Environmental Group Leader Who Protested for Beluga Release Granted Stay of Execution on Fine in Appeals Court
Joint Property Damage and Obstruction of Business Charges
"Public Interest in Animal Protection Considered"
The co-representative of a marine environmental organization, who was put on trial for attaching banners to the tank in protest demanding the release of the beluga whale 'Bella' exhibited at Lotte World Aquarium, received leniency in the appeals court.
On May 14, the Criminal Appeals Division 1-1 of the Seoul Eastern District Court (Presiding Judge Maeng Hyun-moo) overturned the original verdict that sentenced Hwang Hyunjin, the 40-year-old co-representative of Hot Pink Dolphins, to a fine of 2 million won for joint property damage and obstruction of business under the Act on the Punishment of Violent Acts, and instead granted a stay of execution. A stay of execution means that the court acknowledges the defendant’s guilt but postpones the sentence, and if a certain period passes without further incident, the sentence is dismissed (concluded).
The court found Hwang guilty of joint property damage, stating, "By using spray adhesive to attach the banner, the tank surface was covered, and even after removal, traces of the adhesive remained, necessitating a cleanup operation."
The court also added, "Considering that the defendant, along with ten associates, chanted slogans and caused disturbances in front of the tanks on the first and second basement floors of the aquarium, engaged in altercations with staff, and made it difficult for visitors to view the exhibits at the time, the charge of obstruction of business is also recognized as guilty."
However, the court explained its reasoning for sentencing, stating, "This act was partly carried out with a public interest purpose," and "Considering that, even up to the present after the incident, Bella has not been released and continues to be treated as a product to attract visitors, the level of social criticism toward the defendant is reduced."
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Hwang was indicted on charges of staging a protest in December 2022 with activists from the civic group Hot Pink Dolphins, attaching a banner reading 'Immediately Stop Displaying the Beluga' to the large tank at Lotte World Aquarium in Songpa-gu, Seoul. The Lotte side filed a complaint, claiming that the incident resulted in damages amounting to approximately 730 million won.
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