来源:新华网

10月27日,上海二中院27日对江歌母亲江秋莲诉谭斌侮辱、诽谤案二审宣判,裁定驳回江秋莲、谭斌的上诉,维持原判。

上海二中院发布信息表示,2016年11月3日,江歌在日本留学期间遭其室友刘鑫的前男友陈世峰杀害。2017年12月20日,陈世峰被日本东京地方裁判所判处有期徒刑20年。该案引起了网民的广泛关注和评论。网民谭斌通过其新浪微博账号“Posh-Bin”,发布系列与江歌案有关的文章及漫画。江秋莲认为上述漫画和文章对江歌及其本人构成侮辱、诽谤,遂以谭斌犯侮辱罪、诽谤罪向上海普陀法院提起诉讼。

上海普陀法院对谭斌以侮辱罪判处有期徒刑一年,以诽谤罪判处有期徒刑九个月,决定执行有期徒刑一年六个月。一审宣判后,自诉人江秋莲、被告人谭斌双双向上海二中院提出上诉。

上海二中院认为,谭斌得知江歌在日本被杀事件后,非但不表同情,还从2018年起通过网络对原本素不相识的江歌及江歌之母江秋莲进行侮辱、诽谤,公然贬低、损害他人人格,破坏他人名誉,情节严重,其行为已构成侮辱罪、诽谤罪,依法应予数罪并罚。

经查,江秋莲在江歌被害后通过网络轻松筹平台发起筹款,去掉手续费,筹得钱款29万余元。江秋莲在日本维权支出律师费、认证费、翻译费、机票等费用共计30余万元。同时,江秋莲又通过自己的微博公布支付宝、微信账号以及工商银行账号,接受社会捐赠,但是未提供该部分相关的具体金额及支出情况的证据。因此,江秋莲指控谭斌捏造其借女儿之死敛财、骗取捐款对其进行诽谤的事实,证据不足,不予认定。但谭斌在没有充分证据的情况下,不应在网络上随意发表言论揣测、指责他人。综上,上海二中院裁定驳回江秋莲、谭斌的上诉,维持原判。

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《日本留学遭杀害江歌母亲诉谭斌侮辱诽谤案二审宣判》有80条评论
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