Yoon Suk-yeol, Kim Yong-hyun, Jo Ji-ho, Kim Bong-sik [Yonhap News Photo]

The appellate trial for former President Yoon Suk-yeol's charge of seditious conspiracy related to the December 3rd martial law declaration began on the 27th, 67 days after he was sentenced to life imprisonment in the first trial.

The appellate court stated that it would quickly reach a conclusion on the request for a constitutional review of the "Martial Law Trial Act" filed by former Defense Minister Kim Yong-hyun's legal team, and Kim's team countered that they would file a constitutional complaint if the request is denied.

The Criminal Division 12-1 (Judges Lee Seung-cheol, Cho Jin-gu, Kim Min-ah) of the Seoul High Court, which is handling the martial law cases, held the first preparatory hearing for former President Yoon's seditious conspiracy appeal.

At the start of the hearing, the court announced that it had recently received a request for a constitutional review of the "Act on Special Cases Concerning Criminal Procedures for Crimes of Rebellion, Foreign Invasion, and Sedition" (Martial Law Trial Act) from Kim Yong-hyun's legal team.

The court stated, "The preparatory hearing proceeded as scheduled for procedural consultation," adding, "A decision on the constitutional review request will be made shortly."

A constitutional review request is a system where a court requests the Constitutional Court to review the constitutionality of a law when its constitutionality is a prerequisite for a trial. Parties can file a constitutional complaint if their request is denied or dismissed.

In response, Kim Yong-hyun's lawyer stated, "It is self-contradictory for the court to judge the issue of its own composition," and added, "If it is denied, we will file a constitutional complaint."

Defendants are not required to attend preparatory hearings, and former President Yoon did not appear in court today.

Among the defendants, only Yoon Seung-young, former Director of the National Investigation Headquarters of the National Police Agency, and Mok Hyun-tae, former head of the National Assembly Security Division of the Seoul Metropolitan Police Agency, were present.

The special prosecutor's team and the defense counsel's team deliberated on future evidence plans and engaged in arguments regarding the admission of testimony related to the so-called "Noh Sang-won's notebook."

Previously, the special prosecutor's team argued that the state of emergency martial law was planned before October 2023, based on the notebook of Noh Sang-won, former commander of the Army Intelligence Command. However, the first trial deemed the credibility of the notebook's contents to be low.

A representative of the special prosecutor's team announced today, "We will request the summoning of witnesses, including the prosecutor from the Supreme Prosecutors' Office who appraised the notebook, to prove the timing of the planning and preparation for the December 3rd state of emergency martial law."

In response, Kim Yong-hyun's lawyer requested the denial of witness admission, stating, "It is questionable how credible the testimony will be when a person under the influence of the special prosecutor's office testifies differently from the appraisal results," and that the witness "has difficulty in having their evidentiary value recognized."

The court announced that it would continue the preparatory hearing on the 7th of next month to specify the order and method of evidence examination. To this end, it requested both parties to provide concrete explanations for the necessity of evidence examination.

Former President Yoon is accused of instigating a rebellion by declaring a state of emergency martial law on December 3rd in collusion with former Minister Kim Yong-hyun and others, with the aim of subverting the constitution.

The first trial, which acknowledged most of former President Yoon's charges, sentenced him to life imprisonment. Former Minister Kim Yong-hyun, who was charged with participating in important roles in the rebellion, was sentenced to 30 years in prison, and former Commander Noh Sang-won received 18 years.

Jo Ji-ho, former Chief of the National Police Agency, was sentenced to 12 years in prison, Kim Bong-sik, former head of the Seoul Metropolitan Police Agency, to 10 years, and Mok Hyun-tae, former head of the National Assembly Security Division, to 3 years.

Kim Yong-gun, former commander of the 3rd Corps of the Army's Military Police (Colonel), and Yoon Seung-young, former Director of Investigation Planning and Coordination, were acquitted due to insufficient evidence to prove their collusion in the rebellion.