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on september 18, wang hongzhen (pseudonym) received a notice of evidence from the binzhou intermediate people's court in shandong province. she had previously appealed to the binzhou intermediate people's court because she was dissatisfied with the verdict in the case in which her daughter li lu (pseudonym) was convicted of extortion and infringement of citizens' personal information.

wang hongzhen's appeal has been accepted

on august 29, 2024, the binzhou intermediate people's court made a second-instance judgment on the case, holding that li lu repeatedly released the inappropriate speech videos recorded by her of liu, the former director of the binzhou yangxin county petition bureau, on the internet, constantly exerted pressure on liu, and proposed a total compensation of 300,000 yuan. the essence of her behavior was to seek economic benefits under the guise of defending rights; liu, under pressure from li lu's continued online exposure, would continue to have a serious negative impact on his life and career, had tried many times to find someone to talk to and hope that li lu would not continue to pester him, but li lu always insisted on claiming 300,000 yuan and liu should bear one-third of the claim. in the end, liu was forced to agree to li lu's request and pay 20,000 yuan in advance. li lu should be held criminally responsible for extortion.

screenshot of the video involved

in addition, the court also found that li lu had illegally installed a positioning device on other people's vehicles without their knowledge and illegally obtained other people's personal information, committing the crime of infringing on personal information. the court sentenced li lu to two years and two months in prison and a fine of 7,000 yuan.

during the first and second trials, li lu never pleaded guilty, and her lawyer defended her innocence. after the second trial, wang hongzhen appealed that li lu believed that she was verbally insulted by liu and that her request for compensation was legitimate. she did not extort money from others by means of threats or coercion, and did not have the criminal purpose of illegally occupying other people's property. her appeal has now been accepted by the binzhou intermediate court.

sentenced for extortion and other crimes

born in 1987, li lu worked in a public institution after graduating from university, and later went to the united states and canada to study. at the end of 2018, li lu returned to her hometown, yangxin county, binzhou.

at the beginning of 2019, li lu began to report her junior high school teacher shi to the relevant departments, and posted on the internet platform, saying that she was sexually assaulted by shi in junior high school, and that shi also sent her obscene pictures and videos through chat tools while studying at university. in response to li lu's report, the relevant departments of yangxin county replied in july 2022 that because li lu's claim of being sexually assaulted was only an accusation by herself and there was no other evidence to prove it, it did not meet the conditions for filing a case. after accepting the report, the yangxin county commission for discipline inspection and supervision decided to give shi a serious warning within the party (with an impact period of two years) and a demotion in job grade in accordance with relevant regulations based on the evidence materials provided by li lu from 2006 to 2009 and other investigation results.

li lu (pseudonym) sued shi for rape but the case was not filed

after shi was punished, li lu approached shi many times and the two had many conflicts, during which li lu was pushed or beaten. the public security organs successively made three administrative penalty decisions against shi. li lu was dissatisfied with the penalty decisions of the hefang police station of the huimin county public security bureau and the xincheng police station of the yangxin county public security bureau, and filed an administrative lawsuit.

on june 29, 2021, the binzhou intermediate people's court issued two final judgments, revoking the above two administrative penalty decisions on the grounds that the punishment was "obviously too light" and ordered the huimin county public security bureau and the yangxin county public security bureau to handle li lu's report in accordance with the law within the statutory period. li lu's mother wang hongzhen said that after that, li lu began to petition the yangxin county public security bureau regarding the execution of the court's judgment.

the first-instance judgment of li lu's case of extortion and infringement of citizens' personal information shows that on july 29, 2022, li lu went to the yangxin county petition bureau to petition and had a dispute with liu, the then director of the petition bureau. li lu recorded the incident, claiming that she was insulted by liu and posted the video on the social platform. on july 31 of that year, liu was dismissed by the yangxin county government. on the same day, li lu hid the video after the public security personnel did the work. on august 26, li lu submitted an administrative compensation application requiring liu, the county government, and the county petition bureau to jointly compensate her 300,000 yuan. on august 27, li lu posted the video again, and the public security personnel asked her to delete the video again, and asked her to meet with liu to resolve the compensation issue.

on august 28, li lu met with liu to negotiate in the presence of witnesses. the cell phone recordings and surveillance recordings retrieved by the court confirmed that li lu asked liu to jointly bear 300,000 yuan with the county government and the bureau of letters and calls, and suggested that liu personally bear 100,000 yuan, and said that he would not give in to the total amount. if liu bears less, the rest must be borne by the county.

liu apologized in person, agreed to pay 100,000 yuan in compensation, and transferred 20,000 yuan on the spot. afterwards, liu reported the case to the public security organ on september 2, 2022. on september 23, li lu was arrested on suspicion of extortion and infringement of personal citizen information.

on august 25, 2023, the yangxin county court sentenced li lu to one year and eight months in prison and a fine of 5,000 yuan for the crime of extortion, and eight months in prison and a fine of 2,000 yuan for the crime of infringing citizens' personal information. it was decided to execute a sentence of two years and two months in prison and a fine of 7,000 yuan.

judgment results of the first instance (upper) and second instance (lower)

the second instance upheld the verdict of the first instance, and the defendant's family's appeal has been accepted

li lu was dissatisfied and appealed. during the second instance, the trial period was extended four times. the second instance judgment shows that the trial was postponed twice at the suggestion of the binzhou municipal procuratorate; the trial period was extended by two months with the approval of the shandong high court; and the trial period was extended by three months with the approval of the supreme court.

the main facts determined by the binzhou intermediate court in the second instance are consistent with those of the first instance. the binzhou intermediate court judged that in this case, li lu repeatedly published and hid the video of liu's inappropriate speech recorded by her on the internet, constantly exerted pressure on liu, and proposed a total compensation of 300,000 yuan. the essence of her behavior was to seek economic benefits under the guise of defending rights; the victim liu was under pressure that li lu's continuous online exposure would continue to have a serious negative impact on his life and career, and tried many times to find someone to talk to and hope that li lu would not continue to harass him, but li lu always insisted on claiming 300,000 yuan and liu should bear one-third of it. in the end, liu was forced to agree to li lu's request and pay 20,000 yuan in advance.

the binzhou intermediate people's court held that li lu's behavior had clearly exceeded the scope of using the internet for civil rights protection, had an obvious purpose of illegally occupying other people's property, and had caused great harm to society. she should be subject to criminal punishment and should be held criminally responsible for extortion.

in addition, the positioning device installed by li lu in this case can display any location of the vehicle involved in the case in three-dimensional space, thereby identifying the whereabouts information of the vehicle drivers and passengers participating in social activities and contacting the outside world. without the knowledge of others, li lu privately installed positioning devices on vehicles driven by others and illegally obtained the personal information of others. the evidence seized in the case alone showed that he illegally obtained 71 pieces of trajectory information, which has seriously infringed the personal information security of citizens. regardless of whether the 71 pieces of trajectory information were driven by shi moumou personally or by his family members, they are all personal information of natural persons, and he should be held criminally responsible for the crime of infringing on citizens' personal information.

on august 29, 2024, the binzhou intermediate people's court made a second-instance judgment, upholding the first-instance judgment on li lu's charges and sentence.

during the first and second trials, li lu did not plead guilty, and her lawyer also defended her innocence. after the second trial, li lu's mother wang hongzhen filed an appeal, arguing that li lu's request for compensation was legitimate and did not have the criminal purpose of illegally occupying other people's property. in addition, given the special relationship between li lu and shi moumou, the purpose of installing the locator and the actions after obtaining shi moumou's corresponding personal information, li lu himself did not have the criminal intent to illegally obtain other people's personal information for illegal purposes.

at present, the binzhou intermediate court has accepted wang hongzhen's appeal and filed the case on september 18, 2024. on the same day, wang hongzhen received a notice of evidence from the binzhou court.