Luo Changping case, sentenced!
Sina Hunan, May 5, 17:54 attention
On May 5, the suburban people’s Court of Sanya City, Hainan Province publicly sentenced the defendant Luo Changping to seven months’ imprisonment and assumed civil liabilities such as public apology on sina.com, rule of law daily and PLA Daily.
On May 5, the suburban people’s Court of Sanya City, Hainan Province publicly sentenced the defendant Luo Changping to seven months’ imprisonment and assumed civil liabilities such as public apology on sina.com, rule of law daily and PLA Daily.
After hearing, the court found that: at 9:38 on October 6, 2021, after the defendant Luo Changping watched the film “Changjin Lake” and the documentary video of Changjin Lake battle with his mobile phone at his residence in Sanya, in order to win attention, he used the Sina Weibo account “Luo Changping” to publish a post, insulting the martyrs of the “ice sculpture company” of the Chinese people’s Volunteer Army who died in the battle to resist the United States and aid Korea, and infringing on the reputation and honor of the heroes and martyrs. The above posts were reported by microblog users and processed by the microblog platform at 10:08 on the same day according to the microblog community convention. They were read 22397 times before processing. Luo Changping deleted the post at 6:20 on the 7th. After being summoned by the public security organ by telephone, he issued an apology statement in his wechat circle of friends at 13:48. However, the content of the post has been widely spread on the Internet, causing strong public indignation and adverse social impact. At about 14:00 on the same day, Luo Changping surrendered to Dadonghai police station of Jiyang branch of Sanya Public Security Bureau and truthfully confessed his crime.
The incidental civil public interest litigation found that the defendant Luo Changping was a well-known media person and registered the Sina Weibo account “Luo Changping” on September 9, 2009. Luo Changping used the above microblog account to publish 9 illegal posts such as insulting and mocking heroes and martyrs. The reading volume of 9 posts has accumulated 17613621 times, 19152 comments and 32015 forwarding times. Meanwhile, the Sina Weibo account “Luo Changping” was disposed of 30 times by the platform for publishing statements in violation of the microblog community convention.
The court held that the heroic deeds of the Chinese people’s Volunteer Army are the common historical memory and valuable spiritual wealth of the Chinese nation. The great spirit of resisting US aggression and aiding Korea spans time and space and is an important embodiment of the core socialist values. It needs to be inherited and carried forward by all Chinese people from generation to generation. Blasphemy and slander are not allowed. The defendant Luo Changping insulted the heroes and martyrs on the Internet, denied the core socialist values and the spirit of resisting US aggression and aiding Korea, destroyed social public order and damaged social public interests. The circumstances are serious. His behavior has constituted the crime of infringing on the reputation and honor of heroes and martyrs, which should be punished according to law and bear the corresponding civil tort liability. Luo Changping has the plot of voluntary surrender, voluntarily pleaded guilty to the crime and punishment, and is willing to compensate 80000 yuan for public welfare damages for public welfare undertakings such as the commemoration and publicity of the spiritual deeds of the martyrs of the war to resist US aggression and aid Korea (and has been paid to the memorial Hall of the war to resist US aggression and aid Korea in Dandong City, Liaoning Province), which was recognized by the court. The defender’s defense opinion on Luo Changping’s lighter punishment was established, and the public prosecution suggested that Luo Changping should be sentenced to seven months’ imprisonment, which was appropriate and adopted by the court.
For the civil public interest litigation filed by the procuratorial organ, the suburban court also made a judgment: ordered the defendant Luo Changping to make a public apology on sina.com, the rule of law daily and the people’s Liberation Army Daily.
Some deputies to the National People’s Congress, members of the Chinese people’s Political Consultative Conference, media reporters and representatives of the masses attended the sentencing.