Former President Yoon Suk-yeol, indicted on charges of perjury in the insurrection trial of former Prime Minister Han Duck-soo, was found not guilty on appeal.
The Seoul High Court's Criminal Division 1, presided over by Judge Yoon Sung-sik, upheld the acquittal on the 16th, reaching the same conclusion as the lower court.
Yoon appeared as a witness in November last year at the first trial of Han, who faced charges of playing a key role in an insurrection. Asked by the court whether he had thought from the outset that the officials needed for a Cabinet meeting should be summoned, Yoon replied: "Yes. Because the declaration of martial law was going to be announced to the entire world, I naturally knew a Cabinet meeting was necessary."
The team of special counsel Cho Eun-suk, investigating the insurrection case, filed the additional perjury charge, arguing that Yoon made the statement despite having had no plan to convene a Cabinet meeting in the first place. The special counsel concluded that Yoon initially summoned only six Cabinet members and moved to call in more only after Han's recommendation, in order to meet the quorum.
The appeals court, however, stressed that a criminal conviction requires proof so strict as to leave no reasonable doubt.
"A guilty finding in a criminal trial must rest on evidence strict enough to leave no room for reasonable doubt," the court said. "If the evidence submitted by the prosecution falls short of that conviction, the court must decide in the defendant's favor, even if the defendant's claims and explanations are unconvincing and suspicion of guilt remains."
Like the lower court, the appeals court found it difficult to conclude that Yoon's statement was a false account contrary to his memory.
"The lower court's acquittal was justified in holding that testimony about a plan to summon additional members after the meeting at the presidential office attended by six people, including Han Duck-soo, Kim Yong-hyun and Park Sung-jae, cannot be regarded as a false statement contrary to memory," the court said, dismissing the prosecution's appeal.
