South Korea's special counsel team again asked the Seoul High Court to impose the death penalty on former President Yoon Suk Yeol, arguing that the life sentence handed down at his first trial was too lenient. The request came during the appellate proceedings over Yoon's insurrection case.
The team characterized Yoon's December 3, 2024 declaration of martial law as a self-coup by a sitting president aimed at overturning the constitutional order. It told the court there was no reason to hesitate to impose capital punishment given the nature of the offense alleged and the authority Yoon held at the time.
- Court
- Seoul High Court
- Case
- Appeal in former President Yoon Suk Yeol's insurrection trial
- Sentence under appeal
- Life imprisonment
- Sentence requested
- Death penalty
The trial court had considered several mitigating factors, including its finding that the martial-law operation did not appear to have been meticulously prepared, ended within a short period and involved limited use of physical force. The special counsel disputed that reasoning, saying the operation stopped because citizens resisted, military and police personnel carried out orders passively, and the National Assembly demanded that martial law be lifted.
The dispute over the trial court's mitigating findings
Prosecutors also challenged the lower court's decision to treat Yoon's public-service record, including his career as a prosecutor, as a mitigating factor. They argued instead that his legal knowledge and the authority accumulated through those positions were used in committing the offense.
The special counsel further contended that the trial court interpreted the preparation and purpose of the insurrection too narrowly and applied Supreme Court precedent only partially. Yoon was indicted while detained in January 2025, and the first court found that deploying troops to the National Assembly constituted an uprising intended to subvert the constitutional order.
The appellate court's concluding proceedings include final arguments from Yoon's defense and Yoon's own final statement. The judges are expected to set the sentencing date after those steps are completed.