Appellate Court Dismisses Prosecution's Appeal
Prosecution Files Appeal with Supreme Court on the 17th
On the evening of October 25, six days before Halloween Day (October 31) in 2024, police officers are patrolling the streets of Itaewon alley in Yongsan-gu, Seoul, to prepare for crowd accidents due to mass gatherings. Photo by Yonhap News
Prosecutors have filed an appeal with the Supreme Court against the fine imposed on Lee, the CEO of Hamilton Hotel, who has been at the center of controversy for allegedly narrowing the alley near the site of the Itaewon disaster by erecting illegal structures.
According to the legal community on April 26, the Criminal Appellate Division 1 of the Seoul Western District Court (Presiding Judge Ban Jungwoo) dismissed the prosecution's appeal on April 10 in the appellate trial for violations of the Building Act and Road Traffic Act by Lee, the CEO of Hamilton Hotel, upholding the original sentence of an 8 million won fine. The prosecution, dissatisfied with this decision, filed an appeal with the Supreme Court on April 17.
The court stated, "Although the prosecution appealed, arguing that Lee and Hamilton Co., Ltd. were guilty, after reviewing the records, we find the first trial's judgment to be reasonable," and added, "The appeal claiming the sentence is too lenient is also dismissed, as the sentencing in the original trial is appropriate when considering all sentencing factors."
The Hamilton Hotel was brought to trial on charges of installing illegal structures around the main building and occupying the road without permission. In particular, it was pointed out that the temporary wall installed by the hotel during the 2022 Itaewon disaster narrowed the width of the alley, which contributed to the increased casualties.
In the first trial in November 2023, the court found the hotel guilty of illegal extensions, such as the terrace at the back of the main building. However, regarding the western temporary wall of the hotel, which was directly related to the Itaewon disaster, the court stated, "The road width was reduced from 6 meters to 3.6 meters, which appears to have caused significant disruption to traffic," but acquitted the defendant, citing the possibility that they were unaware of the building line encroachment.
In addition to Lee, Ahn, the CEO of the nearby bar 'Bronze,' was fined 5 million won, and Park, the owner of 'Frost,' was fined 1 million won. The hotel operating corporation Hamilton Tourism and the tenant corporation District were each fined 8 million won and 1 million won, respectively.
At the sentencing hearing in the appellate trial last month, the prosecution had sought a one-year prison sentence for Lee, and eight months each for Ahn and Park.
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