Yoon Suk Yeol, charged as the leader of an insurrection related to the declaration of martial law on December 3, faces a death penalty request in his appeal trial.
The special prosecutor's team, led by Jo Eun-seok, requested the Seoul High Court's Criminal Division 12-1 (Judges Lee Seung-cheol, Jo Jin-goo, and Kim Min-a) to impose the death penalty during the closing arguments on Yoon's case on October 29.
The prosecution also sought life sentences for former Defense Minister Kim Yong-hyun, a 30-year sentence for former Army Intelligence Commander Noh Sang-won, a 20-year sentence for former National Police Agency Commissioner Jo Ji-ho, a 15-year sentence for former Seoul Police Chief Kim Bong-sik, and 12 years for former National Assembly Security Chief Mok Hyun-tae. Former Third Army Corps Military Police Chief Kim Yong-gun and former National Police Agency Investigation Planning Coordinator Yoon Seung-young each faced 10-year sentences.
The special prosecutor stated, "The December 3 insurrection initiated by Yoon Suk Yeol has shattered all common sense and constitutional achievements," adding that "the commander-in-chief, who swore to uphold the Constitution, instead mobilized the military against the people." They described the insurrection led by an elected president as an "unforgivable crime against the Constitution" that shocked the entire nation and attempted to turn South Korea's clock back 40 years.
The prosecution noted, "While the first trial court made significant efforts to uncover the substantive truth, it failed to hold the defendants accountable in proportion to their actions." They criticized the Supreme Court for applying only half of the legal principles established and for narrowly defining the timing and purpose of the insurrection, resulting in excessively lenient sentences for the defendants.
They emphasized, "The most significant reason against the death penalty is the possibility of a wrongful conviction, but there is no room for that in this case." They argued that the practice of not executing death sentences should not be a reason to avoid imposing them and urged the court to deliver the harshest possible ruling to ensure that the people's resistance was not in vain and to prevent a second Yoon Suk Yeol from emerging.
Yoon is accused of inciting a rebellion by declaring an unconstitutional and illegal martial law without a national emergency, such as war or insurrection. He is also charged with obstructing the National Assembly's decision to lift the martial law by mobilizing military and police forces and attempting to arrest and detain key politicians and officials from the National Election Commission.
The court has indicated that it will conclude arguments over three hearings and will schedule a sentencing date after hearing the final statements from Yoon and the other defendants on November 3 and 5.
In the first trial, Yoon was found guilty of sending troops to the National Assembly with the intent to disrupt the constitutional order and incite a rebellion, resulting in a life sentence. Kim received a 30-year sentence, Noh was sentenced to 18 years, Jo to 12 years, and Kim to 10 years. Kim and Yoon were acquitted.
* This article has been translated by AI.
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