▲ Kwon Chang-young, the 2nd Comprehensive Special Prosecutor who has investigated remaining suspicions following the three independent counsels, announces the final investigation results at the special counsel team's office in Gwacheon on August 24. (Photo: Yonhap News)
The 2nd Comprehensive Independent Counsel Team led by Kwon Chang-young has faced criticism from the court once again for a flawed indictment during the trial of People Power Party lawmakers accused of obstructing the arrest of former President Yoon Suk Yeol.
The 35th Criminal Settlement Division of the Seoul Central District Court (Presiding Judge Baek Daehyun) raised its voice to reprimand the comprehensive independent counsel team during the second trial preparation hearing today (the 5th) regarding charges of special obstruction of official duties against People Power Party lawmakers Na Kyung-won, Kim Kihyun, Yoon Sang-hyun, and Kwon Young-jin.
This came after the independent counsel team failed to sufficiently state necessary details while applying for an amendment to the indictment.
The independent counsel team initially indicted lawmakers including Na Kyung-won as sole perpetrators, but on October 30 submitted an application to amend the indictment to include allegations that they conspired with "unidentified supporters."
The court asked, "Your stance has changed from the last trial. What is the reason for applying to amend the indictment after initially indicting them as sole principals?"
In response, the independent counsel team stated that during the previous trial, they received questions regarding the indictment while inadequately prepared and thus stated it was a sole principal indictment, but in reality, it was correct to indict them as joint principals.
The independent counsel team added, "Stating it was a 'sole principal' last time meant that the four defendants did not conspire with each other in advance but individually participated in the crime, and looking at the indictment, the fact that the defendants were indicted as joint principals can be sufficiently understood."
To this, the court pointed out, "The word 'conspiracy' was absent from the initial indictment, and there is no mention in the amended indictment of how the defendants conspired with unidentified supporters."
At this point, a defense attorney for lawmaker Yoon Sang-hyun protested, saying, "The amended indictment makes it look as though the defendants tacitly conspired with supporters, but there are also parts written as if the defendants conspired in advance to obstruct the arrest via KakaoTalk. It needs to be clear so we can exercise our right to defense."
The court then noted, "The amended indictment does not contain the content that they 'tacitly conspired.' Is it your intention that the court and defense counsel, having received the indictment, should figure it out and interpret it on their own?"
When the independent counsel team replied that it was meant as "conspiracy by implicit intent," the court raised its voice and asked, "If you say they tacitly conspired, you should write that word down. Why aren't you?"
After reprimanding them by asking, "Isn't it your intention for the court to interpret it on its own? Is that a proper indictment? Aren't criminal facts a crucial element? Why omit all those parts?", the court announced, "We will look into this part at the next hearing."
Having concluded today's trial preparation procedures, the court decided to hold the first formal trial on the morning of December 10.
Defendants are required to attend formal trials.
The comprehensive independent counsel team received a reprimand of a similar nature from the court during the first trial preparation hearing held on October 13 as well.
Lawmaker Na Kyung-won and others were indicted on charges of forming a human wall alongside supporters of former President Yoon in front of the presidential residence on January 15 of last year, thereby obstructing the execution of arrest warrants issued by the Corruption Investigation Office for High-Ranking Officials and the police against former President Yoon.
(Photo: Yonhap News)
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