The appellate trial of former Prime Minister Han Duck-soo, who received a heavy sentence in the first trial for charges including abetting former President Yoon Suk-yeol's declaration of the "December 3 emergency martial law," is set to conclude.
According to legal circles on July 7, the 12-1 Criminal Division of the Seoul High Court (Presiding Judge Lee Seung-cheol) will hold the final hearing for Han, who was indicted on charges including engagement in key duties related to insurrection, starting at 2 p.m.
The hearing is expected to proceed in the following order: examination of the defendant, the sentencing request and final opinion from the insurrection special counsel (Special Counsel Cho Eun-seok), and final arguments from Han's defense team. The court is expected to set the sentencing date for the end of this month, in accordance with the Special Counsel Act's requirement to conclude appellate proceedings within three months. The first-trial verdict for Han was delivered on January 21 this year.
Han was indicted for failing to prevent and abetting former President Yoon's unlawful declaration of emergency martial law in his capacity as prime minister and vice chairman of the State Council. He also faces charges of drafting a retroactive martial law proclamation to remedy legal defects found in the original proclamation and subsequently destroying it. In addition, he is charged with committing perjury during Yoon's impeachment trial by claiming he was not aware of the martial law proclamation.
The first-trial court found Han guilty on most charges except the charge of exercising a falsified official document related to retaining the retroactive proclamation, sentencing him to 23 years in prison. This was eight years longer than the 15-year sentence sought by the special counsel. The court stated, "As prime minister, the defendant bore the duty to devote every effort to upholding and realizing the Constitution and the law." It added, "Nevertheless, believing that the December 3 insurrection could succeed, the defendant ultimately turned away from this duty and responsibility and chose to participate as a member of the insurrection." The court further emphasized, "When determining sentences for insurrection participants, the fact that damage was minor or that martial law lasted only a short time cannot be considered as mitigating factors."
Han's defense team maintains in the appellate trial, as in the first trial, that he attempted to dissuade former President Yoon at the time of the emergency martial law and that he never participated in the martial law with the purpose of subverting the constitutional order. Former Minister of the Interior and Safety Lee Sang-min, who appeared as a witness during the appellate proceedings, also testified that "former Prime Minister Han would have been the cabinet member who objected most strongly." However, legal observers forecast that a sentence reduction from the first trial is more likely than an acquittal. Attention is also on what sentence the special counsel will seek in the appellate trial, given that the first-trial court imposed a sentence exceeding the prosecution's original request.