Garo Sero Institute operator accuses prosecution of evidence manipulation

During a third pretrial hearing on the 28th, Kim Se-ui challenged the legitimacy of his arrest and applied for bail, claiming the prosecution excluded an "undeterminable" National Forensic Service verdict regarding AI voice manipulation from his indictment.

Kim Se-ui, the operator of the YouTube channel Garo Sero Institute who was arrested and indicted on charges of spreading false information regarding actor Kim Soo-hyun, expressed intense dissatisfaction toward the prosecution in court. He questioned the investigation and indictment process, pointing out discrepancies between the contents of the arrest warrant and the actual indictment. While Kim's side has applied for bail, the prosecution countered that the purpose and the entities drafting the arrest warrant and the indictment are different, leading to a legal battle.

On the 28th, the 26th Criminal Division of the Seoul Central District Court (Presiding Judge Lee Hyeon-gyeong) held the third pretrial hearing for Kim Se-ui, who was arrested and indicted on charges including violations of the Information and Communications Network Act (defamation). During the hearing, Kim's legal representatives applied for bail, emphasizing that there is no risk of the defendant destroying evidence or fleeing. They also argued that many parts of the written opinion regarding the bail application are untrue and need to be corrected.

The most intense point of contention in court was the difference in factual details recorded in the arrest warrant and the indictment. Kim's side repeatedly pointed out that the prosecution excluded certain details from the indictment that were included in the arrest warrant. Their logic is that if certain facts were omitted from the indictment due to insufficient proof, they should also have been excluded as grounds for arrest. Based on this, Kim's side questioned the legitimacy of the arrest and argued for the necessity of bail.

Kim's side also claimed that the prosecution has framed him unfairly regarding allegations of AI and voice manipulation. They argued that the prosecution is distorting the defendant's claims and is failing to provide proper rebuttals. Criticism regarding the prosecution's investigation process and evidence judgment continued in court, with Kim's side repeatedly asserting that the prosecution is at fault.

In particular, Kim's side pointed out that although the National Forensic Service reached an "undeterminable" verdict regarding whether voice AI was manipulated, the prosecution excluded this information during the indictment stage. Kim's side claims they raised questions regarding this judgment, but the prosecution has not provided sufficient answers. However, this is a position raised by the defendant's side in court, and the mere assertion does not confirm evidence manipulation or illegality by the prosecution.

The prosecution countered that it is inappropriate to raise issues solely because the contents of the arrest warrant and the indictment differ. The prosecutor emphasized that the two documents are drafted by different entities for different purposes and that the contents of an arrest warrant are not simply transferred to an indictment. The gap between the two sides remained unbridged as Kim's side countered that the prosecutor is the one with the right to request an arrest warrant.

Since March of last year, Kim Se-ui has used Garo Sero Institute to claim that actor Kim Soo-hyun had a relationship with the late Kim Sae-ron when she was a minor, and that he is also responsible for her death. He held press conferences on behalf of the bereaved family and released materials claiming to be voice recordings of the deceased and KakaoTalk conversations between Kim Soo-hyun and the deceased. Investigative authorities determined that the materials were AI-generated voice files and manipulated KakaoTalk conversations, and Kim Se-ui was arrested in May this year on charges including spreading false information about Kim Soo-hyun.

The legal battle surrounding Kim Soo-hyun has expanded beyond Kim Se-ui's individual trial to investigations into individuals suspected of being involved in the production and distribution of the related materials. GOLDMEDALIST, Kim Soo-hyun's agency, stated in a position paper on the 26th that accomplices involved in the series of acts, such as spreading false information, have been sent to the prosecution after their involvement was recognized. This includes individuals who allegedly impersonated the deceased's mother and aunt.

According to the investigation result notice from the Seoul Gangnam Police Station released by Kim Soo-hyun's side, person A, who impersonated the deceased's mother, and person B, who impersonated the deceased's aunt, were charged with defamation by stating false facts, distribution of filming using cameras, and attempted coercion. In contrast, a decision not to transfer the case was made regarding person C, the deceased's father. It is reported that the police also conducted separate investigations into related individuals who were not originally included in the complaint.

Lawyer D, representing the bereaved family, and YouTube operator E have also been sent to the prosecution. Kim Soo-hyun's side claims that these two individuals led two press conferences using the KakaoTalk conversations and AI voice materials that investigative authorities determined to be false and manipulated. The police applied charges of defamation under the Criminal Act and defamation by stating false facts under the Information and Communications Network Act to D, and charges of distribution of filming using cameras under the Act on Special Cases Concerning the Punishment of Sexual Crimes to E. However, being sent to the prosecution is a stage where the case is handed over based on investigation results and does not mean guilt has been finalized.

GOLDMEDALIST expressed gratitude to the investigative authorities for verifying the facts and identifying the involvement of those concerned based on extensive data and objective evidence. As Kim Se-ui requests bail while questioning the prosecution's evidence judgment and arrest procedures in court, the trial is expected to focus on the authenticity of the released materials, whether the charges of defamation are established, and the scope of responsibility of those involved. Attention is focused on how the conflicting claims of both sides will be resolved through actual evidence and legal judgment.

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