Kim Yong-hyun, Noh Sang-won and Others Sentenced to Prison for Performing Important Duties in Connection with Insurrection

According to Financial News, five former senior military and police officials, including former Minister of National Defense Kim Yong-hyun, who were found guilty at first instance of performing important duties in connection with insurrection, have each been sentenced to prison terms ranging from 30 years to 3 years. The court held that, after the proclamation of martial law, actions taken to suspend the functions of the National Assembly constituted the crime of insurrection aimed at disrupting the constitutional order under the Criminal Act, and that the defendants were aware they were at least conditionally participating in such acts.
On the 19th, the Seoul Central District Court Criminal Division 25, presided over by Judge Ji Gui-yeon, sentenced former Minister of National Defense Kim Yong-hyun (30 years), former Commander of the Defense Intelligence Command Noh Sang-won (18 years), former Commissioner General of the Korean National Police Agency Jo Jiho (12 years), former Commissioner of the Seoul Metropolitan Police Agency Kim Bong-sik (10 years), and former head of the National Assembly Security Unit Mok Hyun-tae (3 years) to prison on charges of performing important duties in connection with insurrection.
Judge Ji Gui-yeon stated, "What crime could there be for the countless military and police personnel?" However, the judge continued, "Soldiers, police officers, and public officials who carried out measures pursuant to the proclamation of martial law in accordance with the instructions or involvement of the defendant, former President of South Korea Yoon Suk Yeol, must be condemned and held legally responsible."
The court found that former Minister Kim and other key military and police officials, as well as the head of the National Assembly Security Unit who restricted lawmakers' access to the National Assembly on the day martial law was declared, acted with the awareness that they were seeking to suspend the functions of the National Assembly, thereby disrupting the constitutional order. On this basis, it ruled that the charge of performing important duties in connection with insurrection was proven.
Former Minister Kim, who was responsible for sending armed soldiers to the National Assembly, received a 30-year prison sentence. Judge Ji noted, "Former Minister Kim also played a role in encouraging former President Yoon Suk Yeol's proclamation of martial law," and found that the allegation that he ordered troops to be deployed to the National Assembly, the National Election Commission (NEC), polling organizations and others, and the Democratic Party of Korea was substantiated.
The court also found that former Commander Noh Sang-won jointly devised a detailed plan related to martial law with former Minister Kim and drew personnel from the Defense Intelligence Command into it. Although former Commissioner General Jo Jiho and former Seoul police commissioner Kim Bong-sik only learned on the day itself that troops would be sent to the National Assembly, the court held that they still committed the offense of performing important duties in connection with insurrection by blocking access to the National Assembly for the Speaker and other lawmakers. Former head of the National Assembly Security Unit Mok Hyun-tae was likewise found guilty for failing to fulfill his duty to protect the National Assembly and instead restricting lawmakers' access in compliance with orders from higher-ups.
By contrast, the court acquitted former head of the investigation unit at the Ministry of National Defense of the Republic of Korea, reserve Army Colonel Kim Yong-goon, stating that "there is no evidence to prove that he joined former Commander Noh Sang-won's plan." It also acquitted former National Office of Investigation planning and coordination officer Seung Young Yoon of the Korean National Police Agency, ruling that "it is difficult to conclude that he cooperated, even if he knew of the Defense Counterintelligence Command's plans to arrest key politicians."
Meanwhile, the special prosecutor team had sought the death penalty for former President Yoon and life imprisonment for former Minister Kim. It requested 30 years for former Commander Noh, 20 and 15 years respectively for former Commissioner General Jo and former Seoul police commissioner Kim, and 12 years for former head of the National Assembly Security Unit Mok. On the same day, the court sentenced former President Yoon to life imprisonment, applying the charge of being a "ringleader of insurrection."
hwlee@fnnews.com Reporter Lee Hwan-joo Reporter