Special Counsel Appeals Yoon’s Five‑Year Obstruction Sentence, Seeking Review of Evidence and Death‑Penalty Request
Updated (3 articles)
Obstruction Conviction and Five‑Year Sentence Confirmed The Seoul Central District Court sentenced former President Yoon Suk Yeol to five years in prison for obstructing investigators who attempted to detain him at the presidential residence in January 2025, after his December 2024 declaration of martial law [2][3]. The obstruction charge centers on Yoon ordering the Presidential Security Service to block the warrant execution [2]. This ruling marks the first judicial decision on obstruction charges linked to the short‑lived martial‑law episode [3].
Special Counsel Files Appeal Against Conviction On 22 January 2026, the special counsel team lodged an appeal challenging the five‑year sentence and the court’s not‑guilty findings on several related counts [1]. The appeal argues that critical evidence was improperly excluded and requests a reassessment of the factual basis for the conviction [1]. Prosecutors accompanying the special counsel also renewed their request for the death penalty on the separate insurrection charge, with a decision on that charge slated for 19 February 2026 [1].
Yoon’s Legal Team Also Pursues Appeal Yoon’s attorneys submitted their own appeal on the Monday following the sentencing, contending procedural errors and the dismissal of requested evidence without proper review [2][1]. They maintain that the court’s factual findings are unsupported and that the obstruction charge misinterprets the events surrounding the attempted detainment [2]. The dual appeals keep the case active in both the regular and special‑prosecutor tracks [1].
Insurrection Charge and Potential Death Penalty Pending In addition to obstruction, Yoon faces an insurrection charge stemming from the illegal martial‑law declaration, for which special prosecutors are seeking the death penalty [1]. A separate ruling on this charge is scheduled for 19 February 2026, underscoring the broader stakes of the legal battle [1].
Court Declares December 2024 Martial Law Illegal The judgment also declared the December 2024 martial‑law order illegal, linking the obstruction conviction to the broader illegality of Yoon’s emergency powers [3]. The court characterized the President’s control over the Presidential Security Service as a privatization of public staff, highlighting governance concerns [3].
Sources
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1.
Yonhap “Special counsel appeals ruling on ex-President Yoon's obstruction of justice charges”: Details the 22 January 2026 appeal by the special counsel, challenges to the five‑year sentence, procedural objections, and the prosecutors’ death‑penalty request for the insurrection charge .
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2.
Yonhap “Yoon Suk Yeol appeals five-year prison sentence in obstruction case”: Reports Yoon’s own appeal filed immediately after the 19 January 2026 sentencing, outlines the obstruction charge involving the Presidential Security Service, and notes the broader insurrection trial context .
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3.
Yonhap “Ex-President Yoon Suk Yeol sentenced to five years for obstruction of justice as martial law ruling marks first”: Covers the initial 17 January 2026 sentencing, emphasizes the first court ruling on obstruction, declares the December 2024 martial law illegal, and mentions the court’s description of security‑service privatization .
Timeline
Dec 2024 – Yoon Suk Yeol declares martial law, a move later deemed illegal by the courts and cited as the root of subsequent obstruction and insurrection charges. [3]
Jan 2025 – Investigators attempt to detain Yoon at the presidential residence; Yoon orders the Presidential Security Service to block the warrant, forming the core “obstruction of justice” allegation. [1][2]
Jan 17, 2026 – Seoul Central District Court sentences Yoon to five years in prison for obstruction of justice, stating “the court declares martial law illegal” and describing his control of the Presidential Security Service as a privatization of public staff. [3]
Jan 19, 2026 – Yoon’s lawyers file an appeal, claiming procedural errors and that key evidence was dismissed without proper assessment, thereby challenging the obstruction sentence. [2]
Jan 22, 2026 – The special‑counsel team files an appeal against the five‑year obstruction sentence and the not‑guilty verdicts on related charges, arguing the trial mishandled evidence and seeking a review of the false‑press‑statement accusations. [1]
Feb 19, 2026 (scheduled) – A court is set to rule on Yoon’s insurrection charge, with special prosecutors explicitly “seeking the death penalty” for the alleged illegal martial‑law declaration. [1]