Monday, February 27, 2017

Woman Sentenced to 18 Months Imprisonment for Tencent QQ Posts That Insulted Leaders and Policies

According to a judgment issued by the Jinzhou People's Court in December 2016 (translated below) a defendant, identified only as "Ms. Li," was sentenced to 18 months imprisonment for posting information Tencent's QQ service that "spread rumors, stirred up trouble, confused public opinion, seduced the public, triggered severe chaos in public order, and exhibited a certain social perniciousness." Ms. Li was convicted of disturbing the peace (寻衅滋事 - often literally translated as "picking quarrels and provoking troubles"). The court did not specify what Ms. Li posted or how it created "severe chaos." The court did say that it included images and text that "insulted and vilified foreign and domestic heads of state, national leaders, and national religious policies as well as false information about major domestic incidents."

The original decision is available on the court's website here: http://wenshu.court.gov.cn/content/content?DocID=1ccfa0b5-befa-40e4-8491-79e0e3bad61c

Ms. Li Committed the Crime of Disturbing the Peace
Judgment in the Court of First Instance

Jinzhou Municipal People's Court
Hebei Province

Criminal Judgment
(2016) Jin 0183 Criminal First Instance No. 251

Public Prosecutorial Agency Jinzhou Municipal People's Procuratorate.
Defendant Ms. Li, female, Han, civilian, middle school education. Subject to criminal detention on October 20, 2016 by the Jinzhou Municipal Public Security Bureau on suspicion of committing the crime of disturbing the peace. Arrested on November 2 of the same year. Currently being held in the Shijiazhuang No. 2 Detention Center.

In the Public Prosecution Indictment Document No. 201[2016] the Jinzhou Municipal People's Procuratorate charged the defendant Ms. Li with the crime of disturbing the peace, and filed an indictment with this court on December 7, 2016. This court conducted a single adjudication using expedited procedures and held a hearing in open court. The  Jinzhou Municipal People's Procuratorate assigned Procurator Zhang Wenhao to appear in court in support of the indictment, and the defendant Ms. Li appeared in court to participate in the trial. Hearings have now concluded.

Based on hearings it has been determined that since 2015 the defendant Ms. Li used her own QQ numbers 158***7886 (nicknamed "The Buddha is Indeterminate"), 302***9936 (nicknamed "Endure Humiliation and Return to Emptiness") and 330***5569 (nicknamed "Illusive Dreams") to join dozens of "Zhennan QQ Groups," and repost images and articles about "Zhennan." In 2016 Ms. used the QQ number 158***7886 to launch a "Zhennan QQ Group" and used QQ's friend search functionality to add over 100 people into the group, and reposted images and articles regarding "Zhennan" with the intent of letting more people get to know Buddhist doctrine. Ms. Li then proceeded to repost text images to her QQ Space with content that insulted and vilified foreign and domestic heads of state, national leaders, and national religious policies as well as false information about major domestic incidents, thereby confusing public opinion and allowing Internet users to browse, like, and comment.

Ms. Li did not refute the foregoing facts in court, and supplementary evidence offered as proof included the Jinzhou Municipal Public Security Bureau's case records and decision to filed charges, the defendant's cell phone used in the case which was confiscated by the Jinzhou Municipal Public Security Bureau, three CD-ROMs tracking the progress of the case, and three images of portions of a QQ Space produced by the Jinzhou Municipal Public Security Bureau's Public Information Network Security Supervision Task Force. The foregoing evidence was subject to cross-examination and determined to be acceptable.

This court finds that that Ms. clearly knew that the images and articles reposted in the "Zhennan QQ Group" had content that insulted and vilified foreign and domestic heads of state, national leaders, and national religious policies as well as false information about major domestic incidents, and nevertheless reposted them to her own QQ Space. Internet users browsed, liked, and commented on them, spread rumors, stirred up trouble, confused public opinion, seduced the public, triggered severe chaos in public order, and exhibited a certain social perniciousness. Her behavior constitutes the crime of disturbing the peace, and should be punished.

The public prosecutorial agencies charge that the defendant Ms. Li committed the crime of disturbing the peace is amply supported by clear facts and reliable evidence, and the crime she has been accused of is affirmed.

In court The defendant Ms. Li demonstrated a fairly good attitude in acknowledging her crime, and taking this into consideration her punishment may be reduced.

On the basis of Article 293 of the Criminal Law and the Article 5 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate Regarding Certain Questions About Applicable Law When Dealing With Criminal Cases Whereby Information Networks are Utilized to Commit Defamation and Other Crimes" it is hereby held:

1. The defendant Ms. Li committed the crime of disturbing the peace, and is sentenced to 1 year and six months imprisonment. The sentence is to be calculated from the date of execution of this judgment, with the sentence to be reduced by one day for each day that she was in custody prior to the execution of this judgment. Therefore it shall run from October 20, 2016 to April 18, 2018.

2. The Vivo cell phone used in this case is confiscated and turned over to the state treasury.

If she does not agree with this judgment she may appeal to this court or directly to the Shijiazhuang Municipal Intermediate People's Court within 10 after the day after receiving this judgment. Written appeals should be submitted with one original and three copies.

Judicial Officer Li Shuangli

December 23, 2016

Clerk Shi Yaqian


李某犯寻衅滋事罪一审刑事判决书

河北省晋州市人民法院
刑 事 判 决 书
(2016)冀0183刑初251号

公诉机关晋州市人民检察院。
被告人被告人李某,女,汉族,群众,初中文化。2016年10月20日因涉嫌寻衅滋事罪被晋州市公安局刑事拘留,同年11月2日被依法逮捕。现羁押于石家庄市第二看守所。

晋州市人民检察院以晋检公诉刑诉[2016]201号起诉书指控被告人李某犯寻衅滋事罪,于2016年12月7日向本院提起公诉。本院依法适用简易程序,实行独任审判,公开开庭进行了审理。晋州市人民检察院指派检察员张文浩出庭支持公诉,被告人李某到庭参加诉讼。现已审理终结。

经审理查明,2015年以来,被告人李某将自己的QQ号158***7886(昵称:佛不是定)、302***9936(昵称:忍辱归空)、330***5569(昵称:梦幻泡影)分别加入几十个”真南QQ群”,转发有关”真南”的图片和文章。2016年被告人李某用QQ号158***7886开通了”真南QQ群”的群,并通过QQ好友搜索功能添加好友约100多人并拉入群内,在群内转发关于”真南”的图片和文章意图让更多人认识到佛法。李某将含有辱骂、诋毁国内外国家元首、国家领导人、国家宗教政策等内容的文字图片及涉及国内重大事件虚假信息转发到自己的QQ空间,混淆视听,供网友浏览、点赞及评论。

上述事实,被告人李某在庭审中亦无异议,且有晋州市公安局受案登记表、立案决定书,晋州市公安局扣押的被告人作案用的手机,随案移交的光盘三张,晋州市公安局公共信息网路安全监察大队出具的三个QQ号空间的部分图片等证据在案佐证,以上证据,相互印证,足以认定。

本院认为,被告人李某明知”真南QQ群”里转发的图片和文章含有辱骂、诋毁国内外国家元首元首、国家领导人、国家宗教政策和国内重大事件的虚假信息的内容,还转发到自己的QQ空间,并有网友浏览、点赞及评论,散布谣言,起哄闹事,混淆视听,蛊惑群众,引发公共秩序严重混乱,具有相当的社会危害性,其行为已构成寻衅滋事罪,应予惩处。公诉机关指控被告人李某犯寻衅滋事罪的事实清楚,证据确实、充分,指控罪名成立。庭审中,被告人李某认罪态度较好,可酌情从轻处罚。根据本案的犯罪事实,犯罪性质、情节以及对于社会的危害性,依照《中华人民共和国刑法》第二百九十三条、《最高人民法院最高人民检察院关于办理利用信息网络实施诽谤等刑事案件适用法律若干问题的解释》第五条之规定,判决如下:

一、被告人李某犯寻衅滋事罪,判处有期徒刑一年零六个月。
(刑期从判决执行之日起计算。判决执行前先行羁押的,羁押一日折抵刑期一日。即自2016年10月20日至2018年4月19日止。)

二、作案工具vivo手机一部予以没收,上缴国库。

如不服本判决,可在接到判决书的第二日起十日内通过本院或直接向河北省石家庄市中级人民法院提出上诉。书面上诉的,应提交上诉状正本一份,副本三份。

审判员  李双利

二〇一六年十二月二十三日

书记员  师亚倩

Translation: Huang Xuqin and Wang Jianbing Inciting Subversion Indictment

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