The PRC government sentenced Sun Zhiming (孙志明, who wrote under the alias Sun Daluo (孙大骆)) to one year imprisonment for the crime of "disturbing the peace" (寻衅滋事, also translated as "picking quarrels and provoking troubles") for authoring, publishing, and sharing political books and articles that, according to the court, contained "fake information" about Mao Zedong, Xi Jinping, and the Communist Party.
Some noteworthy aspects of the judgment:
- The court did not provide any examples of what it had deemed "fake information."
- The court did not provide any examples of how Sun's publications had "disturbed the peace."
- According to the judgment, Sun did not publish anything in mainland China, only distributed his publications inside mainland China through individual copies and private channels (e.g., private WeChat groups).
- The two main books cited in judgment - "A History of the Political Machinations of Mao Zedong" and "A History of the Political Machinations of Xi Jinping" - were published outside of mainland China in 1998 and 2015, respectively. The government determined retroactively that these were "banned publications" under the "Regulations on the Administration of Publishing."
- One of the articles cited in the judgment, and apparently the last on Sun published before his arrest - "The Cruelty of the CCP's Power Struggle" (中共权力斗争残酷表) - is just a (seemingly accurate) list of government officials jailed in the wake of the Bo Xilai scandal.
- Another article cited in the judgment - "Xi Jinping Enters the Underground Command Post to Prepare for Nuclear War" (习近平进入地下指挥所准备核战争) - claimed that the Xi's failure to appear publicly for 10 days was not due to illness, as reported in foreign media, but rather because "The top leaders of the Chinese Communist Party judged that US President Trump might provoke a war before stepping down and might launch nuclear weapons at cities such as Beijing in China."
- A third article cited in the judgment - "Mao Zedong Set a Trap to Murder Lin Biao" (毛泽东下套谋杀了林彪) - is an essay critiquing "A Reexamination of the September 13 Incident" (林彪事件再考察) by Xiao Gongqin (萧功秦), a history professor with Shanghai Normal University.
People’s Court of the Shenyang Economic and Technological Development Zone
Criminal Judgment
(2021) Liao 0191 First Instance No. 250
The public prosecution agency was the People's Procuratorate of the Shenyang Economic and Technological Development Zone.
Defendant Sun Zhiming (pseudonym Sun Daluo), male, born [INTENTIONALLY OMITTED], 1957, Identification No. [INTENTIONALLY OMITTED], Han ethnicity, high school education, unemployed, household registration [INTENTIONALLY OMITTED], Tiedong District, Anshan City, Liaoning, currently residing at [INTENTIONALLY OMITTED], Lishan District, Anshan City, Liaoning. On June 23, 2021, he was taken into criminal detention in connection with this case by the Economic and Technological Development Zone Precinct of the Public Security Bureau of Shenyang. On July 31 of the same year the Economic and Technological Development Zone Precinct of the Public Security Bureau of Shenyang carried out an arrest. He is currently being held in detention at the Shenyang No. 1 Detention Center.
Defense counsel Yang Jianming is a lawyer from Liaoning Ancheng Law Firm.
In the Shen Kai Procuratorate Criminal Indictment (2021) No. Z241 indictment the People's Procuratorate of the Shenyang Economic and Technological Development Zone charged that defendant Sun Zhiming committed the crime of disturbing the peace, and on November 1, 2021 filed a public prosecution with this Court. This Court formed a collegial panel in accordance with the law and tried this case with hearings in open court. The People's Procuratorate of the Shenyang Economic and Technological Development Zone assigned Procurator Yi Xingliang and Deputy Procurator Zhao Meng to appear in court in support of the prosecution. Defendant Sun Zhiming and his defense counsel Yang Jianming appeared in court to participate in the proceedings. The trial has now concluded.
It was ascertained at trial that between 1998 and 2015 defendant Sun Zhiming wrote "A History of the Political Machinations of Mao Zedong" and "A History of the Political Machinations of Xi Jinping," and these books fabricated facts about real names. Defendant Sun Zhiming contacted foreign publishing houses in Hong Kong, Taiwan, etc. and published them. It was determined that the aforementioned two books contained content prohibited under the provisions of the "Regulations on the Administration of Publishing,” and are banned publications.
Since 2017, defendant Sun Zhiming repeatedly distributed articles and videos which were viewed many times containing fake information and adverse statements relating to politics, such as "The Cruelty of the CCP's Power Struggle," "Xi Jinping Enters the Underground Command Post to Prepare for Nuclear War," and "Mao Zedong Set a Trap to Murder Lin Biao" on foreign websites "Beijing Spring," "Bannedbook.org" and the foreign magazines "Outpost" and "Epoch Times.”
Defendant Sun Zhiming circulated the aforementioned books and magazines containing his articles to many of his friends and relatives in Beijing and Anshan, Liaoning. He also sent links, articles, and pictures containing fake information relating to politics and adverse statements relating to politics to the WeChat group “One Family (Two Coasts)” and many WeChat and QQ friends through the Internet, disrupting social order.
The aforementioned facts were proven by the following evidence submitted by the public prosecution agency and examined in court:
1.
(1) The Permanent Population Basic Information forms, Employee Registration forms, telephone inquiry records, etc., proved: Defendant Sun Zhiming had reached the age of criminal responsibility and has the capacity to bear full criminal responsibility, his work history, and that defendant Sun Zhiming had no criminal record.
(2) The Case Source and Apprehension Process proved: The circumstances of the case and the fact that defendant Sun Zhiming was arrested by the public security agency on June 23, 2021 at No. 5-6, Building 3, Lishan Jinyuan Community, Lishan District, Anshan City, Liaoning.
(3) The Jurisdiction Designated Decision proved: The Public Security Bureau of Liaoning designated the Public Security Bureau of Shenyang to have jurisdiction over this case. The Public Security Bureau of Shenyang designated the Development Zone Precinct to have jurisdiction over this case. The People's Procuratorate of Liaoning designated the People's Procuratorate of the Shenyang Economic and Technological Development Zone to have jurisdiction over this case.
(4) WeChat group and WeChat chat screenshots proved: The WeChat group named One Family (Two Coasts) had 14 people. Sun Daluo repeatedly sent fake information as well as adverse statements relating to politics containing fabricated content about China's politics, regime, and leaders to these WeChat groups. Sun Daluo repeatedly sent fake information as well as adverse statements relating to politics containing fabricated content about China's politics, regime, and leaders to Liu Fei, Fang Lihao, Wang Hui, Xu Shouwen, and others through WeChat.
(5) The list of Sun Zhiming's articles on Beijing Spring's website proved: From 2017 to 2021, defendant Sun Zhiming distributed 71 articles under the pseudonym Sun Daluo relating to politics on Beijing Spring's website, including "The Cruelty of the CCP's Power Struggle."
(6) Articles distributed by Sun Daluo on Bannedbook.org proved: Sun Daluo distributed 18 articles on Bannedbook.org, including "How to get rid of Xi Jinping" and "350,000 PLA Troops Attack Taiwan" and other reactionary political rumors.
(7) The cross-straits express parcel postal bill and the New Era magazine proved: The recipient was Sun Daluo, the address was 167 Shengli North Road, Anshan City, Liaoning, Lishan Jinyuan, Attn: Sun Daluo, the phone number was [INTENTIONALLY OMITTED]; the New Era magazine contained articles written by Sun Daluo titled "Xi Pre-Deploys Wang Xiaohong to Take Charge of Public Security and Justice" and "China Has Politics and Elders, But No Political Elders."
(8) The covers and contents of the book "A History of the Political Machinations of Xi Jinping," the manuscripts of "Xi Jinping's Spiritual Personnel History," "How Could Xi Jinping Not Choose a Successor?," "The Americans Finally Made Their Debut And Called On Li Keqiang And Wang Yang To Overthrow Xi Jinping," "The CCP County Party Secretary's Report On The Corruption Of The Previous Secretary Fell On Deaf Ears," "The Cruelty of the CCP's Power Struggle," "A History of the Political Machinations of Xi Jinping," "A History of the Political Machinations of Mao Zedong," "When Western Philosophy Suppresses Chinese Thought," and “The Truth and Reasons for the Failed Battles of the War of Resistance Against Japanese Aggression" proved: Defendant Sun Zhiming used the pseudonym Sun Daluo to distribute many articles and books containing fabricated content about China's politics, regime, and leaders.
(9) The Xiafei International Publishing Company Contract and Copyright Agreement proved: On September 19, 2008, Sun Zhiming signed a copyright agreement with Hong Kong Xiafei Publishing Co., Ltd., "A History of the Political Machinations of Mao Zedong" was published by Xiafei Publishing Co., Ltd., and 90% of the profits belonged to Sun Daluo. On June 9, 2015, Sun Zhiming signed a contract with Hong Kong Xiafei Publishing Co., Ltd., stipulating that Sun Zhiming would provide the manuscript of "A History of the Political Machinations of Xi Jinping," Xiafei would pay Sun Zhiming HK$30,000, and give Sun Zhiming 20 copies of the book.
(10) The search warrant, Seizure Decision, List of Seized Items, etc. proved: The public security agencies searched Sun Zhiming's house located at Room 506, Building 3, No. 121, Lishanjinyuan, Lishan District, Anshan City, Liaoning, and seized his mobile phone, USB flash drive, manuscripts, books, CDs and other items. [REDACTED IN ORIGINAL] "A History of the Political Machinations of Mao Zedong,” "A History of the Political Machinations of Xi Jinping,” ”When Western Philosophy Suppresses Chinese Thought," [REDACTED IN ORIGINAL].
2.
(1) Witness Cao Dai, the owner of the WeChat group "One Family (Two Coasts)" proved: The WeChat group "One Family (Two Coasts)" had 14 members including Wang Hui, Sun Zhiming, Zhang Yan, etc. It was established in 2017. Sun Zhiming repeatedly posted articles signed by Sun Da in the WeChat group that were hostile to the State and and the government, and that opposed State policies, and made irresponsible comments about government officials, as well as images of articles distributed in "Outpost" magazine. He sent Cao Dai many articles opposing State policies and making irresponsible comments about government officials through WeChat.
(2) Witness Zheng Rongcheng proved: The WeChat group "One Family (Two Coasts)" then had 14 members. Sun Zhiming repeatedly posted sensationalist and eye-catching articles, pictures, and links to Zheng Rongcheng in the WeChat group and to Zheng Rongcheng personally.
(3) Witness Wang Hui proved: The WeChat group "One Family (Two Coasts)" had 14 people including Wang Hui, Sun Zhiming, Zhang Yan, etc. Sun Zhiming promoted his own books in the WeChat group and sent some made-up rumors to Wang Hui through WeChat.
(4) Testimony of witness Liu Yanzhi proved: The fact that the WeChat group of “One Family (Two Coasts)” had 14 members.
(5)Testimony of witness Liu Cuiping proved: The WeChat group “One Family (Two Coasts)” had more than 10 members.
(6) Testimony of witness Wang Wenbin proved: Sun Zhiming gave Wang Wenbin two books at a literary gathering, one was "A History of the Political Machinations of Mao Zedong" and the other was "The Anti-Japanese War.”
(7) Testimony of witness Mi Yimin proved: Sun Zhiming presented Mi Yimin with a book he wrote, and sent negative articles to Mi Yimin through WeChat that fabricated fake information about leaders.
(8) Testimony of witness Yang Deyi proved: Sun Zhiming circulated his books "A History of the Political Machinations of Mao Zedong" and "A History of the Political Machinations of Xi Jinping" to everyone at a literary gathering, and sent fabricated fake information and negative articles written by him on Bannedbook.org and "Outpost" magazine to Yang Deyi through WeChat to smear China.
(9) Testimony of witness Su Shengwei proved: Sun Zhiming circulated his "A History of the Political Machinations of Mao Zedong" and "A History of the Political Machinations of Xi Jinping" to everyone at a literary gathering, and sent text documents containing concocted facts and denigrating China and leaders to Su Shengwei via WeChat.
(10) Testimony of witness Xu Chaoyang proved: Xu Chaoyang and Sun Zhiming were QQ friends. When Xu Chaoyang browsed "Bannedbook.org" by climbing-the-wall, he saw Sun Daluo's article on Xi Jinping's political history, and then exchanged his thoughts with Sun Zhiming.
(11) Testimony of witness Sun Zhigang proved: Sun Zhiming had shown him Sun Zhiming's "A History of the Political Machinations of Mao Zedong" and "The Truth and Causes of the Failed Battles in the Anti-Japanese War" in person, and had sent Sun Zhigang an article written by Sun Zhiming in the "Outpost" magazine about Tianjin Party Secretary Li Hongzhong through WeChat. Sun Zhigang believed that what Sun Zhiming wrote was entirely made-up and without basis.
(12) Testimony of witness Sun Dong proved: Sun Zhiming sent photos and a brief introduction of Xi Jinping's political history and some negative current events to Sun Dong via WeChat, and Sun Dong forwarded them to his WeChat friends.
(13) Testimony of witness Fang Lihao proved: Sun Zhiming showed Fang Lihao the manuscript of his book "When Western Philosophy Suppresses Chinese Thought" before it was published, and the manuscript of his book "A History of the Political Machinations of Xi Jinping" after it was published, and sent Fang Lihao articles signed by Sun Zhiming on the promotion of senior Chinese leaders, personnel changes, and personnel analysis via WeChat.
(14) Testimony of witness Xu Shouwen proved: Sun Zhiming had sent Xu Shouwen an article containing fake information and denigrating China’s leaders via WeChat.
(15) Testimony of witness Zhang Man proved: Sun Zhiming once let Zhang Man read the books he had written;
(16) Testimony of witness Wang Liyan, wife of Sun Zhiming proved: Sun Zhiming had taken Wang Liyan to travel to Hong Kong and Taiwan.
3. Defendant Sun Zhiming’s statements proved: Defendant Sun Zhiming used a fictitious writing style to write "A History of the Political Machinations of Mao Zedong" and "A History of the Political Machinations of Xi Jinping," which were published by foreign publishing houses. He also distributed books and articles on foreign websites many times that were unfounded, concocting fake information and vilifying China and State leaders, and also spread the contents of the above books and articles to others through the Internet and other channels.
4. The Press and Publication Bureau of Liaoning’s Forensic Opinion on the two books "A History of the Political Machinations of Mao Zedong" and "A History of the Political Machinations of Xi Jinping," proved: After reviewing the two publications, the forensic personnel determined that "A History of the Political Machinations of Mao Zedong" and "A History of the Political Machinations of Xi Jinping" contained contents prohibited as provided in Articles 25 and 45 of the "Regulations on the Administration of Publishing,” and were banned publications.
5. Electronic evidence examination records proved: The public security agencies collected Sun Zhiming's QQ account number 19648988, nicknamed Bobo (UFO), QQ account number 496704871, nicknamed Sun Dasheng, three WeChat accounts with the WeChat nicknames Sun Daluo, Sun Daluo, and Qitian Dasheng, and two QQ email addresses with the nicknames Qitian Dasheng and Sun Beijing;
6. Audio-visual materials and electronic data proved: The public security agencies extracted the content of Sun Zhiming's mobile QQ number and WeChat account. After inspection, the QQ number nicknamed Sun Dasheng had sent a photo of the author of Xi Jinping's history of power politics to his friends Little Woman and Big Heart on June 17, 2020. On August 31, 2020, he chatted with his friend Air and sent pictures of the covers and author profile pages of three books he had distributed. On April 8, 2020, he chatted with his friend Nian Nian Zhi Gui about a book written by Sun Zhiming. On June 22, 2021, a WeChat account with the nickname Monkey King sent a message to his WeChat friend Tian Shen, saying that China no longer has any secrets to keep and the CCP is doomed. On September 29, 2019, he sent a message to his WeChat friend Xianyunyehe, forwarding Qin Kejiang’s chat history (the content was about Wang Lijun’s death, and included comments on Bo Xilai and Wang Lijun). On September 16, 2019, a WeChat account with the nickname Sun Daluo sent a Word document titled Reflections on June 4th from a Strategic Perspective (1) to his WeChat friend Zhan Duizhang. The document commented on the reasons why the June 4th movement failed, the eternal spirit of June 4th, and the stupidity of the form June 4th took.On September 23, 2019, he sent a Word document titled "The Trial of Mao Zedong is Not Over Yet" by biographer Ye Yonglie to his WeChat friends War Captain. On October 9, 2019, he sent a file to WeChat friend Dong Zhaoxuan, saying that Xi Jinping's military parade may burn 15 billion yuan to boost funds, which would have serious consequences. The "1004.txt" on the Aboluowang News Network on October 3, 2019 contained multiple commentary articles on the military parade. On October 9, 2019, he sent a file named 1004.txt to his WeChat friends FBA, Thinking Reed, Cao, and Liu Shangjun. The content was the same as above. On September 23, 2019, he sent a text to WeChat friend Sun Xiaobo about how to retrieve the content of Sun Daluo’s Beijing Spring article on how Li Peng became prime minister. On September 27, 2019, he sent a file named "hrd.txt" to his WeChat friends Shenzhen Gaosheng, Xu Shouwen, and Liu Fei. The content of the file was about the death of Ye Xuanning and Ye Xuanping, two members of the second generation of the Red Army, and the decline of Ye Jianying's family. On September 23, 2019, he sent a Word document titled "The Trial of Mao Zedong is Not Over Yet" to his WeChat friend Liu Fei. On September 24, 2019, he sent a file named "i(2).pdf" to Liu Fei. The file contained a 254-page book titled “Mao Zedong’s Collaboration with the Japanese Army.” The WeChat account nicknamed "The Monkey King" contained articles relating to politics, such as Xi Jinping's history of political power, the struggle between Mao's rule and the Party's rule, Mao Zedong's little-known stories, Zhou Enlai in his later years, and the bloody battle of Songhu.
The aforementioned facts have been confirmed by the following evidence presented and examined in court, and are sufficient to make a determination.
This Court finds defendant Sun Zhiming authored prohibited publications, fabricated fake information, and while clearly knowing it was fabricated fake information, nevertheless used network transmission and other means to disseminate fake information, undermining social order, creating an adverse social influence. His actions constitute the crime of disturbing the peace. The public prosecution agency’s charges are established, and are supported by this Court. In light of the fact that defendant Sun Zhiming showed a relatively good penitent attitude, and in addition this is his first offense, therefore this case can be tried applying confession of guilt and acceptance of punishment and a show of leniency. Taking these into consideration in sentencing, defense counsel’s opinion that he be given a lighter punishment is adopted by, this Court. In summary, in accordance with the provisions of Articles 293, 67(3), and 64 of the “Criminal Law of the People’s Republic of China” and Article 4 of the “Interpretation Regarding Certain Questions About the Specific Laws to be Used in Adjudicating Criminal Cases of Illegal Publications,” the judgment is as follows:
1. Defendant Sun Zhiming committed the crime of disturbing the peace and is sentenced a fixed term imprisonment of one year (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 June 23, 2021 to June 22, 2022).
2. The seized paper notebooks, 7 books, 2 CDs, 1 book, 5 mobile phones, 2 USB flash drives, and 4 photos shall be confiscated in accordance with the law.
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 Shenyang, Liaoning. A written appeal should be submitted with one original and one copy of the appeal brief.
Chief Adjudicator Yang Song
Adjudicator Wang Zhiyong
Adjudicator Zhou Ji
December 2, 2021
Judge’s Assistant He Wei
Clerk Wan Long
沈阳经济技术开发区人民法院
刑事判决书
(2021)辽0191初250号
公诉机关沈阳经济技术开发区人民检察院。
被告人孙志明(笔名孙大骆),男,1957年[INTENTIONALLY OMITTED]出生,身份证号码[INTENTIONALLY OMITTED],汉族,高中文化,无业,户籍地辽宁省鞍山市铁东区[INTENTIONALLY OMITTED]7,现住辽宁省鞍山市立山区[INTENTIONALLY OMITTED]。因本案于2021年6月23日被沈阳市公安局经济技术开发区分局刑事拘留;同年7月31日被沈阳市公安局经济技术开发区分局执行逮捕。现羁押于沈阳市第一看守所。
辩护人杨建明,辽宁安成律师事务所律师。
沈阳经济技术开发区人民检察院以沈开检公诉刑诉(2021)Z241号起诉书指控被告人孙志明犯寻衅滋事罪,于2021年11月1日向本院提起公诉。本院依法组成合议庭,公开开庭审理了本案。沈阳经济技术开发区人民检察院指派检察官伊兴良、检察官助理赵梦出庭支持公诉。被告人孙志明及其辩护人杨建明到庭参加诉讼。现已审理终结。
经审理查明,被告人孙志明于1998年至2015年期间,撰写了《毛泽东权术史》、《习近平权术史》,该书记载真实姓名方式虚构事实。被告人孙志明与香港、台湾等境外出版机构联系并出版。经认定,上述2种图书含有《出版管理条例》规定的禁止性内容,系违禁出版物。
自2017年以来,被告人孙志明在境外网站“北京之春”、“禁书网”和境外杂志《前哨》、《新纪元》上多次发表《中共权力斗争残酷表》、《习近平进入地下指挥所准备核战争》、《毛泽东下套谋杀了林彪》等多篇含有虚假涉政信息、负面涉政言论等内容的文章及视频,被多人次浏览。
被告人孙志明分别在北京市、辽宁省鞍山市向其多名朋友、亲属传阅其出版的上述书籍和含有其发表文章的杂志。并通过网络向微信群“一家亲(两岸)”,多名微信好友、QQ好友多次发送含有虚假涉政信息、负面涉政言论的链接、文章、图片,破坏社会秩序。
上述事实,有公诉机关提交并经法庭质证的下列证据予以证明:
1.
(1)常住人口基本信息表、职工登记表等、电话查询记录,证明被告人孙志明已达刑事责任年龄,具备完全刑事责任能力,及其工作履历情况,被告人孙志明无前科劣迹;
(2)案件来源、抓捕经过,证明本案案发情况,及被告人孙志明于2021年6月23日在辽宁省鞍山市立山区丽山锦苑小区3号楼5-6号被公安机关抓获的事实;
(3)指定管辖决定书,证明本案系辽宁省公安厅指定沈阳市公安局管辖,沈阳市公安局指定开发区分局管辖;辽宁省人民检察院指定沈阳经济技术开发区人民检察院管辖;
(4)微信群、微信聊天截图,证明群名为一家亲(两岸)的微信群共有14人,孙大骆曾多次向该微信群发送含有捏造中国政治、政权、领导人内容的虚假信息及负面涉政言论。孙大骆曾通过微信多次向刘飞、房黎浩、旺辉、许守文、发送含有捏造中国政治、政权、领导人内容的虚假信息及负面涉政言论;
(5)北京之春网站上孙志明发表文章列表,证明2017年至2021年间,被告人孙志明以孙大骆的笔名在北京之春网站上发表含《中共权力斗争残酷表》等涉政文章71篇;
(6)禁书网网站上孙大骆发表文章列表,证明孙大骆在禁书网网站上发表过18篇含《怎么搞掉习近平》、《共军35万大军攻打台湾》等反动政治谣言;
(7)邮政两岸小包快递单、新纪元杂志,证明收件人为孙大骆,地址为辽宁省鞍山市胜利北路167号丽山锦苑物业转孙大骆,电话[INTENTIONALLY OMITTED];新纪元杂志中作者为孙大骆的名为《习预先部署王小洪待掌公安政法》、《中国有政治有老人却没有政治老人》的文章;
(8)《习近平权术史》书籍、《习近平精神人事史》手稿、《习近平怎么可能不选接班人呢》、《美国人终于粉墨登场号召李克强汪洋推翻习近平》、《中共县委书记举报前任书记腐败石沉大海》、《中共权力斗争残酷表》、《习近平权术史》、《毛泽东权术史》、《当西方哲学压向中国思想》、《抗日战争历次失败战役的真相及其原因》书籍封面及内容,证明被告人孙志明使用孙大骆笔名,发表多篇含有捏造虚假中国政治、政权、领导人内容的文章及书籍;
(9)夏菲尔国际出版公司合同、版权协议书,证明2008年9月19日,孙志明与香港夏菲尔出版有限公司签订版权协议书,《毛泽东权术史》由夏菲尔出版有限公司出版,90%收益归孙大骆所有。2015年6月9日,孙志明与香港夏菲尔出版有限公司签订合同,约定由孙志明提供《习近平权术史》书稿,夏菲尔公司支付孙志明港币3万元,并给孙志明书籍20本;
(10)搜查证、扣押决定书、扣押清单等,证明公安机关依法对孙志明位于辽宁省鞍山市立山区丽山锦苑167-6号121、丽山锦苑小区3号楼506室进行搜查,并对其手机、U盘、手稿、书籍、光盘等物品进行扣押写的[REDACTED IN ORIGINAL]《毛泽东权术史》、《习近平权术史》、《当西方哲学压向中国思想》,[REDACTED IN ORIGINAL]。
2.
(1)证人曹岱,系“一家亲(两岸)”的微信群群主,证明“一家亲(两岸)”的微信群共有王辉、孙志明、张艳等14人,建于2017年,孙志明多次在该微信群中发送署名为孙大的敌对国家、政府,反对国家政策、妄议政府官员的文章,及其在《前哨》杂志上发表文章的图片。通过微信向曹岱发送过多篇反对国家政策,妄加议论政府官员的文章;
(2)证人郑荣城,证明“一家亲(两岸)”的微信群现在共有14人,孙志明多次在该微信群中及向郑荣城个人发送标题党,搏人眼球的文章、图片、链接;
(3)证人王辉,证明“一家亲(两岸)”的微信群共有王辉、孙志明、张艳等14人,孙志明在该微信群推销自己撰写的书籍,并通过微信向王辉发送一些无中生有的谣言;
(4)证人刘艳枝的证言,证明“一家亲(两岸)”的微信群共有14人的事实;
(5)证人刘翠萍的证言,证明“一家亲(两岸)”的微信群共有10几人的事实;
(6)证人王文斌的证言,证明孙志明在文友聚会上送给王文斌两本书一本是《毛泽东权术史》,一本是《抗日战争》;
(7)证人一民的证言,证明孙志明向米一民赠送其写的书,并通过微信向米一民发送编造领导人虚假信息的负面文章;
(8)证人杨德义,证明孙志明在文友聚会上向大家传阅其写的《毛泽东权术史》、《习近平权术史》,并通过微信向杨德义发送其在禁书网、《前哨》杂志上写的捏造虚假信息,抹黑中国的负面文章;
(9)证人苏胜伟的证言,证明孙志明在文友聚会上向大家传阅其写的《毛泽东权术史》、《习近平权术史》,并通过微信向苏胜伟发送含有捏造事实,诋毁中国及领导人的文本文档;
(10)证人徐朝阳的证言,证明徐朝阳与孙志明系QQ好友,徐朝阳翻墙浏览“禁书网”时看到过孙大骆习近平权术史的文章,后与孙志明交流心得:
(11)证人孙志钢的证言,证明孙志明曾当面给孙志钢看其写的《毛泽东权术史》、《抗日战争历次失败战役的真相及其原因》,通过手机微信向孙志钢发送过一篇孙志明在《前哨》杂志上写的关于天津市委书记李鸿忠的文章,孙志钢认为孙志明写的都是没有根据的胡编乱造;
(12)证人孙东的证言,证明孙志明通过微信向孙东发送习近平权术史的照片及简介和一些负面的时事,孙东向自己的微信好友转发过的事实;
(13)证人房黎浩的证言,证明孙志明给房黎浩看过其写的《当西方哲学压向中国思想》出版前的手稿,和出版后的《习近平权术史》,并通过微信向房黎浩发送孙志明署名的内容为中国高层领导人升迁、人事变动、人事分析的文章;
(14)证人许守文的证言,证明孙志明曾通过微信向许守文发送含有捏造虚假信息,诋毁中国领导人的文章;
(15)证人张曼的证言,证明孙志明曾让张曼看其写过的书;
(16)证人王立艳,系孙志明妻子,证明孙志明曾带王立艳到过香港、台湾旅游;
3.被告人孙志明的供述,证明被告人孙志明采用虚构事实的写作方式撰写《毛泽东权术史》、《习近平权术史》,在境外出版机构出版,并多次在境外网站发表无事实根据,捏造虚假信息,污蔑中国及国家领导人的书籍和文章,还将上述书籍、文章等内容通过网络等途径向他人传播的事实;
4.辽宁省新闻出版局关于对《毛泽东权术史》等2种图书的鉴定意见,证明经鉴定人员对《毛泽东权术史》、《习近平权术史》等2种出版物进行审读,认定《毛泽东权术史》、《习近平权术史》2种图书含有《出版管理条例》第二十五条、第四十五条规定的禁止性内容,系违禁出版物;
5.电子证据检查笔录,证明公安机关对孙志明QQ账号为19648988,昵称为波波(UFO)、QQ账号为496704871,昵称为孙大圣的账号,微信昵称为孙大骆、孙大骆、齐天大圣的三个微信号,两个昵称为齐天大圣、孙北京的QQ电子邮箱进行提取;
6.视听资料、电子数据,证明公安机关通过对孙志明的手机QQ号、微信号内容进行提取。经检查,昵称为孙大圣的QQ号于2020年6月17日向好友小女人,大胸怀发送一张习近平权术史作者简述的照片;于2020年8月31日与好友air聊天并发送其发表的三本书封面及作者简介页图片;于2020年4月8日与好友念念知归聊天关于孙志明写的书的讨论。昵称为齐天大圣的微信号于2021年6月22日向微信好友田申发送信息,内含中国已无秘可保,中共的命数已尽等;于2019年9月29日向微信好友闲云野鹤发送信息,转发秦克江的聊天记录(内容王立军之死,含有评论薄熙来、王立军之事的内容)。昵称为孙大骆的微信号于2019年9月16日向微信好友戰隊長发送名为从战略角度反思六四(1)的Word文件,内容为评论六四运动失败的原因,六四的精神永存,六四的形式愚蠢;于2019年9月23日向微信好友戰隊長发送名为对毛泽东的审判还没有结束的Word文件,传记作家叶永烈;于2019年10月9日向为微信好友董兆轩发送文件内容为习近平大阅兵或狂烧150亿给资金打气后果很严重。阿波罗新闻网2019年10月3日讯的“1004.txt”,内含多篇关于大阅兵的评论文章;于2019年10月9日向微信好友FBA、会思考的芦苇、曹、柳尚君发送名为1004.txt的文件,内容与前面一样;2019年9月23日向微信好友孙小波发送一段文字,北京之春孙大骆文章检索李鹏是如何当上总理的及文章内容;于2019年9月27日向微信好友深圳高生、许守文、刘飞发送名为“hrd.txt”的文件,文件内容为红二代独服叶选宁叶选平去世与叶剑英家族凋零;于2019年9月23日向微信好友刘飞发送名为对毛泽东的审判还没有结束的Word文件;于2019年9月24日向刘飞发送名为“i(2).pdf”的文件,文件内容为一本名为毛泽东勾结日军的书籍,共254页。昵称为齐天大圣的微信号中收藏了习近平权术史的手稿、毛天下与党天下之争、毛泽东鲜为人知的故事,晚年周恩来、淞沪大血战等涉政文章;
以上证据,经庭审质证,查证属实,足以认定。
本院认为,被告人孙志明撰写违禁刊物,编造虚假信息,且明知是编造的虚假信息,仍通过网络传播等方式散布虚假信息,破坏社会秩序,造成恶劣社会影响,其行为已构成寻衅滋事罪。公诉机关指控罪名成立,本院予以支持。鉴于被告人孙志明认罪态度较好,且系初犯,以及本案适用认罪认罚从宽制度审理,量刑时均予以考虑。对辩护人提出的从轻处罚的意见,本院予以采纳。综上,依照《中华人民共和国刑法》第二百九十三条、第六十七条三款、第六十四条、《关于办理寻衅滋事刑事案件适用法律若干问题的解释》第四条的规定,判决如下:
一、被告人孙志明犯寻衅滋事罪,判处有期徒刑一年;(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2021年6月23日起至2022年6月22日止。)
二、扣押之纸质笔记本7本,光盘2张,书籍1本,手机5部,U盘2个,照片4张,依法予以没收。
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辽宁省沈阳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,副本一份。
审判长 杨松
审判员 王智勇
审判员 周骥
二〇二一年十二月二
法官助理何伟
书记员万龙
