Behind US streamer Johnny Somali’s trial, his mother’s plea and the court's leniency

American YouTuber Johnny Somali, who was sentenced to six months in prison by a Seoul court on Wednesday for a string of offensive antics, had submitted an apology letter and a written petition for leniency from his mother in March, apparently in a bid for a lighter sentence, court records showed.

According to Supreme Court documents, the defendant submitted a written statement expressing remorse on March 17 along with his mother’s plea for leniency on March 23 through his legal representation.

The Seoul Western District Court found him guilty of all charges brought against him -- obstruction of business, along with violations of the Minor Offenses Act and the Sexual Violence Punishment Act -- sentencing him to six months in jail and an additional 20 days of detention and the confiscation of two phones used in the crimes. Citing a risk of flight, the court ordered him taken into custody immediately.

Among his disruptive acts were blasting North Korean music, including its national anthem, in public and dumping out instant noodles at a convenience store in Seoul. The incident that drew the most public outrage was footage of him kissing the Statue of Peace in Itaewon, a symbol of victims of wartime sexual slavery. He was also charged with distributing a deepfake pornographic video featuring himself and a local female YouTuber.

Wednesday’s sentence fell short of prosecutors’ request for a three-year prison term. While the court said Somali had repeatedly targeted unspecified members of the public to generate YouTube revenue, it also cited a lack of serious harm to victims in determining the sentence.

The court appeared to base its reasoning in part on the victims not pushing for him to be punished. During the trial, two victims said they had not been seriously affected by the respective offenses.

“One victim stated that she did not feel significant sexual humiliation from the deepfake video created by Somali,” said Lee Don-ho, an attorney representing one of the victims, during a YouTube livestream after the trial.

Standing in court on Wednesday in a suit and tie, the online personality again pleaded for leniency in his final presentencing statement, saying, “I have family in my home country and miss them deeply. I made a serious mistake and accept that I must take responsibility, but I am still young and hope to be given a chance to start over.”

The prosecutors’ office was contacted for comment on a possible appeal but did not respond as of press time.

Under the Criminal Procedure Act, a defendant can be held in custody for up to six months during the first trial. If the case moves through appeals possibly as far as the Supreme Court, detention may be extended by an additional four to six months at each level, bringing the total possible period of custody to roughly 14 to 18 months.