score detection" hacker software to steal "face information" has greater social harm and criminal
punishability. As "face information" is sensitive information used to identify specific individuals, and also
personal information featuring stronger social attributes and convenient collection, it is very easy for others
to directly use, produce or synthesize face information, and crack face recognition and verification
procedures, causing the infringement of privacy or reputation right and other illegal behaviors, even theft,
fraud and other criminal behaviors, whilst having greater social harm. The defendant, Li Kaixiang,
manipulated the "face score detection" software disguised by the hacker software to steal users' selfportraits and photos stored in mobile phone albums, targeting the unspecified public by taking advantage of
the openness of the Internet platform with concealed means, strong deception and wide scope of theft
whilst having obvious social harm, so the behavior should be regulated under the Criminal Law.
As for the defense opinion put forward by the defender that the basis for determining the quantity of
citizens' personal information in this case was insufficient, the court held after the hearing that the public
security authority adopted the method of sampling verification in the process of investigation to verify
randomly selected parts of personal information, which could confirm the authenticity of the personal
information involved in this case, and neither the defendant nor the defender presented any case lead or
evidence that the information involved was untrue. After the appraisal by removal of invalid information,
consolidation and repetition deletion, the judicial expertise institution identfieid more than 81 million pieces
of valid personal information; the amount of citizens' personal information involved in the charge by the
public prosecution authority was objective and true, and conformed to the rules for determining the specific
amount of citizens' personal information in bulk as established in the Interpretations. Therefore, the defense
opinion of the defender was not accepted.
To sum up, the defendant, Li Kaixiang, in violation of the relevant national provisions, illegally obtained and
provided others with citizens' personal information with particularly serious circumstances, constituting the
crime of infringing citizens' personal information. The defendant, Li Kaixiang, truthfully confessed his/her
crime after appearance before the court, so he/she could be given a lighter punishment in accordance with
the law; the defendant voluntarily pleaded guilty to accept his/her punishment, so he/she could be given a
lenient punishment in accordance with the law. Li Kaixiang's infringement by illegally obtaining and providing
others with citizens' personal information infringed the personal information security of many citizens and
damaged public interests, so he/she should bear the corresponding civil liability. Therefore, the above
judgment was made in accordance with the law.
(Judges of the Effective Judgment: Li Xiaojie, Guan Yujie and Gao Yetao)
3