It is not likely that Yoon could face the death penalty if he declares himself guilty of preparing the coup d’etat with the declaration of martial law last year.
The former president of South Korea, Yoon Suk Yeol, has denied insurrection charges when his criminal trial was opened.
The expelled leader argued in the Central District Court of Seoul on Monday that his declaration of martial law at the end of last year “was not a coup d’etat.” If you are guilty of insurrection, Yoon could be sentenced to life imprisonment or collect a death sentence.
Yoon was formally stripped of a position earlier this month after being promoted and suspended by legislators on the Marcial Law Declaration of December 3.
Prosecutors opened their case by arguing that Yoon lacked legal motives to declare martial law and accused him of dealing with paralysis of state institutions such as Parliament.
“The defendant … made it impossible for constitutional institutions to exercise their authority based on an illegal statement,” said the Prosecutor’s Office.
Yoon, who was the main prosecutor of the country before becoming president, spent 40 minutes refuting the accusations.
“Marcial law is not a coup d’etat,” said the former president. He added that he had no intention of paralyzing the country, but that martial law was necessary to alert people about the actions of the majority opposition party.
He said the opposition had been taking the government by accusing more than 20 officials, which saw as a dangerous threshold.
“This was a” martial law ‘for the nation … I knew that this martial law would end up in noon, one day, “said Yoon.
Althegh had communicated this intention of then the Minister of National Defense Kim Yong-Hyun, the military officers who carried out the order seemed to have exceeded it because they are accustomed to training for the martial law under different guidelines, said Yoon.
The declaration of the martial law, which cited the need to eradicate “antistatal” elements, rose six hours later after parliamentary employees used barricades and fire extinguishers to avoid special operations that the tripes voted to reject.
The Court will listen to testimonies of testimonies of two military officers called by the prosecutors, including an officer who affirms that the main commanders instructed him “to drag the legislators gathered in the National Assembly to lift the martial law.” Yoon has denied this accusation.
Experts say that Yoon’s criminal trial is likely to be legitimate.
“The first verdict is likely to be delivered around August, but the case involves around 70,000 pages of evidence and numerous witnesses. Therefore, if the court considers it necessary, the trial can be extended clarification.
If he declares himself guilty, Yoon would be the third president of South Korea to be declared guilty of insurrection, after two military leaders in relation to a coup d’etat of 1979.
Although death could kill, it is very unlikely that a sentence will be made since South Korea has had an unofficial moratorium in executions since 1997.