Court commutes death sentence on Chun Doo Hwan
Court commutes death sentence on Chun Doo Hwan
SEOUL (AFP): A South Korean appeal court yesterday commuted the death sentence ordered against former president Chun Doo-hwan for mutiny and corruption, and reduced the jail term of his successor Roh Tae-woo.
The court, pointing to South Korea's meteoric economic growth and the peaceful transition of power during his presidency, said Chun should serve a life jail term.
It reduced Roh's prison sentence from 22 and a half years to 17 years.
A lower court in August ordered the death sentence for Chun after finding him guilty of a 1979 military coup, the infamous 1980 massacre in Kwangju and graft charges.
"The court finds the defendants guilty of leading the Dec. 12 military mutiny and usurping power through the May 17 insurrection," Senior Judge Kwon-sung said in giving the decision of the three-judge panel.
"But at the same time, we must stay away from a political culture in which losing political power means losing your life," he said.
The decision triggered pandemonium in the courtroom. Protesters from Kwangju shouted "death to murderers" and started scuffling with court guards.
Chun closed his eyes and gave a hint of a smile. Roh heaved a deep sigh of relief.
The ruling sharply divided the nation. People in Chun and Roh's home province of North Kyongsang generally welcomed the reduced sentences, while residents in Kwangju reacted angrily.
"This is a political charade. All court procedures must have been staged from the beginning," said Chung Dong-nyun, president of a group for Kwangju victims. He warned of a strong public reaction.
The main opposition National Congress for New Politics said: "The court ruling failed to meet the people's expectations, but the party refrains from commenting on decisions made by judicial authorities."
Neither the defense nor the prosecution announced whether they would take the rulings to the Supreme Court, a process that could drag on until April of 1997.
At a separate session yesterday, four business tycoons linked to Roh's corruption case walked free, either with suspended sentences or a not guilty verdict.
The court acquitted Chung Tae-su, head of the Hanbo business group on charges of giving the former president a bribe of 10 billion won (US$12 million), citing lack of evidence.
Three other tycoons -- Kim Woo-choong of the Daewoo Business Group, Choi Won-suk of Dong-A Group, Jang Jin-ho of Jinro Group -- all of whom had been charged with bribing Roh, had their sentences suspended.
Before announcing the verdict on Chun, the court recalled that on June 29, 1987, the then-president agreed to democratic reforms, including a direct presidential poll, a move critics say was forced by nationwide protests.
The reforms paved the way for Roh to be elected in 1987. Roh joined forces with then opposition leader Kim Young-sam, who in turn became president in 1993.
But Kim Young-sam turned on the two ex-generals after the Roh corruption scandals surfaced in 1995, rekindling public outrage over their involvement in the coup and Chun's role in the Kwangju bloodshed, in which 200 people died by the official count.
The court upheld the guilty verdict on 10 charges related to the coup and massacre and corruption against Chun. In arguing for commutation it highlighted double-digit economic growth and during Chun's presidency.
The chief judge said: "Although Roh is guilty of similar charges, we have to differentiate between a mastermind and a follower and so give a 17 year prison sentence."
The court fined Chun $262 million and Roh $313 million for the corruption charges.
Of the 14 former generals charged with Chun and Roh, 13 had their jail sentences, ranging from four to 10 years, cut to three-and-a-half to eight years. One had his not-guilty verdict upheld by the court.
The prosecution and the two ex-heads of state can appeal the new sentences at the Supreme Court. The two former presidents have already spent a year in jail. They are held in different Seoul prisons.