Second comprehensive special counsel: background to the indictment of Na, Kim and two others
Since many may have forgotten the case, she asked for an explanation of the incident that led to the charges.
Four senior People Power Party lawmakers face special obstruction-of-official-duties charges, and the outcome of their trial could reshape the party's political landscape.
Since many may have forgotten the case, she asked for an explanation of the incident that led to the charges.
Attorney Jung Gu-seung explained that the case involved lawmakers physically blocking an arrest warrant execution. Although the warrant had been legally issued by a court and the officers went to the Hannam-dong residence with it, the lawmakers obstructed their duties, which led to their indictment for special obstruction of official duties without detention. Jung added that the charge carries the word "special" because the defendants showed collective force.
Attorney Jung Gu-seung analyzed that fines are rarely imposed for special obstruction of official duties, and prison sentences are likely. He noted that Na Kyung-won reportedly has a prior conviction for violating the National Assembly Advancement Act, and that the application of the "special" charge again could be a variable.
He said the lawmakers created a group chat named after a specific elementary school and gathered there, forming a human chain in front to block the arrest warrant execution.
Political commentator Kim Sung-wan said police recorded the entire scene on evidence footage. The video shows lawmakers swearing and roughly using their bodies to block the arrest warrant execution. He explained that this was judged not as a simple obstruction of official duties but as the exercise of collective force, which is the basis for applying the special obstruction charge.
Political commentator Kim Sung-wan said the special counsel cited four grounds for the indictment. First, statements from officials involved in executing the arrest warrant, including a CIO prosecutor. Second, 94GB of evidence footage from the execution. Third, transcripts of insults and other remarks captured on the footage. Fourth, an objective synthesis of legal analysis and guilty judgments in similar cases. The special counsel explained that the indictment was unavoidable based on this evidence.
Attorney Jung Gu-seung expected that the defendants would not dispute the evidence presented by the special counsel, since it is clear. However, he predicted they would argue on legal grounds that their actions were merely a "political expression of opinion." He assessed, however, that the lawmakers linking arms to physically block the execution itself is legally likely to result in a guilty verdict.
With many mitigating factors, it could be eight months to two years, and with many aggravating factors, two to five years. He explained that mitigating and aggravating factors are weighed comprehensively, including the degree of violence or threats, the propriety of the official duty, and whether the defendant surrendered.
Mitigating factors include minor violence or threats or excessive official action, as well as surrender or a request for no punishment. Aggravating factors include injury to officials, harm to multiple officials, serious interference with official duties, repeated offenses, or prior convictions for the same kind of crime. Kim pointed out that the repeated visits to Hannam-dong and linking arms there are likely to count as aggravating factors.
Political commentator Kim Sung-wan noted that, as with the fast-track trial whose verdict has not yet come out, this trial could also be delayed. He suggested that if the trial drags on and the case fades from public memory, there could be a way to quietly reduce the sentence by getting a particular bench.
It is notable that the indicted lawmakers, including Na Kyung-won, Kim Ki-hyeon, Yoon Sang-hyeon and Kwon Young-jin, are all senior figures with deep political experience. It was suggested that their indictment will be an important point that significantly affects the direction of the People Power Party and its various factions.
The situation suggests that a sense of the need for internal change within the party could spread.
He stressed that causing physical harm to an official would significantly increase the level of punishment.
This suggests the defense may aim to lower the sentence through a strategy of delay.
Political commentator Kim Sung-wan said that after meeting People Power Party officials recently, he heard that they are regaining confidence as President Lee Jae-myung's approval rating falls and the Democratic Party splits. The party is reportedly expecting that it has a chance in the next general election based on this situation.
Political commentator Kim Sung-wan raised concerns about the implications of this situation. He warned that it could set a precedent where, even if a president's closest aide is implicated in corruption, people can simply claim it is not so. He cautioned that such thinking could emerge even after watching the impeachment process of former President Park Geun-hye.
This could lead to a situation where people feel it is acceptable to declare martial law, or someone emerges who offers to let the military move into the National Assembly the next time someone attempts it. He stressed that the political role of the Democratic Party is very important.
Political commentator Kim Sung-wan argued that the Democratic Party must be reborn through this opportunity. He said that generational change should remove problematic figures, and the party should become one recognized for performance and ability rather than past slogans, agitation or track record. He stressed that if it is reborn through such painful effort, it could regain a chance to govern.
This suggests that efforts to form a new power structure within the party may emerge, and he pointed out that political conflict within the People Power Party could intensify regardless of the Democratic Party's current situation.
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Answers come from the transcript, with the exact spot cited.
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