'Leader of Insurrection' Yoon's appeal trial resumes after a month; special prosecutor seeks death sentence

[Financial News] The appellate trial in the insurrection case involving former President Yoon Suk Yeol and former Defense Minister Kim Yong-hyun resumed after a month. The court proceedings, which had been suspended after Yoon, Kim and others filed a motion to disqualify the bench, restarted after the motion was finally rejected.
Criminal Division 12-1 of the Seoul High Court, the panel dedicated to insurrection cases, held an appellate hearing for Yoon, who is accused of leading an insurrection, on the 25th. Yoon, who filed the disqualification motion, attended the hearing along with former Defense Minister Kim, former Commander of the Defense Intelligence Command Noh Sang-won, and Kim Yong-gun, former chief of the military police of the Third Field Army Command.
The trial had been suspended after the four men filed the motion to disqualify the appellate panel before and after the first hearing on the 14th of last month.
Yoon's side argued that Criminal Division 12-1 had effectively recognized Yoon's insurrection-leader charge as guilty when it previously found former Prime Minister Han Duck-soo guilty of participating in important duties related to insurrection. The Supreme Court of Korea finally dismissed the disqualification motion on the 12th.
The Special Prosecutor's Office for Insurrection said the life sentence handed down at first instance was too lenient and asked the court to impose the death penalty, the same sentence it had sought in the first trial. It also requested life imprisonment for former Minister Kim and 30 years in prison for former Commander Noh, matching the sentences sought at the first trial.
In the first trial, they were sentenced to 30 years in prison and 18 years in prison, respectively. The special prosecution team argued that the trial court made an error by failing to recognize the credibility of key evidence, including former Commander Noh's memo outlining the timing and purpose of preparations for the emergency martial law.
It also pointed out that the lower court's conclusion that an emergency martial law that did not meet legal requirements could not amount to rebellion was a mistaken interpretation that runs counter to Supreme Court Grand Bench precedent.
After hearing the special prosecutor's grounds for appeal, Yoon's and Kim's sides demanded, "Since the appeal brief includes matters that were not written in the grounds for appeal, give us a chance to respond." The panel summarized, "If there is anything you need to state additionally in response to the special prosecutor's explanation of the grounds for appeal, we will give you an opportunity to do so."
Yoon is accused of conspiring with former Defense Minister Kim Yong-hyun and others to declare an unconstitutional and unlawful emergency martial law, even though the legal requirements were not met, and of inciting an uprising for the purpose of undermining the constitutional order. He is also accused of mobilizing the military and police to block the National Assembly, thereby obstructing a vote to lift martial law, and of attempting to arrest and detain key figures including Speaker of the National Assembly Woo Won-shik, then Democratic Party of Korea leader Lee Jae-myung, former People Power Party leader Han Dong-hoon, and staff members of the National Election Commission (NEC).

theknight@fnnews.com Jung Kyung-soo Reporter