Shanghai Putuo Court sentenced Tan Bin to one year's imprisonment for insulting, nine months' imprisonment for libel, and decided to execute one year and six months' imprisonment. After the verdict was pronounced in the first instance, the private prosecutor Jiang Qiulian and the defendant Tan Binshuang appealed to the Shanghai No.2 Intermediate People's Court.
Jiang Qiulian appealed that Tan Bin fabricated the fact that he used his daughter's death to collect money and defraud donations, and slandered her, but the court of first instance did not find it, so the sentence should be changed.
Tan Bin appealed that he learned about Jiang Ge's case through Weibo on 20 18, and public opinion was biased against Jiang Qiulian, so he followed the trend and participated in this online war of abuse. The comic series and insulting articles he published were piecemeal collected from watching Weibo, not original; Slander Jiangge's "love killing" is his opinion published with the wind after reading the analysis of online speech. I now plead guilty and repent, apologize to Jiang Qiulian, and hope to make economic compensation to Jiang Qiulian, reconcile and mediate with Jiang Qiulian, and request the court of second instance to give him a lighter punishment.
Extended data
second instance judgement
According to the news of "Shanghai No.2 Intermediate People's Court" on June 27th,/kloc-0, it has been four years since the sensational Jiangge case, but cases related to reputation rights are still fermenting. Among them, netizen Tan Bin was sued by Jiang Qiulian for insulting and slandering for publishing articles and cartoons related to the Jiangge case in Weibo. This morning, the Shanghai No.2 Intermediate People's Court publicly pronounced the case through the online trial platform.
Shanghai Second Intermediate People's Court believes that with the popularity of the media, everyone has their own voice channels, and the threshold for information release is greatly reduced. However, the Internet is not a place of extra-legality. Every netizen should respect the legal boundary of rights and not infringe upon the legitimate rights and interests of others.
If his words and deeds are improper and constitute a crime, he shall bear corresponding criminal responsibility. After learning that Jiangge was killed in Japan, Tan Bin did not show any sympathy. On the contrary, from 20 18, he insulted and slandered Jiangge and his mother, Jiang Qiulian, through the Internet, openly belittling and damaging the personality and reputation of others. If the circumstances are serious, his behavior has constituted the crime of insult and slander, and he shall be punished for several crimes according to law.
Regarding the part that Jiang Qiulian thinks that Tan Bin slandered her for using her daughter's death to collect money and defraud donations, after investigation, Jiang Qiulian initiated fund-raising through the online fund-raising platform after Jiangge was killed, and raised more than 290,000 yuan without handling fees. Jiang Qiulian spent more than 300,000 yuan on attorney fees, certification fees, translation fees, air tickets and other expenses in Japan.
At the same time, Jiang Qiulian announced Alipay, WeChat account and ICBC account to accept social donations through her Weibo, but did not provide evidence of the specific amount and expenditure of social donations. Therefore, Jiang Qiulian accused Tan Bin of fabricating facts, using her daughter's death to collect money, defrauding donations and slandering her. The evidence was insufficient, and she was not admitted. However, in the absence of sufficient evidence, Tan Bin should not comment, guess and blame others on the Internet at will.
To sum up, Shanghai No.2 Intermediate People's Court ruled that Jiang Qiulian and Tan Bin's appeals were rejected and the original judgment was upheld.
The Beijing News —— Jiang Qiulian, the mother of Jiangge, v. Tan Bin was sentenced in the second instance.