[속보] 尹 내란 혐의 1심 무기징역 선고Former President Yoon Gets Life for Insurrection

[정승남세기영어교육연구회장]

[속보] 尹 내란 혐의 1심 무기징역 선고

[Breaking] Former President Yoon Gets Life for Insurrection

김용현 징역 30년·노상원 징역 18년

Kim, Yong-hyun is sentenced to 30 years in prison and Noh, Sang-Won 18 years in prison

Seoul Court Sentences Former President Yoon to Life in First Trial

서울중앙지방법원, 1심에서 윤석열 전 대통령에게 무기 징역형 선고

https://www.youtube.com/live/KqKrn6LWTEg?si=-YgZT69w1Mr_o5Ko

유희곤 기자 입력 2026.02.19. 16:03 조선일보

지귀연 서울중앙지법 부장판사가 19일 서울 서초구 서울중앙지법에서 열린 '12·3 비상계엄' 관련 윤석열 전 대통령 내란 우두머리 혐의 사건 1심 선고공판에서 판결문을 낭독하고 있다. /서울중앙지법

서울중앙지법 형사25부(재판장 지귀연)는 19일 ‘12·3 비상계엄’ 사태와 관련해 내란 우두머리 혐의를 받는 윤석열 전 대통령에게 1심에서 무기징역을 선고했다. 앞서 내란 특검은 지난달 13일 윤 전 대통령에게 사형을 구형했다.

The Seoul Central District Court’s Criminal Division 25 (Presiding Judge Jee Kui-youn) on the 19th sentenced former President Yoon Suk-yeol, accused of being the leader of the insurrection related to the ‘December 3 emergency martial law’ incident, to life imprisonment in the first trial. Earlier, the insurrection special counsel had sought the death penalty for former President Yoon on the 13th of last month.

김용현 전 국방부 장관에게는 징역 30년이 선고됐다. 노상원 전 정보사령관은 징역 18년, 조지호 전 경찰청장은 징역 12년, 김봉식 전 서울경찰청장은 징역 10년, 목현태 전 서울경찰청 국회경비대장에게는 징역 3년이 각각 선고됐다.

Former Defense Minister Kim Yong-hyun was sentenced to 30 years in prison. Former Intelligence Command Chief Noh Sang-won received 18 years, former National Police Agency Commissioner Cho Ji-ho 12 years, former Seoul Metropolitan Police Agency Commissioner Kim Bong-sik 10 years, and former Seoul Metropolitan Police Agency National Assembly Security Unit Commander Mok Hyun-tae 3 years in prison, respectively.

◇ “비상계엄 핵심은 군을 국회에 보낸 것”

◇ “Sending troops to the National Assembly was the core of the emergency martial law”

재판부는 특검이 적용한 윤 전 대통령의 내란 우두머리 혐의와 김용현 전 장관의 내란 중요 임무 종사 혐의를 인정했다. 지귀연 재판장은 윤 전 대통령 등이 비상계엄 선포 후 군을 국회에 보낸 게 “이번 사건의 핵심”이라면서 “국헌문란 목적이 인정된다”고 했다.

The court acknowledged the charges of insurrection leadership against former President Yoon and the charge of engaging in important tasks of insurrection against former Minister Kim Yong-hyun, as applied by the special counsel. Presiding Judge Jee Kui-youn stated that the act of sending troops to the National Assembly after declaring emergency martial law by former President Yoon and others was “the core of this case,” adding that “the purpose of disrupting the constitutional order is recognized.”

지 재판장은 윤 전 대통령이 군을 국회와 중앙선거관리위원회에 보낸 목적에 대해서는 “국회의장, 여야 당대표 등 주요 인사를 체포해 의원들이 토의하거나 (비상계엄 해제 결의안) 등을 의결하지 못하게 하려는 것”이라고 봤다. “국회 활동을 저지하거나 마비시켜서 국회가 그 기능을 하지 못하게 만들려는 목적이 있었다고 보기 충분하다”고 했다. “김용현 전 장관이 여인형 전 방첩사령관에게 체포대상 14명을 불러줬다”는 특검 주장도 사실이라고 인정했다.

Judge Jee viewed the purpose of former President Yoon sending troops to the National Assembly and the National Election Commission as “to arrest key figures such as the National Assembly Speaker and party leaders to prevent lawmakers from deliberating or passing resolutions to lift the emergency martial law.” He stated, “It is sufficient to conclude that the purpose was to obstruct or paralyze the National Assembly’s activities, rendering it unable to function.” The court also accepted the special counsel’s claim that “former Defense Minister Kim Yong-hyun provided a list of 14 individuals to be arrested to former Defense Counterintelligence Command Chief Yeo In-hyeong” as factual.

지 재판장은 “대통령도 국헌문란 목적의 내란죄를 저지를 수 있다”고 전제하고, 국회 권한을 침해했으면 내란죄에 해당한다고 봤다. “반국가세력이나 다름없게 돼 버린 국회에 대한 국가 위기 상황을 타개하고 자유민주주의 체제를 수호하기 위해 비상계엄을 선포했다”는 윤 전 대통령 측 주장에 대해서는 “명분과 목적을 혼동한 주장”이라고 지적했다. “성경을 읽는다는 이유로 촛불을 훔칠 순 없다”고도 했다.

Presiding Judge Jee presupposed that “even a president can commit the crime of insurrection for the purpose of disrupting the constitutional order” and ruled that if the National Assembly’s authority was infringed, it constitutes insurrection. Regarding former President Yoon’s side’s argument that “the emergency martial law was declared to resolve a national crisis caused by a National Assembly that has become no different from anti-state forces and to defend the liberal democratic system,” the judge pointed out, “This is a claim that confuses justification with purpose.” He also remarked, “One cannot steal a candle just because they are reading the Bible.”​

또한 법원은 12·3 비상계엄이 한 지역의 평온을 해칠 정도의 ‘폭동’이었다고 했다. 지 재판장은 “포고령, 국회봉쇄, 체포조 편성 및 운용, 중앙선거관리위원회 점거 및 서버 반출 등은 그 자체로 폭동 행위”라면서 “대한민국 전역, 그렇지 않더라도 국회와 선관위 등이 위치한 서울과 수도권 등의 평온을 해할 정도의 위력이 있었다고 봄이 상당하다”고 했다.

Additionally, the court stated that the December 3 emergency martial law constituted a ‘riot’ severe enough to disrupt the peace of a region. Judge Jee explained, “The proclamation of martial law, the blockade of the National Assembly, the formation and operation of arrest units, the occupation of the National Election Commission, and the removal of servers are themselves acts of riot.” He added, “It is reasonable to conclude that these actions had the force to disrupt the peace not only across South Korea but also in Seoul and the metropolitan area, where the National Assembly and the Election Commission are located.”

선출직 대통령이 군부를 동원해 의회 기능을 저지한 해외 사례를 찾아봤다고도 했다. 그러면서 개도국에서는 망명 등으로 인해 처벌받은 사례가 거의 없고, 선진국에서는 사례 자체를 찾기 어렵다고 했다.

The court also mentioned reviewing overseas cases where elected presidents used the military to obstruct legislative functions. It noted that in developing countries, there are few cases where such actions led to punishment due to exile, and in developed countries, such cases are rarely found.

◇ “비상계엄 사회적 비용 어마어마한 피해”

◇ “The social cost of the emergency martial law caused immense damage”

지 재판장은 윤 전 대통령 등 유죄를 선고한 피고인들에 대한 양형 이유를 설명하면서 “비상계엄 선포와 그에 따른 군경 활동으로 인해 군과 경찰의 정치적 중립성이 크게 훼손되고 국제사회에서 대한민국의 정치적 위상과 대외 신인도가 하락했고 결과적으로 우리 사회는 지금 정치적으로 양분돼서 극한의 대립 상태를 겪고 있다”고 했다. 조기 대선, 비상계엄 선포에 따른 후속 조치, 대규모 수사와 재판 등을 언급하면서 “이런 사회적 비용은 산정할 수 없는 정도의 어마어마한 피해”라면서 “비상계엄 선포에 따른 조치를 실제로 수행한 군인, 경찰관, 공무원들이 사회적으로 많은 비난을 받게 됐고, 법적인 책임도 져야 하며, 상관의 지시의 적법성·정당성에 대한 군인과 경찰관 및 공무원들의 신뢰가 훼손됐다”고 했다.

In explaining the sentencing reasons for the defendants, including former President Yoon, Judge Jee stated, “The declaration of emergency martial law and subsequent military and police activities severely undermined the political neutrality of the military and police, lowered South Korea’s political standing and international credibility, and as a result, our society is now politically divided, experiencing extreme confrontation.” Mentioning early elections, follow-up measures after the declaration, large-scale investigations, and trials, he emphasized, “These social costs are immeasurable and immense damage.” He added, “Military personnel, police officers, and public officials who carried out the measures under the emergency martial law have faced significant public criticism, legal responsibilities, and their trust in the legality and justification of their superiors’ orders has been damaged.”

◇ “공수처·검찰 내란죄 수사 가능"

◇ “CIO and prosecutors can investigate insurrection charges”

한편 재판부는 재직 중 대통령에 대한 수사도 허용된다고 판단했다. 헌법상 현직 대통령은 내란 또는 외환죄가 아닌 한 소추 대상이 아니지만, 소추에 수사는 포함되지 않는다고 본 것이다.

Meanwhile, the court ruled that investigations into a sitting president are permissible. Although the Constitution states that a sitting president cannot be prosecuted unless charged with insurrection or treason, the court viewed that investigations are not included in the prohibition against prosecution.​

또한 법원은 고위공직자범죄수사처나 검찰 모두 비상계엄 사태와 관련해 내란죄 수사 권한이 있다고 봤다. 공수처와 검찰 모두 관련법상 내란죄는 직접수사 대상이 아니지만, 수사 대상 범죄인 직권남용죄의 ‘관련 범죄’​​로 내란죄를 수사할 수 있고, 검찰은 기소도 가능하다고 판단했다.

The court also determined that both the Corruption Investigation Office for High-ranking Officials (CIO) and the prosecutors’ office have the authority to investigate insurrection charges related to the emergency martial law incident. Although insurrection is not a direct investigation target under relevant laws for both the CIO and prosecutors, they can investigate it as a ‘related crime’ to the abuse of authority, which is a prosecutable offense, and the prosecutors can also indict. The court rejected former President Yoon’s side’s argument that “the CIO’s investigation into his insurrection charges was illegal.”

윤 전 대통령 측은 그동안 “공수처의 윤 전 대통령에 대한 내란죄 수사는 위법한 수사였다”고 했는데 이를 받아들이지 않은 것이다. 또한 재판부는 윤 전 대통령이 2024년 12월이 아닌 약 1년 전부터 비상계엄을 준비했다는 특검 측 주장은 받아들이지 않았다.

Additionally, the court did not accept the special counsel’s claim that former President Yoon had been preparing for the emergency martial law approximately one year prior to December 2024.

윤석열 전 대통령이 19일 서울 서초구 서울중앙지법에서 열린 '12·3 비상계엄' 관련 내란 우두머리 혐의 사건 1심 선고 공판에 출석해 있다. /서울중앙지법

◇ 조지호·김봉식·노상원·목현태도 유죄

◇ Cho Ji-ho, Kim Bong-sik, Noh Sang-won, and Mok Hyun-tae also found guilty

지 재판장은 조지호 전 경찰청장, 김봉식 전 서울경찰청장, 노상원 전 정보사령관, 목현태 전 서울경찰청 국회경비대장 등의 내란죄도 성립한다고 인정했다. 특검은 지난 1월 13일 결심 공판에서 네 사람에게 각각 징역 20년, 징역 15년, 징역 30년, 징역 12년을 구형했다.

Judge Jee acknowledged that insurrection charges against former National Police Agency Commissioner Cho Ji-ho, former Seoul Metropolitan Police Agency Commissioner Kim Bong-sik, former Intelligence Command Chief Noh Sang-won, and former Seoul Metropolitan Police Agency National Assembly Security Unit Commander Mok Hyun-tae were valid. The special counsel had sought 20 years, 15 years, 30 years, and 12 years in prison, respectively, for the four individuals during the sentencing hearing on January 13.

반면 재판부는 김용군 전 국방부 조사본부 수사단장(예비역 육군 대령)에게는 “노상원 전 사령관의 계획에 가담했다는 사실을 인정할 증거가 없다”며 무죄를 선고했다. 윤승영 전 경찰청 국가수사본부 수사기획조정관에 대해서도 “방첩사의 주요 정치인 체포 계획을 알면서도 협조했다고 보기 어렵다”며 무죄를 선고했다.

In contrast, the court acquitted former Defense Ministry Investigation Headquarters Investigation Team Chief Kim Yong-gun (retired Army colonel), stating, “There is no evidence to acknowledge his involvement in former Commander Noh Sang-won’s plan.” It also acquitted former National Police Agency National Office of Investigation Investigation Planning Coordinator Yoon Seung-young, noting, “It is difficult to conclude that he cooperated while being aware of the Defense Counterintelligence Command’s plan to arrest key political figures.”

유희곤 기자

사회부 법조팀에서 검찰·법무부·고위공직자범죄수사처 등을 취재합니다(2015~2020년, 2024년~현재). 2012년부터 기자 생활 해 산업부(에너지·유통), 사회부(법조팀, 경찰청), 경제부(금융팀·부동산팀) 등을 거쳤습니다. 한국기자협회 이달의 기자상 5회(제380·332·317·314·288회) 수상했습니다.

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Breaking: Former President Yoon Gets Life for Insurrection

Seoul Court Sentences Former President Yoon to Life in First Trial

By Yoo Hee-kon Published 2026.02.19. 16:04 The Chosun Daily Newspaper / 조선일보
​

Presiding Judge Jee Kui-youn reads the verdict at the first trial sentencing for the case related to the 'December 3 Emergency Martial Law' involving former President Yoon Suk-yeol on insurrection leader charges, held on the 19th at the Seoul Central District Court in Seocho-gu, Seoul. /Seoul Central District Court
​
The Seoul Central District Court’s Criminal Division 25 (Presiding Judge Jee Kui-youn) on the 19th sentenced former President Yoon Suk-yeol, accused of being the leader of the insurrection related to the ‘December 3 emergency martial law’ incident, to life imprisonment in the first trial. Earlier, the insurrection special counsel had sought the death penalty for former President Yoon on the 13th of last month.
​
Former Defense Minister Kim Yong-hyun was sentenced to 30 years in prison. Former Intelligence Command Chief Noh Sang-won received 18 years, former National Police Agency Commissioner Cho Ji-ho 12 years, former Seoul Metropolitan Police Agency Commissioner Kim Bong-sik 10 years, and former Seoul Metropolitan Police Agency National Assembly Security Unit Commander Mok Hyun-tae 3 years in prison, respectively.
​
◇“Sending troops to the National Assembly was the core of the emergency martial law”
​
The court acknowledged the charges of insurrection leadership against former President Yoon and the charge of engaging in important tasks of insurrection against former Minister Kim Yong-hyun, as applied by the special counsel. Presiding Judge Jee Kui-youn stated that the act of sending troops to the National Assembly after declaring emergency martial law by former President Yoon and others was “the core of this case,” adding that “the purpose of disrupting the constitutional order is recognized.”
​
Judge Jee viewed the purpose of former President Yoon sending troops to the National Assembly and the National Election Commission as “to arrest key figures such as the National Assembly Speaker and party leaders to prevent lawmakers from deliberating or passing resolutions to lift the emergency martial law.” He stated, “It is sufficient to conclude that the purpose was to obstruct or paralyze the National Assembly’s activities, rendering it unable to function.” The court also accepted the special counsel’s claim that “former Defense Minister Kim Yong-hyun provided a list of 14 individuals to be arrested to former Defense Counterintelligence Command Chief Yeo In-hyeong” as factual.
​
Presiding Judge Jee presupposed that “even a president can commit the crime of insurrection for the purpose of disrupting the constitutional order” and ruled that if the National Assembly’s authority was infringed, it constitutes insurrection. Regarding former President Yoon’s side’s argument that “the emergency martial law was declared to resolve a national crisis caused by a National Assembly that has become no different from anti-state forces and to defend the liberal democratic system,” the judge pointed out, “This is a claim that confuses justification with purpose.” He also remarked, “One cannot steal a candle just because they are reading the Bible.”
​
Additionally, the court stated that the December 3 emergency martial law constituted a ‘riot’ severe enough to disrupt the peace of a region. Judge Jee explained, “The proclamation of martial law, the blockade of the National Assembly, the formation and operation of arrest units, the occupation of the National Election Commission, and the removal of servers are themselves acts of riot.” He added, “It is reasonable to conclude that these actions had the force to disrupt the peace not only across South Korea but also in Seoul and the metropolitan area, where the National Assembly and the Election Commission are located.”
​
The court also mentioned reviewing overseas cases where elected presidents used the military to obstruct legislative functions. It noted that in developing countries, there are few cases where such actions led to punishment due to exile, and in developed countries, such cases are rarely found.
​
◇“The social cost of the emergency martial law caused immense damage”
​
In explaining the sentencing reasons for the defendants, including former President Yoon, Judge Jee stated, “The declaration of emergency martial law and subsequent military and police activities severely undermined the political neutrality of the military and police, lowered South Korea’s political standing and international credibility, and as a result, our society is now politically divided, experiencing extreme confrontation.”
​
Mentioning early elections, follow-up measures after the declaration, large-scale investigations, and trials, he emphasized, “These social costs are immeasurable and immense damage.” He added, “Military personnel, police officers, and public officials who carried out the measures under the emergency martial law have faced significant public criticism, legal responsibilities, and their trust in the legality and justification of their superiors’ orders has been damaged.”
​
◇“CIO and prosecutors can investigate insurrection charges”
​
Meanwhile, the court ruled that investigations into a sitting president are permissible. Although the Constitution states that a sitting president cannot be prosecuted unless charged with insurrection or treason, the court viewed that investigations are not included in the prohibition against prosecution.
​
The court also determined that both the Corruption Investigation Office for High-ranking Officials (CIO) and the prosecutors’ office have the authority to investigate insurrection charges related to the emergency martial law incident. Although insurrection is not a direct investigation target under relevant laws for both the CIO and prosecutors, they can investigate it as a ‘related crime’ to the abuse of authority, which is a prosecutable offense, and the prosecutors can also indict. The court rejected former President Yoon’s side’s argument that “the CIO’s investigation into his insurrection charges was illegal.”
​
Additionally, the court did not accept the special counsel’s claim that former President Yoon had been preparing for the emergency martial law approximately one year prior to December 2024.
​
◇Cho Ji-ho, Kim Bong-sik, Noh Sang-won, and Mok Hyun-tae also found guilty
​

Former President Yoon Suk-yeol attends the first trial sentencing for the case related to the 'December 3 Emergency Martial Law' on insurrection leader charges, held on the 19th at the Seoul Central District Court in Seocho-gu, Seoul. /Seoul Central District Court
​
Judge Jee acknowledged that insurrection charges against former National Police Agency Commissioner Cho Ji-ho, former Seoul Metropolitan Police Agency Commissioner Kim Bong-sik, former Intelligence Command Chief Noh Sang-won, and former Seoul Metropolitan Police Agency National Assembly Security Unit Commander Mok Hyun-tae were valid. The special counsel had sought 20 years, 15 years, 30 years, and 12 years in prison, respectively, for the four individuals during the sentencing hearing on January 13.
​
In contrast, the court acquitted former Defense Ministry Investigation Headquarters Investigation Team Chief Kim Yong-gun (retired Army colonel), stating, “There is no evidence to acknowledge his involvement in former Commander Noh Sang-won’s plan.” It also acquitted former National Police Agency National Office of Investigation Investigation Planning Coordinator Yoon Seung-young, noting, “It is difficult to conclude that he cooperated while being aware of the Defense Counterintelligence Command’s plan to arrest key political figures.”
​
· This article has been translated by Upstage Solar AI.

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