Kim Se-hee, the operator of the YouTube channel Garoseyro Institute, has been fined for illegal possession of a replica firearm and for making defamatory remarks against lawyer Kang Yong-seok.
On June 3, the Seoul Central District Court's Criminal Appeal Division 5-2, presided over by judges Kim Yong-jung, Kim Ji-sun, and So Byeong-jin, imposed a fine of 5 million won on Kim for violations of the Firearms and Explosives Act and defamation.
The appellate court consolidated two separate defamation cases and one violation of the Firearms and Explosives Act for its ruling. In the first trial, Kim was fined a total of 6 million won, with 2 million won for each incident.
Kim was accused of purchasing two replica firearms at a survival goods store in Gangnam, Seoul, in October 2021 and modifying them with a color part to shoot an advertising video in February 2022.
Color parts are plastic components that cover the muzzle and barrel in bright colors like orange or yellow to prevent confusion with real firearms. According to the Firearms and Explosives Act, possessing a replica firearm that closely resembles a real gun is prohibited, and tampering with color parts can also lead to penalties.
In the first trial, Kim denied the charges, arguing that possessing the replica firearm for four hours on private property for an advertisement did not increase social risk.
Other YouTubers who used replica firearms to create videos were not prosecuted, raising concerns about fairness.
The first trial court ruled that the firearms possessed by Kim were recognized by the Firearms and Explosives Safety Technology Association as having a high potential for criminal misuse due to their resemblance to real guns, stating, "It cannot be said that this does not increase social risk."
The court also dismissed Kim's claims that the lack of prosecution against other YouTubers violated his right to equality.
The appellate court noted, "Whether the modification was illegal and whether it increased social risk are irrelevant to the fact that possessing a replica firearm during an advertisement shoot constitutes a legal violation. Given that Kim could have legally possessed a firearm with permission, his actions cannot be considered justifiable."
Additionally, Kim faces charges of defaming Kang Yong-seok in December 2023 by stating on his YouTube channel, "He must be sent to prison without exception."
The first trial found Kim guilty on two counts of defamation, and the appellate court upheld this decision.
Meanwhile, Kim was arrested on May 26 for allegedly spreading false information regarding the cause of death of actress Kim Sae-ron, claiming it was due to financial pressure from actor Kim Soo-hyun. He subsequently applied for a detention review, but the court rejected his request, stating there was no basis for the claim.
* This article has been translated by AI.
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