Second instance verdict, internet abusers sentenced! Jiang Ge's Mother v. Lin for Insult and Defamation Case
According to the WeChat official account of Nanping Intermediate People's Court, on August 31, the Intermediate People's Court of Nanping issued a public judgment in the second instance of Jiang Moulian's appeal against Lin Mou for insult and slander, ruling to reject the appeal and uphold the original judgment.
The first instance court found that on November 3, 2016, Jiang was killed by his roommate Liu's ex boyfriend Chen while studying in Japan. After the verdict of the case, Lin posted a series of blog posts related to the Jiang case through his Sina Weibo account "Dulang Duyu 4" and others. Jiang Moulian believes that the above blog posts constitute insult and defamation to Jiang and herself, so she has filed a criminal prosecution with the Jian'ou Court for Lin's crime of insult and defamation.
The first instance court held that the internet is not an illegal place, and related words and actions should be regulated by law. The defendant Lin insulted and defamed others through multiple Weibo posts, openly derogating their personality and damaging their reputation. The circumstances are serious, and his behavior has constituted the crime of insult and defamation, which should be punished in accordance with the law. Based on the facts, nature, and circumstances of his crime, Lin was convicted of the crimes of insult and defamation in accordance with the law, and was punished for multiple crimes. He was sentenced to two years and three months in prison. After the first instance verdict, Lin was dissatisfied and appealed.
The second instance court held that the facts determined in the first instance were clear, the evidence was true and sufficient, the application of the law was correct, the sentencing was appropriate, and the trial procedure was legal. The appellant Lin's appeal reasons could not be established, and the appeal was dismissed in accordance with the law, upholding the original judgment.