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Lee Seok-ki |
The Suwon District Court found Lee guilty of conspiring with other members of an underground organization to stage an armed insurrection in support of North Korea.
It ruled that a potential uprising could have been dangerous enough to destroy peace in the region, and Lee and other accused UPP members were ready to carry out the plot any time.
"The conspiracy wasn't developed in detail, but its threat was in fact significant, considering the leader's determination, members' devotion, preparation over at least two months and revealed details about the uprising," Presiding Judge Kim Jeong-woon of the three-judge panel said in the ruling.
"While preparing for the right time for a revolution, they penetrated into a political party, mass organizations and even the National Assembly. They have expanded their influence in the dark by luring the have-nots with Juche (North Korea's self-reliance ideology)."
The court suspended Lee's civil rights including suffrage for 10 years. The prosecution had sought a 20-year prison term for Lee.
Six other UPP members, including Hong Sun-seok, vice chairman of the UPP's Gyeonggi Province branch, were sentenced to prison terms ranging from four to seven years.
Lee's attorney, Kim Chil-jun, said he will appeal, and the case is expected to eventually reach the Supreme Court via the Seoul High Court early next year.
The UPP spokesman condemned the court in a statement, saying the ruling means that the judiciary as well as the prosecution had "pledged their loyalty to the Park Geun-hye administration."
Lee had denied all the charges, describing the case as a "political ploy" to counter allegations that the National Intelligence Service (NIS) interfered in the 2012 presidential election.
The court, in principal, upheld most charges brought by the prosecution against Lee and other UPP members.
The prosecution has heavily relied on the testimony from a former member of Lee's underground group, the Revolutionary Organization (RO). The court said that various pieces of evidence show that the case had not been fabricated.
The prosecution and Lee's lawyers have fought intensely over whether the testimony of the 40-year informant known as Lee and recordings from the meetings in May were legitimate.
The most important evidence used against Lee was the recording of a meeting with some 130 participants at a Catholic education facility in western Seoul on May 12.
According to the ruling, Lee discussed how to destroy infrastructure and major military facilities in the event of a war. It said that Lee and other RO members mentioned a petroleum depot in Pyeongtaek, Gyeonggi Province, and telecommunication facilities in Hyehwa-dong, central Seoul, and Bundang, Gyeonggi Province.
Lee's speech was in line with the North Korean ideology that South Korea is a colony of the U.S. and he claimed that a regime independent from the U.S. should replace the current government, the court said.
The ruling confirmed the hierarchy of the RO and Lee's leadership position, "by Lee's commanding tone and the way members talked to and addressed each other."
The court found that Lee and another indicted member of the UPP breached the anti-communist National Security Law by singing communist songs, the "Song of the Revolutionary Comrade" and the "Red Flag" and possessed documents and files banned under the law.
Observers are now paying attention to whether the lower court's ruling will affect a petition against the UPP at the Constitutional Court.
The Ministry of Justice filed the petition with the court to dissolve the minority party after Lee was arrested, citing that its activities are against the ideals of the Constitution.
On Jan. 28, Minister of Justice Hwang Kyo-ahn and Lee Jeong-hee, the UPP leader, attended a first hearing ― the second is due today.
Lee and seven other members of the UPP are the first to be indicted and convicted of charges of conspiracy to stage an armed rebellion in 34 years since the trial of former President Kim Dae-jung in 1980, who was convicted of rebellion charges but acquitted later in a retrial.