Special Prosecutor's Office charges Noh Sang-won with conspiracy to commit murder for rebellion

Remained uncooperative despite suggestion of reduced sentence for assisting investigation… First suspect interrogation yesterday

Former ROK Army Intelligence Commander Noh Sang-won heading to escort vehicle (Seoul=Yonhap News) Reporter Seo Dae-yeon = Noh Sang-won, former commander of the ROK Army Intelligence Command, who was arrested on charges of involvement in the planning of the 'December 3 Emergency Martial Law,' is being transferred to the prosecution from the Seoul Western Police Station in Eunpyeong-gu, Seoul, on the morning of the 24th. 2024.12.24 dwise@yna.co.kr

The special prosecutor's team led by Cho Eun-seok, which is investigating allegations of rebellion and foreign exchange related to the December 3 Emergency Martial Law, has booked former ROK Army Intelligence Commander Noh Sang-won as a suspect for conspiracy to commit murder for rebellion.

According to legal circles on the 20th, the special prosecutor's team summoned and interrogated the former commander, who is currently imprisoned after being arrested and indicted on charges of engaging in important duties for rebellion, as a suspect for conspiracy to commit murder for rebellion yesterday.

This marks the first time the special prosecutor's team, launched after the prosecution's special investigation headquarters arrested and indicted former Commander Noh, has interrogated him as a suspect.

It is reported that the special prosecutor's team, after the recent amendment to the special prosecution law included a provision for 'mandatory reduction of sentence for those who confess and assist in investigations,' had suggested a reduced sentence to former Commander Noh, who was summoned and interrogated as a witness, if he actively provided statements regarding the contents of his notebook.

Despite this, former Commander Noh has reportedly maintained an uncooperative attitude throughout the investigations concerning the contents of his notebook.

Consequently, it is understood that the special prosecutor's team has converted Noh's charges to conspiracy to commit murder for rebellion among the alleged offenses for which he was reported.

It is reported that the special prosecutor's team determined that, based on the Supreme Court's 1997 precedent regarding the rebellion charges against the new military regimes of Chun Doo-hwan and Roh Tae-woo, it could apply the charge of conspiracy to commit murder separately from the charges already filed against former Commander Noh.

The Supreme Court precedent at the time stipulated that rebellion differs from murder for rebellion in that rebellion uses 'riot' as a means with the objective of subverting the constitution, while murder for rebellion uses 'murder' as a means.

Furthermore, while murder committed individually during the course of a rebellion, accompanying a riot, is absorbed into the act of rebellion and does not constitute a separate crime, it was ruled that if the murder of a specific individual was intentionally carried out, it would not be absorbed into the act of rebellion and would constitute a separate crime of murder for rebellion.

Previously, Noh's notebook, seized by the police, specified key politicians and progressive figures as 'targets for collection' and detailed 'disposal plans' for them, such as 'shot on the GOP (General Outpost) line,' 'at sea,' 'on uninhabited islands like Yeonpyeong-do,' and 'north of the civilian control line.' Yonhap News