网络“开盒” 行为如何定性？最高法发布入库参考案例

Core Viewpoint - The Supreme People's Court has defined the illegal acquisition of personal information for the purpose of defamation in the case of Wu Mouhui and Chen Mouqiang, highlighting the legal implications of such actions [1] Case Background - The victim, Zhu Mou, is a teacher at a middle school in Jiangsu Province, and the defendant, Wu Mouhui, is a relative of Zhu Mou. After a conflict, Wu Mouhui provided Zhu Mou's wife's ID information to Chen Mouqiang to obtain Zhu Mou's personal information [2] - In May 2020, Chen Mouqiang purchased 1,442 pieces of information, including accommodation records and travel details of Zhu Mou and others, for RMB 13,150 [2][3] - The information was used to create defamatory posts online, which quickly spread and reached over 2 million views, causing significant distress to Zhu Mou and his family [3] Court Rulings - On February 1, 2021, the Suzhou District People's Court sentenced Wu Mouhui to 11 months in prison and a fine of RMB 2,000 for violating personal information laws, while Chen Mouqiang received a one-year prison sentence and the same fine [5] - The court noted that the actions of Wu Mouhui and Chen Mouqiang, although not fitting specific criteria for severe cases, were deemed serious due to the nature and impact of their actions [7] Legal Reasoning - The court referenced Article 253-1 of the Criminal Law, which penalizes the illegal acquisition and sale of personal information, emphasizing the need to consider the motives, methods, and consequences of such actions [6][8] - The case illustrates that the social harm caused by the defendants' actions was significant enough to classify their behavior as "serious" under the law, despite not meeting the explicit criteria outlined in legal interpretations [7][8]