On Thursday, the Seoul High Court upheld the two-year prison sentence for former Army Intelligence Commander Roh Sang-won, matching the verdict from his initial trial.
Roh was charged with obtaining personal information of intelligence officers to form a task force investigating alleged election fraud during the December 12 state of emergency.
Roh is the first among those indicted in the special investigation led by Special Prosecutor Cho Eun-seok to receive an appeals court verdict.
The court maintained the original sentence of two years in prison and ordered Roh to forfeit 24.9 million KRW (approximately 17,275 USD) for violating the Personal Information Protection Act and soliciting bribes under the Act on the Aggravated Punishment of Specific Economic Crimes.
The judges upheld all guilty verdicts from the lower court. They emphasized that the purpose of selecting agents for the second investigation team was to investigate the National Election Commission during the state of emergency.
The court stressed that declaring a state of emergency should only occur to restore constitutional order during wartime or national crises. They ruled that preparing for military mobilization and assigning specific missions without meeting the necessary requirements for such a declaration is unconstitutional and unlawful.
The judges affirmed that forming the task force as a preparatory action was also unconstitutional and unlawful, supporting the lower court’s decision.
They rejected arguments that the president’s declaration of a state of emergency is an executive act beyond judicial review. The court asserted that even high-level political decisions must comply with the Constitution and laws, and the judiciary can review such actions for constitutional and legal violations.
Regarding sentencing, the judges noted that Roh, as a retired civilian, attempted to influence military promotions by leveraging personal connections and accepted bribes, which reflects poorly on his character and does not warrant leniency.
They also criticized Roh for intending to form the task force in preparation for a state of emergency and unlawfully obtaining sensitive information about special agents. The court condemned his attitude of blaming junior officers and claiming their testimonies were false.
The judges determined that all sentencing factors were adequately considered in the first trial and dismissed both parties’ appeals. They noted that Roh is currently facing a separate trial for rebellion-related charges, which will receive its own legal evaluation soon.
Roh faces additional charges for allegedly obtaining military information to form the second investigation team aimed at probing election fraud.
He is also accused of soliciting bribes from military personnel by promising to help with promotions, receiving 20 million KRW (about 13,870 USD) in cash and gift certificates worth 6 million KRW (approximately 4,160 USD) from Colonel Kim Bong-kyu of the Army Intelligence Command and Brigadier General Gu Sam-hwa, commander of the 2nd Armored Brigade.
In December of last year, the initial trial sentenced Roh to two years in prison and ordered him to forfeit 24.9 million KRW (approximately 17,275 USD).
The first trial found Roh guilty of receiving military information to form the second investigation team probing election fraud and soliciting bribes from junior officers under the guise of assisting with promotions.
During the appeals court sentencing hearing, prosecutors sought a three-year prison term for Roh, matching their initial request, along with the forfeiture of 24.9 million KRW (approximately 17,275 USD).
Separately, Roh faces charges related to rebellion and is scheduled to receive a verdict in the first trial alongside former President Yoon Suk Yeol on February 19.
