The first appellate trial for former Minister of National Defense Kim Yong-hyun, who was sentenced to prison in the first trial on charges of delivering a secure phone to former Defense Intelligence Command Chief Roh Sang-won just before the declaration of emergency martial law, takes place today (August 11).

The 12-2 Criminal Division of the Seoul High Court (Senior High Court Judges Cho Jin-goo, Kim Min-ah, and Lee Seung-chul) will hold the first appellate hearing at 2:00 PM for Kim on charges of obstruction of performance of official duties by fraudulent means and instigation of destruction of evidence.

Kim is accused of deceiving the Presidential Security Service to obtain a secure phone on December 2, 2024, the day before the declaration of martial law, and handing it over to former Commander Roh.

Investigations showed that former Commander Roh used the secure phone while acting as the head of the "No. 2 Investigation Unit," tasked with investigating allegations of electoral fraud during the martial law period.

Kim is also charged with instructing a civilian named Yang, who served as his aide, to destroy all documents related to martial law on December 5 of the same year, following the martial law incident.

In May, the first trial recognized all charges as guilty and sentenced him to three years in prison.

This was two years less than the five-year prison sentence demanded by the special prosecutor team led by Cho Eun-seok for the investigation of the insurrection.

The legal team for former Minister Kim appealed two days after the sentencing, arguing that "the special prosecutor team dramatized only a portion of the case, making an unlawful indictment."

At 4:00 PM on the same day, the 12-3 Criminal Division of the same court (High Court Judges Kim Min-ah, Lee Seung-chul, and Cho Jin-goo) will hold the first appellate preparation hearing for a separate case in which Kim was indicted on charges of leaking a military intelligence list to former Commander Roh to form the electoral fraud investigation unit.

Kim is accused of conspiring with then-Defense Intelligence Commander Moon Sang-ho, Central News Unit Commander Kim Bong-gyu, and 100th Brigade 2nd Project Unit Commander Jung Sung-wook between October and November 2024 to deliver a list of about 40 personnel, including Defense Intelligence Command special mission agents (HID), to former Defense Intelligence Commander Roh.

In June, the first trial also found these charges guilty and sentenced him to three years in prison.

The court emphasized the gravity of the crime, stating, "This offense was one of the driving forces that allowed the declaration of emergency martial law, which lacked any substantive requirements, to take place."

Kim's legal team protested and appealed, calling it "a flawed ruling that makes the entire performance of military duties punishable to the regime's liking."

Former Minister Kim has also been indicted on charges of engaging in key duties of an insurrection related to the December 3 emergency martial law incident, as well as general aiding of the enemy regarding the "Pyongyang drone operation." He was sentenced to 30 years in prison for each in the first trials and is currently undergoing appellate proceedings.