On November 26, 2021, the Yantian District People's Court of Shenzhen City, Guangdong Province, sentenced defendant Xu Mouliang to three years' imprisonment and a fine of RMB 10,000 for organizing and using a cult organization to undermine the implementation of the law; sentenced defendant Yin Moumei to two years' imprisonment and a fine of RMB8,000; and sentenced defendant Jin to one year and six months in prison and a fine of RMB6,000.
Defendant Xu Mouliang, male, Han ethnicity, born in 1971, primary school culture, native of Putian City, Fujian Province, temporarily lived in Pingshan District, Shenzhen City before arrest. Defendant Yin Moumei, female, Han ethnicity, born in 1982, Chinese, a native of Yongxin County, Jiangxi Province, temporarily lived in Pingshan District, Shenzhen City before arrest. Defendant Jin Mou, male, Han ethnicity, born in 1998, Chinese, a native of Shenchi County, Shanxi Province, temporarily lived in Pingshan District, Shenzhen City before arrest. On June 12, 2020, the three were criminally detained by the Shenzhen Municipal Public Security Bureau on suspicion of organizing and using a cult to undermine the implementation of the law, and arrested on July 17, 2020.
After trial, the court ascertained that the defendants Xu Mouliang, Yin Moumei, and Jin Mou were all members of the "Almighty God" cult organization. Since the beginning of 2020, Xu Mouliang, under the pseudonym "Yizhi", has done his duty as a church leader in the "Almighty God" Shenzhen Pingshan Church, responsible for directing, planning and organizing the missionary, development and management of believers, and transmission of instructions in the church where he is located.
Yin Moumei, alias "Xiao Jing", did her duty in the Pingshan Church in Shenzhen and assisted Xu Mouliang in managing the affairs of the "Almighty God" church. Jin did his duty as a host, rented a room on Xinhe Road, and provided services such as food, lodging, and venue for the church to lead Xu Mouliang to spread and preach "Almighty God". Yin Moumei went to a room in Xinhe Road many times to find Xu Mouliang to communicate with the "Almighty God" organization activities.
On June 11, 2020, the Pingshan Police Station of the Shenzhen Municipal Public Security Bureau searched a room on Xinhe Road according to the law according to clues, arrested Xu Mouliang and Yin Moumei on the spot, and seized a total of 220 pieces of propaganda paper and handwritten small pieces of paper from the room, 1 book, 7 laptops, 6 mobile phones, 7 tablet computers, 3 U disks, 16 card readers, 1 player, 1 memory stick, 23 SD cards, 4 mobile hard disks, 1 camera, and 1 electronic reader;
And seized 1 SD card from Yin Moumei. On the same day, the police seized 1 laptop, 1 portable hard disk, 9 SD cards, 4 handwritten notebooks, and 2 handwritten sheets from the bedroom of Yin Moumei's residence in the third district of Madong. According to the Shenzhen Municipal Public Security Bureau, the paper materials seized from the above two places and the video, audio, and document files in the mobile storage media are all missionary propaganda materials of the "Almighty God" cult.
After combing and analyzing the documents and documents found in the removable storage media seized in the case, the list of "Almighty God" believers in the church to which "Yizhi" and "Xiao Jing" belonged was removed, and a total of 30 believers in the church were removed.
After trial, the court held that the defendants Xu Mouliang, Yin Moumei, and Jin X ignored state laws, spread and publicized the "Almighty God" cult organization, and organized and used the "Almighty God" cult organization to sabotage the implementation of state laws and administrative regulations, the circumstances were relatively minor, and the acts of the three defendants all constituted the crime of organizing and using a cult organization to sabotage the implementation of the law, and should be investigated for criminal responsibility.
The charges charged by the public prosecution were convicted. In a joint crime, Xu Mouliang is the principal offender and shall be responsible for the crime in which he participated in organizing and directing; Yin Moumei plays a secondary role, and Jin Plays an auxiliary role, is an accessory, and is given a lenient punishment according to law.
In summary, in accordance with the provisions of article 300, paragraph 1, article 25, paragraph 1, article 26, paragraphs 1 and 4, article 27, and article 64 of the Criminal Law of the People's Republic of China, as well as articles 2, paragraphs 8, 11, and 2 of article 4, of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Organizing and Using Cult Organizations to Undermine the Implementation of law, the people's courts made the above judgments.
Legal Extension:
Criminal Law of the People's Republic of China
Article 300 Whoever organizes or uses a religious sect or cult or uses superstition to sabotage the implementation of state laws or administrative regulations shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or confiscated of property; if the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined or fined individually.
Article 25: Joint crime refers to two or more persons committing a joint intentional crime.
Article 26: Those who organize or lead criminal groups to carry out criminal activities or play a major role in joint crimes are the principal offenders.
A relatively fixed criminal organization formed by three or more people to commit a crime jointly is a criminal group. The ringleaders who organize or lead a criminal group shall be punished according to all the crimes committed by the group.
Principal offenders other than those provided for in paragraph 3 shall be punished in accordance with all the crimes in which they participated, or in which they were organized or directed.
Article 27: Where they play a secondary or auxiliary role in a joint crime, they are accessories. Accessories shall be given mitigated, mitigated or exempted punishment.
Article 64:All property illegally obtained by criminals shall be recovered or ordered to be returned; the victim's lawful property shall be promptly returned; contraband and personal property used in the crime shall be confiscated. Confiscated property and fines shall be handed over to the State Treasury and shall not be misappropriated or disposed of by oneself.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Such as Organizing and Using Cult Organizations to Undermine the Enforcement of Law
Article 2: Whoever organizes or uses a cult organization to undermine the implementation of state laws or administrative regulations, and in any of the following circumstances, shall follow the provisions of the first paragraph of criminal law article 300 to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined:
(1) Establishing a cult organization, or resuming or establishing another cult organization after the cult organization has been banned;
(2) Gathering crowds to surround, storm, forcibly occupy, or cajole state organs, enterprises, public institutions, or public places or religious activity sites, disrupting social order;
(3) Illegally holding assemblies, processions, or demonstrations, disrupting social order;
(4) Using violence, coercion, or other methods to force others to join or prevent others from quitting a cult organization;
(5) Organizing, instigating, or deceiving members or others not performing their legally-prescribed obligations;
(6) Using "pseudo base stations", "black broadcasts", and other radio stations (stations) or radio frequencies to promote cults;
(7) Those who have previously been pursued for criminal responsibility for engaging in cult activities or who have received administrative punishment within two years, and who have engaged in cult activities again;
(8) Developing 50 or more members of a cult organization;
(9) Collecting money or causing economic losses of 1 million yuan or more;
(10) Using currency as a carrier to promote a cult, with a quantity of 500 or more pieces (pieces);
(11) Producing or disseminating cult propaganda materials that meet one of the following quantitative standards:
1. More than 1,000 copies (sheets) of leaflets, spray pictures, pictures, slogans, and newspapers;
2. More than 250 books or periodicals;
3. Audio and video tapes, video tapes and other audio-visual products 250 boxes (sheets) or more;
4. Two hundred and fifty or more pieces of logos or markers;
5. More than 100 removable storage media such as optical disks, USB flash drives, memory cards, and removable hard disks;
6. Banners, banners with fifty or more (pieces).
(12) Using communications and information networks to promote cults, in any of the following circumstances:
1. Producing or disseminating more than 200 electronic pictures or articles promoting cults, 50 or more electronic books, publications, audio and video volumes (pieces), or electronic documents with more than 5 million characters, and electronic audio and video for 250 minutes or more;
2. Compiling and sending messages, making more than 1,000 (times) calls;
3. Using chat rooms with a cumulative number of online users reaching more than 1,000, or using social networks such as group members, followers, and other social networks with a cumulative number of more than 1,000 accounts to promote cults;
4. Cult information has actually been clicked or viewed more than 5,000 times.
(13) Other situations where the circumstances are serious.
Article 4: Whoever organizes or uses a cult organization to undermine the implementation of state laws or administrative regulations in any of the following circumstances shall find that the "circumstances are relatively minor" as provided for in the first paragraph of criminal law article 300, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights, and shall also be fined or fined individually:
(1) Carrying out the conduct provided for in items 1 to 7 of Article 2 of this Interpretation, where the harm to society is relatively minor;
(2) Carrying out the conduct provided for in items 8 to 12 of Article 2 of this Interpretation, where the quantity or amount reaches more than one-fifth of the corresponding standards;
(3) Other situations where the circumstances are relatively minor.
End
Source: China Anti-Cult Network Author: Zhong Sheng Cover image source network Graphics have nothing to do with each other
(Original title: Three people were sentenced in Shenzhen, Guangdong Province for spreading and propagating the "Almighty God" cult)
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