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SEOUL – In a landmark decision, a South Korean court sentenced former President Yoon Suk Yeol to a five-year prison term on Friday. This verdict is the first of eight criminal trials linked to the martial law controversy that led to his removal from office, among other charges.
Yoon faced impeachment, arrest, and dismissal following his brief declaration of martial law in December 2024, which sparked massive public demonstrations demanding his resignation.
The most serious accusation against Yoon is that his enforcement of martial law constituted an act of rebellion. The independent counsel has called for the death penalty in this case, with a final decision expected next month.
In the ruling delivered on Friday, the Seoul Central District Court found Yoon guilty of resisting arrest, fabricating the martial law declaration, and bypassing the required full Cabinet meeting.
Yoon has consistently argued that he did not intend for the military rule to be prolonged, claiming the decree was simply to alert the public about potential obstructions from the liberal-controlled parliament. However, investigators interpreted his actions as an attempt to consolidate his power, charging him with rebellion, abuse of power, and additional offenses.
Judge Baek Dae-hyun said in the televised ruling that imposing “a grave punishment” was necessary because Yoon hasn’t shown remorse and has only repeated “hard-to-comprehend excuses.” The judge also restoring legal systems damaged by Yoon’s action was necessary.
Yoon, who can appeal the ruling, hasn’t immediately publicly responded to the ruling. But when the independent counsel demanded a 10-year prison term in the case, Yoon’s defense team accused them of being politically driven and lacking legal grounds to demand such “an excessive” sentence.
Prison sentences in the multiple, smaller trials Yoon faces would matter if he is spared the death penalty or life imprisonment at the rebellion trial.
Park SungBae, a lawyer who specializes in criminal law, said there is little chance the court would decide Yoon should face the death penalty in the rebellion case. He said the court will likely issue a life sentence or a sentence of 30 years or more in prison.
South Korea has maintained a de facto moratorium on executions since 1997 and courts rarely hand down death sentences. Park said the court would take into account that Yoon’s decree didn’t cause casualties and didn’t last long, although Yoon hasn’t shown genuine remorse for his action.
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