Translator's Summary: The court found Li guilty on the grounds that he
"made inappropriate statements in posts through WeChat Moments or in
writings on paper hung on the office building of the People's Government
of Tanxi that insulted Party and State leaders and supported 'Hong Kong
Independence.'" The court sentenced Li to prison notwithstanding what
it characterized as his "mild mental retardation" and "limited criminal
capacity for the illegal actions."
People's Court of Pingchang County, Sichuan
Criminal Judgment
(2020) Chuan 1923 Criminal First Instance No. 15
The public prosecution agency was the People's Procuratorate of Pingchang.
Defendant Li Doe, male, born [INTENTIONALLY OMITTED], Han ethnicity, junior high school education, laborer, household registration in Pingchang, Sichuan, currently residing in Pingchang. Taken into criminal detention by the Public Security Bureau of Pingchang on September 5, 2019 on suspicion of committing the crime of disturbing the peace. An arrest was executed on September 30 of the same year. Currently being held in detention at the Pingchang Detention Center.
Guardian Li Doe2, male, born [INTENTIONALLY OMITTED], Han ethnicity, junior high school education, household registration in Pingchang, Sichuan, currently residing in Pingchang, father of defendant Li Doe.
Assigned defense counsel He Yongbi, a lawyer at the Sichuan Baijian Law Firm.
In the Ping Procuratorate Public Prosecution Criminal Indictment (2019) No. 223 indictment the People's Procuratorate of Pingchang charged defendant Li Doe with committing the crime of disturbing the peace, and on January 7, 2020 it filed a public prosecution with this Court. After this Court docketed the case in accordance with the law it applied normal procedures, formed a collegial panel and convened public hearings to try this case. The People's Procuratorate of Pingchang assigned Procurator Zeng Chaofeng to appear in court in support of the public prosecution, and defendant Li Doe, guardian Li Doe2, and his assigned defense counsel He Yongbi appeared in court to participate in the proceedings. The trial has now concluded.
The People's Procuratorate of Pingchang's indictment charged: From July to August 2019, defendant Li Doe, in order to vent his private anger, repeatedly made inappropriate statements in posts through WeChat Moments or in writings on paper hung on the office building of the People's Government of Tanxi that insulted Party and State leaders and supported "Hong Kong Independence." In addition, he repeatedly insulted others by sending short messages or writing notes, which seriously damaged the reputation of the Party and the country, and hurt the feelings of others.
A forensic examination by the Sichuan Southwest Judicial Forensic Center found that defendant Li Doe suffered from mild mental retardation. He had limited criminal capacity for the illegal actions from July to August 2019.
A forensic examination by the Sichuan Southwest Judicial Forensic Center found that the illegal content of defendant Li Doe's writings was written by him.
On September 5, 2019, defendant Li Doe was summoned to address the case by phone and truthfully stated his criminal facts. During the pre-prosecution examination, defendant Li Doe confessed his guilt and accepted punishment, and admitted his criminal facts and willingness to accept punishment.
In order to prove the aforementioned facts, the public prosecution agency produced in court documentary evidence, witness testimony, the defendant's statement, forensic opinions, identification records, and other evidence. The public prosecution agency alleged defendant Li Doe insulted others in order to vent his private anger, causing a pernicious social influence and disrupting social order. His actions were the commission of an offense under the provisions of Article 293 of the "Criminal Law of the People's Republic of China" and should be subjected to criminal liability for the crime of disturbing the peace.
Li Doe is an individual with limited criminal capacity, and surrendered voluntarily, and in accordance with the law may be given a reduced sentence or a lighter punishment. Li Doe confessed his guilt and accepted punishment, and in accordance with the law may be shown leniency. It is recommended that Li Doe be sentenced to a fixed term imprisonment of no more than one year. It is requested this Court pass sentence in accordance with the law.
Defendant Li Doe had no objection to the facts and offense charged by the public prosecution agency, and voluntarily confessed his guilt and accepted punishment.
Guardian Li Doe2 had no objection to the facts and offenses charged by the public prosecution agency against Li Doe, and requested he be shown leniency.
Assigned defense counsel He Yongbi had no objection to the facts and offenses charged by the public prosecution agency against Li Doe, and his main defense was that Li Fe is an individual with limited criminal capacity, he surrendered voluntarily, confessed his guilt and accepted punishment, and asks that Li Doe be shown leniency.
It was ascertained at trial that the facts were consistent with the facts charged by public prosecution agency.
The aforementioned facts were supported by the following evidence, which was sufficient to reach a determination: case registration form, Decision to Open a Case, permanent resident and information forms, the process of how the defendant came into police custody, testimony of witnesses Zhao 1, Li Doe2, Tang, Xiao, Yang, Zhao 2, Zhang 1, Zhang 2 and others, defendant Li Doe's statement and justification, search records, physical evidence in the form of three sheets of paper, screenshots of mobile phone text messages and images of WeChat Moments, the Sichuan Xiaoluyuan Electronic Data Judicial Forensic Institute's Xiaoluyuansijian 2019 (Electronic Examination) No. 188 "Judicial Forensic Opinion Report," the Sichuan Mingzheng Judicial Forensic Institute's Chuanmingzheng (2019) Document Examination No. 7 Judicial Forensic Opinion Report, the Sichuan Southwest Judicial Forensic Center's Chuanxinanjian (2019) Precision Examination No. 0763 Judicial Forensic Opinion Report, defendant Li Doe's typed and handwritten situation explanation and social endangerment situation explanation form, crime scene investigation transcripts and photos, and identification photos.
This Court finds defendant Li Doe insulted others in order to vent his private anger, causing a pernicious social influence and disrupting social order. His actions constitute the crime of disturbing the peace. The offense charged by the public prosecution agency is established.
Defendant Li Doe is an individual with limited criminal capacity, and therefore in accordance with the law he can be shown leniency.
Defendant Li Doe truthfully stated his criminal facts after he was summoned to answer for the case, truthfully confessed his criminal facts and surrendered himself, and therefore in accordance with the law he can be shown leniency.
In order to combat crime and maintain public order, in accordance with the provisions of Articles 293, 18, and 67 of the "Criminal Law of the People's Republic of China" and Article 3(1) of the Supreme People's Court's and People's Procuratorate's "Interpretation on Issues Concerning the Application of Law for Criminal Cases of Disturbing the Peace," the judgment of this Court is as follows:
Defendant Li Doe committed the crime of disturbing the peace, and is sentenced to a fixed term imprisonment of ten months. (The prison term is to be calculated starting on the day the judgment is executed, and each day in custody prior to the execution of the judgment shall count as one day of the prison term, that is from September 5, 2019 to July 4, 2020.)
If any party does not accept this judgment, they may within 10 days after the second day after receiving this written judgment bring an appeal through this Court or directly to the Intermediate People's Court of Baozhong. A written appeal should be submitted with one original and two copies of the appeal brief
Chief Adjudicator He Zhongzheng
People's Assessor Mao Mingrong
People's Assessor Wang Xinhui
April 28, 2020
Clerk Wu Min
四川省平昌县人民法院
刑事判决书
（2020）川1923刑初15号
公诉机关四川省平昌县人民检察院。
被告人李某，男，生于[INTENTIONALLY OMITTED]，汉族，初中文化，务工，户籍所在地四川省平昌县，现住平昌县。因涉嫌寻衅滋事罪，于2019年9月5日被平昌县公安局刑事拘留，同年9月30日被执行逮捕，现羁押于平昌县看守所。
监护人李某2，男，生于[INTENTIONALLY OMITTED]，汉族，初中文化，户籍所在地四川省平昌县，现住平昌县，系被告人李某之父。
指定辩护人何永碧，四川百坚律师事务所律师。
四川省平昌县人民检察院以平检公诉刑诉〔2019〕223号起诉书指控被告人李某犯寻衅滋事罪一案，于2020年1月7日向本院提起公诉，本院受理后依法适用普通程序，组成合议庭公开开庭进行了审理。平昌县人民检察院指派检察员曾朝烽出庭支持公诉，被告人李某、监护人李某2及其指定辩护人何永碧到庭参加诉讼，现已审理终结。
四川省平昌县人民检察院起诉指控：2019年7月至8月，被告人李某为泄私愤，多次在通过微信朋友圈发布或书写在纸上悬挂在坦溪镇人民政府办公楼等方式辱骂党和国家领导人、支持“港独”等不正当言论，并多次以发送短信息或书写字条等方式辱骂他人，严重损害了党和国家的声誉，伤害了他人的情感。经四川西南司法鉴定中心鉴定被告人李某患有轻度精神发育迟滞，对其2019年7月至8月的违法行为为限制刑事责任能力。经四川明正司法鉴定中心鉴定被告人李某所书写的违法内容系本人书写。
2019年9月5日，被告人李某经电话传唤到案，并如实供述了自己的犯罪事实。在审查起诉期间，被告人李某认罪认罚，承认自己的犯罪事实，愿意接受处罚。
为证明上述事实，公诉机关当庭出示了书证；证人证言；被告人的供述；鉴定意见；辨认笔录等证据。公诉机关认为被告人李某为泄私愤随意辱骂他人，造成了恶劣的社会影响，破坏了社会秩序，其行为已触犯《中华人民共和国刑法》第二百九十三条之规定，应当以寻衅滋事罪追究其刑事责任。李某系限制刑事责任能力人，并有自首情节，依法可以减轻或者从轻处罚，李某认罪认罚，依法可从宽处罚。建议判处李某一年以下有期徒刑。提请本院依法判处。
被告人李某对公诉机关指控的事实及罪名均无异议，自愿认罪认罚。
监护人李某2对公诉机关指控李某的事实及罪名均无异议，请求从轻处罚。
指定辩护人何永碧对公诉机关指控李某的罪名及事实均无异议，主要辩护称李某系限制刑事责任能力人，有自首情节并认罪认罚，请求对李某从轻处罚。经审理查明的事实与公诉机关指控的事实一致。
上述事实，有受案登记表、立案决定书、常住人又信息表、到案经过；证人赵某1、李某2、唐某、肖某、杨某、赵某2、张某1、张某2等人的证言；被告人李某的供述及辩解；搜查笔录；物证纸片三张；手机短信截图、微信朋友圈照片；四川效率源电子数据司法鉴定所效率源司鉴2019（电鉴）188号《司法鉴定意见书》、四川明正司法鉴定所川明正［2019］文鉴字第7号司法鉴定意见书、四川西南司法鉴定中心川西南鉴［2019］精鉴字第0763号司法鉴定意见书；被告人李某书写的字迹及情况说明、社会危险性情况说明表；现场勘验笔录及照片、指认照片等证据在案，足以认定。
本院认为，被告人李某为泄私愤随意辱骂他人，造成了恶劣的社会影响，破坏了社会秩序，其行为已经构成寻衅滋事罪，公诉机关指控的罪名成立。被告人李某系限制刑事责任能力人，依法可以从轻处罚。被告人李某经又头传唤到案，并如实供述了自己的犯罪事实，系自首，依法可以从轻处罚。本院为打击犯罪，维护社会公共秩序，依照《中华人民共和国刑法》第二百九十三条、第十八条、第六十七条、最高人民法院、最高人民检察院《关于办理寻衅滋事刑事案件适用法律若干问题的解释》第三条第（一）项之规定，判决如下：
被告人李某犯寻衅滋事罪，判处有期徒刑十个月。
（刑期从判决执行之日起计算。判决执行以前先行羁押的，羁押一日折抵刑期一日。即自2019年9月5日起至2020年7月4日止。）
如不服本判决，可在接到判决书的第二日起十日内，通过本院或者直接向四川省巴中市中级人民法院提出上诉。书面上诉的，应当提交上诉状正本一份，副本二份。
审判长 何中正
人民陪审员 毛明蓉
人民陪审员 王心会
二〇二〇年四月二十八日
书记员 吴敏
