Former President Yoon Suk Yeol, who was indicted as the ringleader of an insurrection in connection with the Dec. 3 martial law episode, was sentenced at first instance to life in prison.

The Seoul Central District Court's Criminal Division 25, presided over by Judge Ji Gwi-yeon, sentenced Yoon to life in prison on Thursday at a sentencing hearing in the case over allegations that he was the ringleader of an insurrection.

The court said it was hard to deny that Yoon had an internal intention to prevent and paralyse National Assembly activity by sending troops to block the Assembly and arrest key politicians and others, so that the Assembly could not function properly for a significant period. It also found that he sent in the military and sparked a riot.

That means Yoon's actions met the requirements for insurrection under the Criminal Act, namely the purpose of disrupting the constitutional order and a riot.

The court said declaring martial law itself cannot immediately amount to insurrection, but if the purpose is to paralyse the functions of constitutional bodies, the crime of insurrection is established. It said the Dec. 3 martial law in this case amounted to insurrection. It also stressed that the core of the case was sending the military to the National Assembly.

On sentencing, the court said Yoon directly and proactively planned the crime and involved many people. It rebuked him, saying the martial law caused huge social costs and it was hard to find signs that the defendant had shown an intention to apologise for that.

It also pointed out that Yoon at times refused to appear in court without any particular reason.

The court said it took into account in sentencing that he did not appear to have made very meticulous plans, that he tried to restrain the exercise of force as much as possible, and that there were few cases to be found in which live ammunition was carried or direct physical force and violence were used.

It also cited as favourable sentencing factors that most of the plan ended in failure, that he has no criminal record, that he served as a public official for a long period, and that he is now 65 and relatively elderly.

Yoon was arrested and indicted on Jan. 26 last year on charges of conspiring with former Defence Minister Kim Yong-hyun and others to incite a riot with the aim of disrupting the constitutional order, including by declaring unconstitutional and illegal martial law even though there were no signs of war, an armed conflict or an equivalent national emergency.

He is also accused of mobilising martial law troops and police to seal off the National Assembly, thereby obstructing a vote to lift martial law, and of trying to arrest and detain key political figures including National Assembly Speaker Woo Won-shik and Democratic Party leader Lee Jae-myung at the time, as well as officials of the National Election Commission.

Former Defence Minister Kim was sentenced to 30 years in prison after being found guilty of the crime of performing important duties in an insurrection.

[Yonhap News Agency]