Page:上海市第二中级人民法院刑事判决书 阮晓寰 3.jpg

 The evidence that substantiates the aforesaid facts is listed as follows:

1. Documents of ‘Decision on Case Filing’, ‘Case Registration Form’, ‘Course of Apprehension’, and ‘Course of Capturing’, provided by the public security organ, confirm the course of detection of this case and the process of apprehension of the Defendant.

2. Documents of ‘Search Warrant’, ‘Search Record’, ‘Inventory of Distrained Articles’, ‘Record of the Distrainment of Articles’, ‘Record of On-Site Inspection’ with related photos, and ‘Electronic Data On-Site Extraction Record’, provided by the public security organ, confirm that an inspection and a search were lawfully conducted at the residence of the Defendant. An Acer laptop was discovered on the desk in the second bedroom of the site, which was connected to a monitor and an external keyboard. Judged from the power indicator, the laptop was powered on; and by moving the mouse, the screen lit up. The process of digital data extraction was then begun on-site. As the processing required a longer time to complete, the laptop was, therefore, moved to the public security organ without turning off the power, to finish the extraction. Meanwhile, Apple mobile phone(s), Xiaomi mobile phone(s), Huawei laptop(s), Toshiba external hard drive(s), USB drive(s), and keyboard(s) were seized and distrained by the public security organ.

3. The ‘Record of Remote Inspection’, provided by the public security organ, confirms that, in a remote internet inspection conducted by public security officers, hundreds of blog posts were extracted from the blog site of the Defendant, of which over one hundred (100) were essays related to politics.

4. The ‘Forensic Identification’, provided by the public security organ, confirms that, upon identification, the biological substances collected with cotton swabs from the keyboard of the Acer laptop and the external keyboard connected to it cannot be ruled out as being left by the Defendant.

5. The ‘Forensic Evaluative Opinions’ and the accompanying photocopies of the politically-related essays, provided by Shanghai Honglian Digital Forensics Institute, confirm that upon identification, more than ten (10) virtual machines and hundreds of blog posts were detected in the Acer laptop of the Defendant; also, ‘.XML’ files were discovered in the computer.

6. The ‘Record of Investigative Experiment on Electronic Data’ and the accompanying CDs, provided by the public security organ, confirm that · 3 ·