Former Defense Minister Kim Yonghyun Denies Guilt in Second Trial Over 'Classified Phone Delivery' Charges

"Not Guilty Verdict Should Be Rendered Due to Lack of Proof of Crime"
"Special Prosecutor Manipulates Public Opinion to Stoke Insurrection Accusations"

The legal team representing former Minister of National Defense Kim Yonghyun, who was indicted on charges of delivering a secure mobile phone (classified phone) to the commander of the Defense Security Command just before the 12·3 Martial Law Declaration, also denied the accusations during the appellate trial.

Former Minister of National Defense Yonghyun Kim is speaking as a witness at the 4th hearing of the impeachment trial of President Yoon Seok-youl held at the Constitutional Court in Jongno-gu, Seoul on January 23 last year. Photo by Yonhap News Agency

On August 11, at the first appellate hearing for charges of obstruction of official duties by deception and incitement to destroy evidence, held at the Seoul High Court Criminal Division 12-2 (Presiding Judges Cho Jin-goo, Kim Mina, and Lee Seungcheol), Kim’s defense maintained the same argument as at the first trial: "Due to the lack of proof of the alleged crime, a not guilty verdict should be rendered."

Specifically, they argued, "There was no regulation prohibiting the issuance of secure phones to civilians, and it has not been proven that former Minister Kim intended to hand the secure phone to the former commander No."

Regarding the charge that former Minister Kim instructed civilian Yang, who served as his personal secretary, to destroy all documents related to martial law after the state of emergency declaration, the defense stated, "Since Yang did not have any intent to destroy evidence, the charge of incitement against Kim cannot be established either."

The special prosecutor team led by Cho Eunseok was also criticized for allegedly infringing on Kim's right to defense as a defendant. The defense asserted, "The special prosecutor manipulates public opinion in all cases, including this one, to stoke accusations of insurrection and to brand (the defendant) with such an image."

Former Minister Kim also addressed the court directly, saying, "I am devastated by the conduct of the special prosecutor, who branded me a liar, and by the original verdict. I make it clear that there was no deception or falsehood whatsoever during the course of this case."

The special prosecutor’s team, on the other hand, argued that the three-year prison sentence handed down in the first trial was too lenient and requested the court to sentence Kim to five years in prison, the same term previously sought. The team contended, "The defendant delivered a secure phone to the unqualified former commander No, causing serious damage to the state’s classified communication system, and destroyed the most crucial evidence in uncovering the substance of the insurrection case."

They also emphasized unfavorable factors such as Kim's seven requests for recusal of the trial judges during the first trial, which delayed proceedings, and his exploitation of the courtroom as a platform for political statements.

The court will hold the next hearing for witness examination and related proceedings at 2:00 p.m. on September 1.

Previously, the first trial found Kim guilty on all charges and sentenced him to three years in prison this past May.

This content was produced with the assistance of AI translation services.