In the first trial, the comprehensive special prosecutor alleged abuse of prosecution rights... Doctor's wife involved in civil war

In the first trial, the comprehensive special prosecutor alleged abuse of prosecution rights... Doctor's wife involved in civil war

(Seoul = Yonhap News) Reporter Lee Young-seop = Former Army Capital Defense Command 1st Security Group Commander Cho Seong-hyun (Colonel), who was indicted on charges of giving orders from military superiors to dispatch to the National Assembly during the 12/3 martial law incident, requested a dismissal of the indictment in court.

Colonel Cho's lawyer stated at the first trial preparation date for Colonel Cho's charge of engaging in important civil war duties held on the 2nd at the Seoul Central District Court Criminal Agreement Division 38-1 (Presiding Judges Jang Seong-jin, Su-yeong Jeong, and Young-gak Choi), "We are of the position that the indictment should be dismissed out of caution and that the indictment should be preliminarily declared not guilty."

Dismissal of indictment is a procedure to close a lawsuit without judging the substance of the case when the indictment procedure violates the law.

When the court asked, “Is it correct to claim violation of the Japanese indictment principle (the principle that only content directly related to the crime is stated in the indictment), non-specification of the facts of the indictment, and abuse of the right to indictment?” the lawyer answered, “Yes.”

The defense lawyer also argued that Colonel Cho had received instructions during the martial law period to 'enter the National Assembly and take out the lawmakers', but virtually refused to carry out the instructions, and that he had no intention of participating in the civil war since he withdrew his troops from Sogang Bridge.

The court decided to hold another trial preparation date on the 23rd to gather opinions from both sides regarding the evidence.

Colonel Cho was indicted without detention on August 19 on charges of participating in the civil war by sending orders to the 2nd Special Forces Battalion and the 35th Special Forces Battalion to dispatch former Defense Force Commander Lee Jin-woo to the National Assembly immediately after martial law was declared on December 3, 2024.

Colonel Cho was awarded the Three Days Medal of the National Defense Service Merit in recognition of his contribution to the order to 'do not cross the Sogang Bridge' to the troops moving to the National Assembly during the incident.

Previously, the Special Insurgency Prosecutor's Team Cho Eun-seok also ruled that Col. Cho had refused to carry out the final instructions.

However, the 2nd Special Prosecutor Kwon Chang-young's team decided that Colonel Cho had been actively sympathizing with martial law, but changed his attitude after the National Assembly passed a motion to lift martial law, so he was taken to court.