The prosecution stated, "This was not merely a case of document forgery for personal gain, but an act that obstructed accountability for the unconstitutional and illegal martial law, reflecting a serious moral failing."
Kang's defense attorney argued that the declaration cover created three days after the martial law was not a false official document and that there was no intent to make the martial law appear legitimate based on pre-signed documents, asserting that the initial ruling was unjust.
Kang Ui-goo expressed remorse during his final statement, saying, "In the serious situation of declaring martial law, I did not recognize the gravity and thought it was acceptable to obtain signatures afterward as a matter of practice. I apologize for causing public concern due to my lack of prudence."
He maintained, however, that he had no awareness of any falsehood, no intent to deceive, and no ulterior motive, asking the court for leniency given his remorse and reflection.
The court has scheduled its ruling for 11 a.m. on August 24.
Kang was indicted for allegedly creating the cover for the martial law declaration on December 6, 2024, and obtaining signatures from former President Yoon and others. The prosecution claims this was intended to make the martial law declaration appear legitimate, having gone through a cabinet meeting based on pre-signed documents.
In the previous ruling on May 28, the lower court sentenced Kang to one year and six months in prison and ordered his immediate detention. The court found him guilty of creating a false official document by obtaining signatures for the martial law declaration cover three days after it was announced, but acquitted him of charges related to the use of the false document.
* This article has been translated by AI.
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