▲ Former Army Special Warfare Command 707 Special Mission Group Commander Kim Hyun-tae answers questions from reporters before attending the first-instance sentencing trial related to charges of engaging in important missions of insurrection held at the Seoul Central District Court in Seocho-gu, Seoul, on August 27.
The legal counsel for Kim Hyun-tae, former commander of the Army Special Warfare Command's 707 Special Mission Group (colonel)—who was sentenced to prison in the first instance and taken into legal custody for his involvement in blockading and infiltrating the National Assembly during the December 3 emergency martial law—has appealed the injustice of his detention and requested the court for his immediate release.
Kim's attorney made the remarks during a bail hearing presided over by Criminal Division 12-2 of the Seoul High Court (Presiding Judges Cho Jin-goo, Minah, and Lee Seung-chul) on the 12th.
The defense argued that there was illegality in the process by which Kim's first-instance case, initially handled by a military court, was transferred to the Seoul Central District Court and subsequently assigned to Criminal Settlement Division 37-2, a court dedicated to insurrection cases.
The attorney also stated that since an application has been filed for a constitutional review regarding the very formation of the dedicated insurrection trial division, he should be tried without detention until a related decision is reached.
Furthermore, the defense criticized, "This case fundamentally presumes whether the president's declaration of emergency martial law actually constitutes insurrection, and the appeal trial for the charge of insurrection ringleader is still ongoing. Nevertheless, hastily sentencing the defendant to guilty and taking him into legal custody is improper."
Given the opportunity to speak directly, Kim appealed, "The truth is known to all citizens, and I believe many public officials, including soldiers and police officers, have become political scapegoats. Please deliver a verdict without regret before truth and justice."
In response, the Special Prosecutor Team for Insurrection, led by Cho Eun-seok, countered, "The defendant is currently in custody after being sentenced to 12 years in prison for engaging in important missions of insurrection, and that fact alone provides no grounds for bail."
The special prosecutor team added, "As he is contesting the establishment of facts and evidence while pleading not guilty, there is a motive to destroy evidence."
Kim was sentenced to 12 years in prison in the first instance and taken into legal custody after being found guilty of charges of engaging in important missions of insurrection for entering the National Assembly with his unit members during the martial law to blockade and control access to the main assembly building.
A bail hearing for Mok Hyun-tae, former chief of the Seoul Metropolitan Police Agency's National Assembly Security Guard who was also sentenced to prison in the first instance on similar charges, was held on the same day.
During the hearing conducted by Criminal Division 12-1 of the Seoul High Court (Presiding Judges Lee Seung-chul, Cho Jin-goo, and Minah), Mok's defense attorney appealed for bail, stating that the defendant had voluntarily submitted numerous pieces of evidence, was not heavily contesting the factual charges, had a fixed residence, and faced no risk of fleeing.
The court stated, "We will review the matter as soon as possible and make a decision on the bail request."
Mok was sentenced to 3 years in prison in the first instance and taken into legal custody on charges of engaging in important missions of insurrection and abuse of power for instructing on-duty members of the National Assembly Security Guard after the declaration of emergency martial law to bar all civilians, including lawmakers, from entering the National Assembly.
(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.