To this end, someone reported to the public security organs and demanded that the people involved be severely punished. 65438+February 65438+February, the People's Court of Yijinhuoluo Banner, Erdos City, Inner Mongolia publicly pronounced the first local case of inciting ethnic hatred and discrimination, and sentenced the defendant Luo Moumou to one year's imprisonment for inciting ethnic hatred and discrimination.
It is reported that Luo Moumou, a defendant of Ningxia nationality aged 19, is a waiter in a Mongolian restaurant in Yinchuan. Like other young people, he often sends small videos in the "Aauto Faster" APP software. Defendant Luo Moumou shot a video of trampling on the portrait of Genghis Khan and uploaded it to the Internet at around 17 on May 20 this year in order to increase the number of clicks on his video "A auto is Faster".
Two hours later, Luo Moumou deleted the video under the reminder of netizens, but the video has been forwarded to the WeChat group. It is reported that this has aroused strong dissatisfaction among the masses, and some people have reported to the public security organs and demanded that those involved be severely punished. Some commentators said that this behavior seriously hurt national feelings and created extremely bad political influence in China.
20 17, 18 On February 4th and 2nd, the People's Court of Ejinhoro Banner, Erdos City, Inner Mongolia held a hearing to hear the case that the defendant Luo Moumou insulted Genghis Khan. 65438+February 65438+February, Ejinhoro Banner People's Court publicly pronounced the first local case of inciting ethnic hatred and discrimination, and sentenced the defendant Luo Moumou to one year's imprisonment for inciting ethnic hatred and discrimination.
The public prosecution agency believes that the defendant Luo Moumou has violated the provisions of the Criminal Law of People's Republic of China (PRC), and the evidence is true and sufficient, and the facts are clear, so he should be investigated for criminal responsibility. The people's court of Ejinhoro Banner made the above judgment according to law after hearing, giving evidence and cross-examination, combined with the criminal facts, circumstances and social harm of the case. The defendant Luo Moumou said in court that he obeyed the judgment and did not appeal, and apologized for the harm and influence caused by his crimes to society during the trial. During the trial, Luo shed tears of remorse for his stupid behavior and submitted a confession to the court. At this point, the case of making and spreading videos insulting Genghis Khan, which was investigated by the public security organs in Ordos City, came to an end. After trial, the court held that the defendant Luo Moumou used the Internet to publish a video insulting the portrait of Genghis Khan, inciting ethnic hatred and ethnic discrimination, and the circumstances were serious, and his behavior constituted the crime of inciting ethnic hatred and ethnic discrimination. In view of the fact that the defendant Luo Moumou was able to voluntarily plead guilty, truthfully confess his crimes, confess and repent, and give him a lighter punishment according to law. According to the facts, nature and circumstances of the defendant's crime and the degree of harm to society, the court sentenced the defendant Luo Moumou to one year's imprisonment and confiscated a VIVO mobile phone in accordance with the provisions of Articles 249, 64 and 61 of the Criminal Law of People's Republic of China (PRC), which was a crime of inciting national hatred and discrimination.
The crime of inciting national hatred and discrimination refers to the act of publicly inciting national hatred and discrimination in various ways, and the circumstances are serious.
Incitement refers to the public use of language, words, pictures or other methods to arouse or produce ethnic hatred and discrimination. If the circumstances are serious, it generally means that the means are bad and have repeatedly incited national public outrage; Seriously damage national feelings, dignity, etc.
Article 249 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever incites ethnic hatred or ethnic discrimination, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.