Kim Se Ui, the operator of the YouTube channel Garosero Research Institute, has completely denied the charges against him in his first trial over allegations that he spread false information about YouTuber Tzuyang and exposed her private life.
The Seoul Central District Court’s Criminal Division 20, presided over by Judge Jung Ah Young, held the first hearing on August 13. Kim is facing charges including defamation under the Information and Communications Network Act, violations of the Stalking Punishment Act and threats.
Prosecutors allege that Kim repeatedly produced and distributed provocative content involving Tzuyang’s private life in an effort to generate revenue, including through donations made to his channel.
He is also accused of spreading false claims that Tzuyang had been a perpetrator of school violence without properly verifying the information, despite there being no known record of such conduct. He allegedly threatened her by publishing posts that appeared to suggest additional revelations would be made.
During the hearing, Kim’s attorney denied the allegations. The lawyer argued that the content in question reported on matters concerning Tzuyang’s alleged victimization and therefore should not be considered defamation. The defense also claimed that the indictment had been filed without sufficient evidence establishing whether the statements were true or false.
Regarding the alleged violation of the Stalking Punishment Act, Kim’s lawyer argued that he had never approached Tzuyang directly and had instead only posted content or broadcasts through his own channel. The defense maintained that the content was not something the alleged complainant would have been unable to see without Kim directly approaching her and therefore did not constitute stalking.
Appearing in court wearing a yellow prison uniform, Kim Se Ui was also given an opportunity to speak personally. He claimed that the central point of his broadcasts had been exposing what he described as a serious crime involving YouTubers Jujak Gambyeolsa and Gujeyeok allegedly threatening Tzuyang and extorting money from her.
Kim further criticized the prosecution, saying he found it unfortunate that prosecutors had allegedly inserted an additional false allegation into the case despite the Gangnam Police Station previously deciding not to pursue charges.
Kim’s legal team also requested three witnesses in order to establish the factual circumstances surrounding Tzuyang’s private life that had been discussed during his broadcasts.
The court accepted the request but warned that questions capable of causing secondary harm would not be permitted. The judge also advised the defense to consider withdrawing certain questions if they appeared likely to cause significant additional harm.
Other cases involving Kim Se Ui were also heard in the same courtroom. These included allegations that he defamed Democratic Party lawmaker Ko Min Jung by falsely describing a photograph of her as a “nude” image.
The court also addressed a separate case involving allegations that Kim disclosed letters connected to perpetrators of the Miryang group sexual assault case, as well as another defamation case concerning people associated with the late Pyo Ye Rim, who had previously spoken publicly about school violence.
Kim’s legal team denied those allegations as well, arguing that the broadcasts had not been intended to defame anyone and had instead been produced in the public interest.
The court will hold the next hearing on October 15, when it plans to play and examine videos submitted as evidence.
Meanwhile, Kim Se Ui was indicted and detained in June on charges including defaming actor Kim Soo Hyun. The first hearing in that case is scheduled for August 14.
Kim is accused of using allegedly manipulated KakaoTalk conversation screenshots and fabricated audio recordings in YouTube broadcasts to make it appear that Kim Soo Hyun had been in a relationship with the late Kim Sae Ron while she was still a minor, despite there allegedly being no such relationship during that period.
Sources: Nate