An appeals court has upheld an 18-month prison sentence for Kang Eui-gu, the former chief of staff to the presidential office, who was indicted on charges of fabricating a backdated emergency martial law declaration after the Dec. 3 martial law incident.
The Seoul High Court's Criminal Division 12-3, presided over by judges Kim Min-a, Lee Seung-cheol and Jo Jin-gu, on Monday upheld the lower court's 18-month sentence for Kang on charges including falsification of official documents. As in the first trial, the appeals court found him guilty on most of the charges.
The appeals court said the document "was completed on Dec. 6, 2024 — after the declaration of emergency martial law — with signatures obtained from then-Prime Minister Han Duck-soo, then-Defense Minister Kim Yong-hyun and then-President Yoon Suk Yeol in that order, yet it was dated Dec. 3, as if the document had been completed on that day." The court said this constituted falsification within the meaning of the crime of fabricating official documents.
The court added that Kang "was aware of the procedural violation that the countersignatures of the prime minister and Cabinet members had not been obtained before the declaration of emergency martial law," and that "it is recognized that he knew the date of former President Yoon's signature differed from the actual date on the document."
On sentencing, the court said it could not find the lower court's judgment "unreasonably harsh or lenient," and that "no special change in circumstances warranting a different sentence has arisen since the first-trial verdict was handed down," maintaining the 18-month term.
Kang was accused of fabricating a false martial law declaration on Dec. 6, 2024 — after the lifting of emergency martial law — making it appear as though Han, Kim and Yoon had signed off on the declaration in advance.
Investigators found that the backdated document bore signatures in the order of Han, Kim and then Yoon, and had been kept in Kang's office.
Kang also faces charges of shredding the document after the insurrection investigation intensified. He allegedly did so after Han told him, "If it becomes known that the document was created after the fact, it could spark another controversy, so let's treat my signature as if it never happened."
The first-trial court had found Kang guilty on most charges, sentenced him to 18 months in prison and ordered him taken into custody in the courtroom.
At the time, the lower court said that while it was "difficult to conclude he had a specific intent to use the document, the purpose of use cannot be denied given that it was created in preparation for a situation in which it might be made public."
The court added that Kang "took charge of the key acts of the offense — drafting the cover of the post-facto martial law declaration and obtaining signatures — even without prior instructions from former President Yoon," and that "his culpability is grave in light of his position and the background and nature of the crime."
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