尹大統領支持者らが起こした暴動…元判事「内乱罪の可能性も」=韓国
Riots caused by President Yoon's supporters...Former judge: ”May be charged with treason” = South Korea
Lawyer Oh Ji-won, a former judge, said that supporters of President Yoon Seok-yeol who rioted at the Seoul Western District Court in the early hours of the 19th should be charged with not only rioting but also treason.
On the 20th, on MBC radio, lawyer Oh said that former and current judges had expressed their shock and dismay over the riots at the Western District Court, saying, "As the Chief of the Judicial Administration Bureau said, everyone was very shocked."
"They are threatening to kill a judge personally, so what kind of decision can they make?"
"I can only think of it as a direct threat to the judge," he said. Regarding the charges that could be applied to the demonstrators, Oh said, "The charges include a large group of people gathering and causing damage and assault, trespassing while carrying dangerous objects, and causing damage and assault."
"The application of the law may vary depending on the individual actions, but it is believed that punishment is sufficient for cases such as obstruction of public duties resulting in injury, trespassing on a public building, and damage to public property.
"Of course, the crime of rioting can also be applied," he said. Article 115 of the Criminal Code stipulates that "a person who gathers in large numbers and commits acts of violence, intimidation, or damage" is guilty of rioting, and can be sentenced to between one and 10 years in prison or imprisonment.
"Even just the footage of the incident shows that the public gathered and committed acts of violence, such as destruction, and that they were considered to be inciting riots," said Oh.
"The fact that the incident was the fault of those who participated in the crime is obviously justifiable," he said. Oh went further, saying that the crime could also be charged as treason.
Attorney Oh said, "The crime of treason, Article 91, paragraph 2 of the Criminal Code, is a crime that 'abrogates the authority of a national institution established under the Constitution through coercion.
"It stipulates that 'the exercise of the constitutional right is impossible,'" he said, explaining, "Because the court is indeed a constitutional institution, it is worth investigating the crime of treason."
"Looking at some of the footage, it appears that there was someone at the scene giving instructions. There is no evidence or circumstances that such instructions or encouragement were given at the scene.
If they do come forward, they can be punished under Article 90 of the Penal Code for incitement (to civil unrest)."
2025/01/20 11:27 KST
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