Former Prime Minister Han Duck-soo, who was sentenced to 23 years in prison by a lower court on charges including participation in key insurrection duties, had his sentence reduced to 15 years on appeal.
The Seoul High Court's Criminal Division 12-1 (presiding judge Lee Seung-cheol) on Monday overturned the original 23-year sentence and sentenced the former prime minister to 15 years in prison on charges including participation in key insurrection duties.
Han was indicted on charges of failing to prevent and abetting former President Yoon Suk-yeol's illegal declaration of emergency martial law in his capacity as prime minister and vice chairman of the Cabinet. He also faces charges of drafting and discarding a post-hoc martial law declaration to correct legal defects that had emerged in the initial declaration. In addition, he is charged with perjury for testifying at Yoon's impeachment trial that he had not been aware of the martial law declaration document.
The appellate court upheld most of the lower court's guilty findings, including participation in key insurrection duties and preparation of false official documents. However, unlike the lower court, it ruled not guilty on the portion involving attempts to obtain countersignatures from Cabinet members after the Cabinet meeting, as well as the perjury charge related to his testimony at Yoon's impeachment trial that he "had never seen former Defense Minister Kim Yong-hyun hand documents to former Interior Minister Lee Sang-min."
"Insurrection is a crime that endangers the existence of the state and directly infringes upon its basic order, and its nature and gravity cannot be compared to any other crime," the court said. "To block controversy over the legitimacy of the unconstitutional and illegal declaration of emergency martial law, the defendant gave it the appearance of Cabinet deliberation and discussed measures to cut power and water to media outlets, thereby participating in key insurrection duties."
"The defendant had directly experienced unconstitutional and illegal emergency martial law and insurrection situations in the 1970s and 1980s, and was well aware of the extensive damage and severity of social turmoil they caused," the court continued. "Nevertheless, he abandoned the grave responsibility that came with the authority and position entrusted to him and participated in the crime, and even committed subsequent acts to conceal his culpability."
The court added, however, that it "considered as favorable sentencing factors the fact that the former prime minister served the country for approximately 50 years in public office and did not conspire in advance or actively participate in the insurrection."
