Even if Dad Begs Now... Hwang Hana Faces Inevitable Prison Sentence Upon Indictment

Hwang Hana, granddaughter of the founder of Namyang Dairy Products Photo by Yonhap News

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[Asia Economy reporters Seongpil Jo and Donghoon Jeong] Hwang Hana, the granddaughter of the founder of Namyang Dairy Products, was recently booked by the police on charges of violating the Narcotics Control Act. This marks the second time in just over a year that she has come under investigation for the same charges since her suspended prison sentence was confirmed by the court in November last year. Although the police are extremely tight-lipped about the investigation, the prevailing view is that Hwang will ultimately be prosecuted. Legal experts say, "A prison sentence seems inevitable," adding, "It will be difficult to argue for leniency this time."

Previously, Hwang was arrested and indicted for purchasing and using methamphetamine, and last year the Suwon District Court sentenced her to one year in prison with a two-year suspension. According to the verdict, she purchased methamphetamine using the so-called 'throwing method' and used it as many as 10 times between 2015 and 2019. She habitually used drugs. The Supreme Court's recommended sentencing guideline for multiple offenses was up to three years and two months in prison. However, the punishment handed down to Hwang was a suspended sentence, not imprisonment.

The first trial court took into account Hwang's remorse as a mitigating factor. Although she denied some charges, the court judged that it was not significant enough to affect sentencing. The appellate court upheld the original verdict, considering Hwang's remorse and her pledge not to reoffend. The fact that Hwang's father petitioned for leniency was also reflected in the sentencing. The second trial court stated, "It is also necessary to consider that the defendant's father has pledged to work together for her rehabilitation."

The Seoul Yongsan Police Station, currently investigating Hwang's case, is reportedly yet to summon her for questioning. It is said to be in the early stages of investigation, having obtained intelligence related to Hwang's suspected drug use and secured testimonies from related parties. If clear evidence of criminal charges emerges during the investigation, a formal interrogation of Hwang is expected to proceed in earnest. There is also a possibility that the police may request an arrest warrant during this process. Hwang previously resisted police summons during last year's investigation, resulting in the execution of arrest and detention warrants.

Legal circles widely predict that if Hwang faces trial again, she will not be able to avoid a heavy sentence. Attorney Jang Junsung (Law Firm How) said, "Repeated offenses of the same kind during a suspended sentence period naturally become an aggravating factor." If a prison sentence is confirmed, the existing suspended sentence will be nullified. The one-year prison sentence handed down by the Suwon District Court last year will then be enforced. In this case, Hwang will have to serve the punishment for the current case plus an additional nine months of detention. The three months she was detained from the investigation stage last year until the first trial verdict are excluded.

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