The two defendants were given a suspended sentence in the "Case of Woman Taking a Courier and Rumored Derailment": It was too late to apologize

Intern journalist | Zhong Yixuan

Edit | Zhai Ruimin

On the morning of April 30, 2021, the "case of a woman taking a courier was rumored to have derailed" was tried at the Yuhang District People's Court in Hangzhou. The court pronounced a verdict in court that the defendants Lang xxx and He xxx were sentenced to one year's imprisonment and two years' probation for committing the crime of defamation.

In this regard, the victim Ms. Gu told Interface News that she accepted the result without any objection, "The result today is the most fair, I just want to prove that their behavior is illegal, and I have handed in this answer sheet." ”

During the trial, defendant Lang moumou apologized to Ms. Gu, who said that he regretted the behavior he committed, wanted to say sorry to Ms. Gu, and hoped to be given a lighter punishment. "I don't accept an apology, it's too late, and if there's really sincerity, it should be the first time to apologize." But they didn't, or else they wouldn't be where they are today. Ms. Gu said.

Interface News previously reported that on July 7, 2020, Ms. Gu of Hangzhou went downstairs to the community to pick up the courier, and the supermarket owner lang Moumou next to it secretly filmed it, and then this 9-second video and dozens of forged chat records made Ms. Gu the protagonist of the "derailed courier" network rumor-mongering incident.

On October 26, 2020, Ms. Gu filed a criminal private prosecution with the Yuhang District People's Court of Hangzhou City, requesting that Lang xxx and He xxx be pursued for criminal liability for the crime of defamation on the grounds that Lang xxx and He xxx fabricated facts and slandered the private prosecutor Gu xxx through the Internet and the circumstances were serious. On December 25, 2020, according to the recommendation of the Yuhang District People's Procuratorate of Hangzhou City, the Yuhang Branch of the Hangzhou Municipal Public Security Bureau filed and investigated the suspected defamation case of Lang X and He X. On February 26, 2021, the Yuhang District People's Procuratorate of Hangzhou City filed a public prosecution with the Yuhang District People's Court in accordance with the law against defendants Lang XX and He XX for suspected defamation.

The procuratorial organs prosecuted and found that the defendants Lang xxx and He xxx fabricated facts to slander others, which not only harmed the victim's personality rights, but also spread widely and rapidly through the Network, seriously disrupted the public order of the network society, caused an insecurity to the general public, and seriously endangered social order, and had violated the provisions of the first and second paragraphs of article 246 of the Criminal Law of the People's Republic of China, and should be investigated for criminal responsibility for the crime of defamation in accordance with public prosecution procedures in accordance with law.

After trial, the court held that the defendants Lang xxx and He xxx fabricated facts to slander others through the information network and the circumstances were serious, and the acts of the two defendants had constituted the crime of defamation, and the charges charged by the public prosecution organs were established. In view of the fact that the criminal acts of the two defendants have caused a great impact on the online public order and seriously endangered social order, the public prosecution organs have prosecuted the two defendants for the crime of defamation, which is in accordance with the provisions of the law. Considering that the second defendant has statutory lenient punishment circumstances such as voluntary surrender, voluntary admission of guilt and acceptance of punishment, can actively compensate for losses, sincerely repent of his crime, actively repair legal relations, and is a first-time offender, has no previous criminal record, and has no major adverse impact on the community in which he lives by applying probation, the above judgment was made.

The case has attracted widespread attention in society due to the conversion of private prosecution to public prosecution. Ms. Gu's lawyer, Zheng Jingjing, told Interface News, "This case has a certain warning effect on society, warning us that cyberspace is not illegal and foreign land. ”

At the trial, Ms. Gu could not arrive at the scene for personal reasons, and she expressed a slight regret, "But in any case, this matter has been turned over, and I hope that my life can return to normal as soon as possible." ”