▲ Former President Yoon Suk-yeol
The special counsel team led by Cho Eun-suk, investigating the insurrection, has appealed the appellate court's acquittal of former President Yoon Suk-yeol on charges of perjury related to the martial law Cabinet meeting.
The special counsel team submitted the appeal yesterday (September 22) to the Seoul High Court Criminal Division 1 (Presiding Judge Yoon Sung-sik), which handled the second trial.
Last November, during the insurrection trial of former Prime Minister Han Duck-soo, former President Yoon testified to the effect that, prior to Han's proposal on the day the December 3 emergency martial law was declared, he had already planned to hold a Cabinet meeting and additionally summon Cabinet members.
The special counsel team indicted Yoon, judging his testimony to be perjury on the grounds that Yoon, who initially had no plan to hold a Cabinet meeting, called only six Cabinet members and then additionally summoned others to meet the quorum after receiving a proposal from former Prime Minister Han.
Following the first-instance court's acquittal last May, the appellate court also sentenced former President Yoon to acquittal on September 16.
The court ruled that the statement in question could not be concluded as a false testimony contrary to his memory.
The court explained, "In light of the defendant's (Yoon Suk-yeol's) status and experience, it is difficult to view that he was unaware that deliberation by the Cabinet was required when declaring emergency martial law, and rather, it appears he would have sought to meet the minimum requirements for declaring emergency martial law."
It further stated, "Although the special counsel team argues that there was no plan for additional summons based on the fact that the summon times of the Cabinet members at the time differed from usual procedures, we cannot presume the defendant's inner intent at the time of the meeting and render a guilty verdict merely based on the circumstance that the appearance of the grand reception room during emergency martial law was unusual."