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2023-08-08
Typical Cases of Infringement on the Legal Rights and Interests of Minors
1、 Wang Xianhua's rape case
(1) Basic facts of the case
The defendant Wang Xianhua and Liu Yongcui (the mother of the victim) cohabited, and both parties had a queen named Liang, the daughter of Liu Yongcui's ex husband (born in 2007), who lived together. On January 18, 2014, after Wang was discharged from the hospital with a leg burn, Liu Yongcui returned home. She was afraid that Liang would step onto Wang's burn wound while sleeping at night, so she asked Liang to sleep with the defendant Wang Xianhua in another bedroom. That night, the defendant Wang Xianhua raped Liang.
(2) Judgment results
After trial, the People's Court of Zhenba County, Shaanxi Province found that the defendant Wang Xianhua forcibly engaged in sexual intercourse with a young girl under the age of fourteen, and his behavior constituted the crime of rape, which should be punished severely. However, if he voluntarily confessed in court, he may be given a lighter sentence at his discretion. According to the relevant provisions of China's criminal law, the defendant Wang Xianhua was found guilty of rape and sentenced to six years in prison. After the verdict was pronounced, the defendant did not appeal, and the public prosecution did not raise a protest. The verdict has become legally effective.
(3) Typical significance
This case is a case of sexual assault on a minor stepchild. With the development of society, cases of sexual assault on underage stepchildren in remarried families have increasingly become a prominent category of sexual assault cases. Especially in the remote and backward western mountainous areas, with poor living habits and economic conditions, parents who remarry have no time to take into account the personal protective awareness and common sense that minors should have during their growth, ultimately resulting in remarried spouses being able to even harm minors for a long time, causing lifelong wounds that are difficult to heal for minors. This case warns the public that it is necessary to strengthen the awareness and common sense of self-protection among women and children, and jointly prevent and control the occurrence of such malignant cases.
2、 Zeng Bing's intentional injury case
(1) Basic facts of the case
In May 2012, the defendant Zeng Bing was introduced to her current husband Xu, and subsequently lived with Xu and his daughter Xiaojia (who was less than 3 years old at the time of the crime), who had given birth to Xu's ex-wife. To prevent Xu from contacting his ex-wife, Zeng Bing often went berserk, and after getting pregnant, he often harshly scolded non biological Xiaojia, constantly beating and scolding her.
At 5 pm on January 1, 2013, Zeng Bing called Xiaojia to take a shower at home, but Xiaojia cried and refused. In a fit of anger, Zeng Bing hit and pushed Xiaojia's face and neck with his hand, and Xiaojia fell to the ground, causing head injury. At first, Zeng Bing didn't pay attention, but then Xiaojia began to lose consciousness, accompanied by vomiting and coma symptoms. Zeng Bing summoned his relatives to take Xiaojia to the hospital for rescue, but due to the severity of the injury, Xiaojia died on January 7th. According to forensic identification, the cause of Xiaojia's death was severe head injury, left frontal top subdural hematoma with brain hernia formation, and brainstem failure.
At around 10:00 pm on the night Xiaojia was beaten, the public security organs arrested Zeng Bing in the hospital. Due to Zeng Bing being pregnant at the time, from January 2, 2013 to June 30, 2014, the public security organs and procuratorial organs respectively took bail pending trial measures against him. On July 1, 2014, Zeng Bing was approved for arrest. On July 7 of the same year, the procuratorial organ filed a public prosecution with the first instance court.
(2) Judgment results
After a trial in court, the People's Court of Qingxin District, Qingyuan City, Guangdong Province sentenced the defendant Zeng Bing to fourteen years and three months in prison for the crime of intentional injury. After the first instance verdict was pronounced, Zeng Bing filed an appeal claiming that the sentence was too heavy. He believed that: 1. The original judgment found that the appellant committed the crime of intentional injury as a mistake in the application of law, and that his behavior was negligent and caused death. The appellant and the victim had been taking good care of him during their living together. At the time of the incident, the appellant only hit the victim a few times for the purpose of education. The child fell and died not as expected, and in reality, many cases of parental education leading to the death of a child are convicted and punished based on negligence. 2. The victim's father has expressed understanding to the appellant. 3. The original judgment did not fully consider his repentant attitude and the situation of his parents being old and his son being young. Request the second instance court to revise the judgment.
After the second instance, the Qingyuan Intermediate People's Court found out that although the appellant Zeng Bing did not actively pursue the consequences of the victim's death after being sent to the hospital for rescue after Xiaojia fell into a coma, the manner and location of the beating, as well as the injury consequences of the left occipital bone comminuted fracture of the victim's head, skull sutures and bone fissures, and some brain tissues showing dissolved changes, can be seen from the strength of the appellant in implementing the beating, The subjective indulgence towards harmful consequences should be considered as indirect intent, therefore the first instance determination constitutes the crime of intentional injury. Regarding Zeng Bing's appeal for positive compensation, it was found to be true. Considering that the case occurred between family members and that the appellant actively sent the victim to medical treatment after the incident, he stayed in the hospital and did not escape. Therefore, Zeng Bing was sentenced to twelve years in prison.
(3) Typical significance
Every year, there is almost no interruption in reports of children being killed by their parents or family members. Children are the flesh and blood of their parents and the hope of their families. Why do some parents have the heart to repeatedly use their hands and do things that harm their children as they grow up? Because many people still believe that it is a natural thing for parents to beat and scold their children, and the ancient motto that many parents in our country believe in is "no talent without beating" and "filial piety comes from under a stick".
The incorrect concept of discipline is one of the main reasons for violence against children. In addition, difficulties in life, high work pressure, lack of conditions to raise children without marriage, physical and intellectual disabilities or disabilities of children, preference for sons over daughters, bad habits of parents, bad behavior, and mental and psychological abnormalities also contribute to the frequent occurrence of such ethical tragedies.
This type of case reflects that due to the weakness of minors, some parents do not treat their children as independent individuals, but instead treat them as private property or items, and even as a means of venting anger, venting anger, or retaliating.
In a series of laws and regulations such as the Law on the Protection of Minors, it has been explicitly stipulated that guardians "prohibit domestic violence against minors". However, in the absence of a legal perspective that fully incorporates the concept of "parents hitting children", it is difficult for parents to be punished by law unless the child is injured, disabled, or killed; In terms of intervention institutions and measures, they have not yet reached the level of protecting children from domestic violence. Therefore, it is necessary to stand on the standpoint of protecting children, recognize the harm of domestic violence to children, pay special attention and protection to minors, and severely punish criminals who commit violence against minors; At the same time, corresponding intervention measures should be proposed to curb this negative phenomenon and ensure that the dignity of children's lives is not violated.
3、 Liu Yan's Intentional Injury Case
(1) Basic facts of the case
On the afternoon of May 3, 2014, at around 13:00, the defendant Liu Yan questioned Gao in a rented house in a town in Chao'an District, Chaozhou City, Guangdong Province, on suspicion that his child victim, Gao (male, born on October 13, 2008), had stolen money from his family. He became angry because Gao did not admit to stealing property from his family. Liu Yan asked Gao to strip off his clothes and beat him with a belt. Seeing that Gao still refused to admit stealing money from his family, Liu Yan became even more angry and continued to beat Gao's head, back, limbs and other parts with a plastic tube, causing him to be injured to varying degrees in multiple parts of his body until the plastic tube broke. At around 16:00 pm on the same day, Gao suffered from physical discomfort due to being beaten and injured. Liu Yan then sent Gao to the hospital for rescue, and after medical treatment, it was found that Gao had died. The doctor then reported to the public security organs, and Liu Yan was brought back to the hospital for examination by the police on the same day. After investigation, it was found that the cause of death of Gao was consistent with the widespread blunt violent injury on the entire body surface, resulting in traumatic and hemorrhagic shock combined with cardiac contusion and laceration.
(2) Judgment results
The People's Procuratorate of Chao'an District, Chaozhou City, Guangdong Province has filed a public prosecution against the defendant Liu Yan for intentional injury. After trial, the People's Court of Chao'an District, Chaozhou City found that the defendant Liu Yan was angry because she suspected her son of stealing money from the family, and intentionally injured her minor son with weapons, resulting in his death. Her behavior constituted the crime of intentional injury. The prosecution was found guilty of charges. After the defendant Liu Yan returned to the case, he truthfully confessed his criminal facts and obtained the understanding of his family. He was given a lighter punishment in accordance with the law. The defender argues that the defendant Liu Yan's behavior constitutes the crime of causing death through negligence, and the above defense opinions are not well founded and will not be adopted. The defense opinion of the defender that the defendant has a confession and has obtained the understanding of his family, and can be given a lighter punishment, shall be adopted. Based on the defendant's criminal facts, nature, circumstances, and degree of harm to society, and in accordance with relevant provisions of the Criminal Law, the defendant Liu Yan is sentenced to intentional injury and sentenced to ten years in prison. After the judgment was pronounced, there was no appeal or protest, and the judgment has become legally effective.
(3) Typical significance
This case is a typical criminal case involving domestic violence, in which parents, during the process of educating their underage children, become angry due to improper educational methods and engage in uncontrolled beating of the underage children, resulting in their death. According to current criminal policies, crimes caused by the intensification of civil conflicts such as love, marriage, and family disputes are generally subject to lenient punishment as appropriate. Criminal cases involving domestic violence also belong to crimes caused by "love, marriage, and family disputes". Minors, compared to adults, lack the ability to protect themselves and are easily targeted by domestic violence, resulting in more serious consequences of domestic violence; The judiciary may impose strict penalties on defendants who commit violence against minors based on the specific circumstances of the case.
During the trial of this case, although the defendant Liu Yan truthfully confessed his criminal facts, he argued that he did not intentionally harm his son and claimed that he could not intentionally harm his biological son. At that time, he only wanted to educate his son. During the trial, both the presiding judge and the prosecutor shall educate and interpret the law in accordance with the law; When the court pronounced the verdict, the presiding judge once again interpreted it in accordance with the law, informing him of the legal basis for finding him guilty of intentional injury and sentencing him. The defendant Liu Yan also realized her mistake and expressed her willingness to reform and reflect on it. After the verdict of the case was pronounced, the defendant Liu Yan accepted the verdict without filing an appeal, and the victim's family members also expressed their satisfaction with the verdict.
According to the investigation, the victim Gao was raised by his grandfather and grandmother in his hometown of Anhui since childhood, while the defendant Liu Yan and his wife took their daughter to work and live in Chao'an District, Chaozhou City. Just two to three months before the incident, the victim Gao was taken to Chao'an District, Chaozhou City to attend school. Due to the prolonged separation between parents who go out to work and left behind children, it is easy for both parties to diverge emotionally and in terms of lifestyle habits when they live together again; Moreover, the specific group of migrant workers from other provinces has a low level of education and is busy making a living, lacking the correct methods to educate their children's growth. This reality may also be a major factor in the occurrence of this case. The occurrence of this case is a wake-up call for society, which should pay more attention to the survival and education of left behind children. Left behind children urgently need patience, care, warmth, and tolerance from their parents and society.
4、 Huo Linzhen's rape case
(1) Basic facts of the case
From July 2006 to April 2011, the defendant Huo Linzhen obtained the true identity information of underage female students or other female netizens through online chat, mobile SMS chat, and other means of false identity, and threatened to use records of sexually explicit conversations induced by him, naked photos synthesized using the victim's avatar, or to help arrange work or teach painting as a pretext to force Inducing victims to meet up, 25 victims were raped in hotels, hotel rooms, or Confucian painting academies operated by Huo Linzhen in Shanghai, Nanjing, Jiangsu, Hefei, Chuzhou, Tianchang, Mingguang, Quanjiao, Feixi, Dingyuan, Lai'an, and other cities in Anhui, including 3 deaf, mute, disabled, and 5 young girls; 3 attempted rapes; Six people were prepared for crime, including two young girls.
(2) Judgment results
The Intermediate People's Court of Chuzhou City, Anhui Province, after trial, found that the defendant Huo Linzhen's use of violence and coercion to rape women and young girls constituted the crime of rape. Huo Linzhen obtained the true identity information of the victim through online chat and other means, and coerced the victim to meet him through public chat content, synthesized naked photos of the victim, and raped multiple women and young girls. He also continued to coerce some victims through filming the rape process and other means of committing rape crimes, mainly targeting underage school students. The circumstances were extremely harsh and the consequences were serious, The social harm is extremely great and should be punished in accordance with the law. Although some of Huo Linzhen's crimes were attempted and some were in the preparatory stage, it was not enough to impose lenient punishment on him. According to relevant provisions of the Criminal Law, the defendant Huo Linzhen was found guilty of rape and sentenced to death, deprived of political rights for life. After the verdict was pronounced, Huo Linzhen refused and appealed. The Higher People's Court of Anhui Province ruled on June 13, 2013 to reject the appeal and uphold the original judgment. On July 16, 2014, the Supreme People's Court issued a judgment approving the criminal ruling of the Anhui Provincial Higher People's Court sentencing the defendant Huo Linzhen to death for the crime of rape and depriving him of political rights for life. The Intermediate People's Court of Chuzhou City executed Huo Linzhen in accordance with the law.
(3) Typical significance
With the rapid development of network technology, various behaviors of using the internet to commit crimes have also emerged. This case is a malignant case of using the internet to rape multiple women and rape multiple young girls. It poses great social harm and should be given sufficient attention.
The defendant in this case, Huo Linzhen, used the virtual world of the internet and the weakness of underage female students and young women who were often not deeply involved in the world to lure them into a trap that had already been set; By exploiting the fear of chat records and nude photos being made public among the murdered female students and young women, various demands were coerced, making the victims obedient and unable to resist. In this case, Huo Linzhen committed rape against 25 victims, with only 2 victims reporting to the police. This has also brought difficulties for the public security organs to timely and effectively crack down on such crimes, objectively causing more victims to suffer sexual assault.
Although Huo Linzhen was brought to justice, his actions caused irreparable psychological and physical harm to 25 victims, especially multiple underage girls and young girls, and brought endless pain to their families. Their experiences are sympathetic and thought-provoking. Through this case, we warn the public, especially underage female students who are not yet physically and mentally mature: Be cautious when making friends online, and whether the virtual world is fake or real. Behind the screen, the rapist is crazy, seemingly sweet but dangerous. Don't panic when faced with coercion, family and friends come to help. Shine your eyes to distinguish, and the wolf, tiger, and leopard stand in hiding.
5、 Jin Xueyong's Intentional Murder Case
(1) Basic facts of the case
In May 2013, the defendant Jin Xueyong met the victim Wu (female, died at the age of 12) through online QQ chat. During the chat, Jin Xueyong falsely claimed to be called "Wang Gang". On June 23 of the same year, Wu said in a QQ chat that he no longer wanted to go to school and went to Dawukou District, Shizuishan City, Ningxia to find a job. Jin Xueyong asked him to come to Jinlin Community in Dawukou to find him. At around 15:00 that day, Jin Xueyong claimed to be the uncle of "Wang Gang" and met Wu at the entrance of Jinlin District 1 in Dawukou. When the two of them were chatting in the forest in front of Building 6 in Jinlin District 2, Jin Xueyong believed that Wu had insulted him, so he grabbed Wu's neck and twisted it, causing him to lose his resistance. Later, Wu was carried to the basement of Unit 2, Building 6, Jinlin District 2. Seeing that he was no longer breathing, Wu's body was dismembered with a stationery knife and transported to the flood discharge ditch near Jinlin Community for burial. On July 11, 2013, the public security police arrested Jin Xueyong. After forensic identification, Wu was found to have died from mechanical suffocation due to neck strangulation, and was subsequently dismembered.
(2) Judgment results
After trial, the Intermediate People's Court of Shizuishan City, Ningxia Hui Autonomous Region found that the defendant Jin Xueyong was dissatisfied with the victim due to trivial matters and used neck choking to cause the victim's death, which constitutes intentional homicide. The prosecution charged the defendant Jin Xueyong with intentional homicide with clear facts, reliable and sufficient evidence, and the charges were established. The defendant Jin Xueyong killed the victim and then dismembered and buried the body of the victim. His criminal methods were extremely cruel, and the circumstances of the crime were extremely severe, with great social harm. He should be severely punished in accordance with the law, and he had a criminal record and should be given heavier punishment as appropriate. The criminal behavior of the defendant Jin Xueyong caused material losses to the plaintiffs Wu Hailiang and Hai Yingying in the incidental civil litigation, and they should be compensated in accordance with the law. In the plaintiff's claim for incidental civil litigation, there is evidence to prove that the funeral fee is 6270 yuan, which complies with legal provisions and is supported; Other litigation requests do not comply with legal provisions and are not supported. Due to the voluntary compensation of 20000 yuan by the relatives of the defendant Jin Xueyong to the close relatives of the victim, which complies with legal regulations, support should be given. According to relevant provisions such as the Criminal Law, the defendant Jin Xueyong was sentenced to intentional homicide and sentenced to death, deprived of political rights for life; The defendant Jin Xueyong compensated the plaintiff Wu Hailiang and Hai Yingying for material losses of 20000 yuan in the incidental civil lawsuit; Reject other litigation requests from the plaintiffs Wu Hailiang and Hai Yingying in the incidental civil litigation; The blade fragments of the crime tool will be confiscated. After the verdict was pronounced, the defendant Jin Xueyong refused and appealed.
The Higher People's Court of Ningxia Hui Autonomous Region has held a court session in accordance with the law, ruled to dismiss the appeal, upheld the original judgment, and submitted it to the Supreme People's Court for approval in accordance with the law. The Supreme People's Court has reviewed and approved the Higher People's Court of Ningxia Hui Autonomous Region to uphold the criminal ruling of the first instance, which sentenced the defendant Jin Xueyong to death for intentional homicide and deprived him of political rights for life.
(3) Typical significance
This case is a case of luring and killing underage girls through online chat. The victim Wu's family immigrated from the southern mountainous area of Ningxia to Yinchuan City, Ningxia. Due to their busy parents and lack of education, they had little communication with Wu during their daily lives. Due to his young age and poor self-control, Wu became infatuated with QQ chat and met the defendant Jin Xueyong, who claimed to be Uncle Wang Gang. During the QQ chat, he confided that he didn't want to go to school and wanted to find a job. He was lured by Jin Xueyong to seek a job in Dawukou District, but was ultimately brutally killed by the defendant. The defendant's criminal nature is harsh, the means are cruel, and the circumstances and consequences are serious. The defendant Jin Xueyong was sentenced to death and deprived of political rights for life, with appropriate sentencing.
Nowadays, QQ chatting has become a part of the lives of most young people, narrowing the temporal and spatial distance between people and enriching their leisure cultural life. However, while bringing convenience to people's production and life, it also provides opportunities for criminals to commit crimes. Some people specifically use QQ online to find targets of infringement and commit illegal acts, including those who use the internet to commit fraud crimes and those who use the internet to commit violent crimes. Minors who are not deeply involved in the world are particularly susceptible to being deceived and deceived by lies fabricated by criminals through communication methods such as QQ. The defendant in this case, Jin Xueyong, met Wu, who was only 12 years old, through QQ. After obtaining his trust, he made an appointment with Wu and eventually lured him to his residential area on the grounds of finding a job for Wu, and killed him. The occurrence of this case reminds young people that they should not easily get to know strangers through the internet, cannot disclose personal information online, and cannot meet with netizens alone to avoid personal danger. At the same time, it also reminds parents of minors to guide and educate their children to use the internet correctly, purify their online social circle, pay attention to their social circle, and always take precautions to ensure their personal safety.
6、 Shao Jian's Illegal Detention and Rape Case
(1) Basic case
The defendant Shao Jian met the victim Zhang through online chat. On June 25, 2013, the defendant Shao Jian made an appointment with Zhang and forcibly dragged the victim Zhang (female, 17 years old) into a Jetta taxi to Yushu City, Jilin Province near the South Gas Station on Yushan Road in Jilin Province. Zhang was illegally detained in a hotel until June 26. On June 26, 2013, Shao Jian took Zhang to Harbin, Heilongjiang Province and illegally detained him until June 28 at the north bound hotel at the intersection of Hanguang Street and Hanyang Street in Nangang District, Harbin. On June 25, 2013, Shao Jian forcibly brought Zhang to Yushu City, Jilin Province. He repeatedly had sexual intercourse with Zhang in a hotel. On June 26, Shao Jian forcibly brought Zhang to Harbin City. He then had sexual intercourse with Zhang several times in a hotel located north of the intersection of Hanguang Street and Hanyang Street in Nangang District, Harbin.
(2) Judgment results
After trial, the People's Court of Nangang District, Harbin City, Heilongjiang Province found that the defendant Shao Jian illegally detained others and repeatedly raped women through violence and coercion, which constitutes the crime of illegal detention and rape. The charges charged by the prosecution should be punished if they are found guilty. According to the relevant provisions of the Criminal Law, the defendant Shao Jian was convicted of rape and sentenced to nine years in prison and one year in deprivation of political rights; Commit the crime of illegal detention and be sentenced to two years in prison; Combined punishment for multiple crimes, with the decision to execute a fixed-term imprisonment of ten years and deprivation of political rights for one year. After the verdict was pronounced, the defendant in the original trial, Shao Jian, was not satisfied and appealed on the grounds that the original judgment was too heavy in sentencing.
The facts and evidence identified during the second instance are consistent with those in the first instance. The original judgment determined that the fact that the appellant (defendant) Shao Jian was guilty of rape and illegal detention was clear, the evidence was sufficient, the conviction was accurate, and the litigation procedure was legal. The sentencing standards of the original trial court for the crimes of rape and illegal detention committed by Shao Jian are not inappropriate, and they are within the scope of the punishment. The appellant Shao Jian's appeal grounds have no legal basis and are not supported. During the second instance, Shao Jian applied to withdraw the appeal. Shao Jian's application to withdraw his appeal meets the conditions for withdrawal as stipulated by law. In accordance with the provisions of Articles 305 and 308 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China, Shao Jian, the appellant (original defendant), is allowed to withdraw his appeal.
(3) Typical significance
This case is a malicious case of using online chat to deceive the victim into meeting them, coerce and detain the victim, and repeatedly rape the underage victim during the detention period. According to Article 236 (3) (1) of the Criminal Law of China, if the circumstances of raping a woman or raping a young girl are severe, they shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death. However, there is no explicit provision in the criminal law or judicial interpretation regarding the criteria for determining the severity of the situation. In judicial practice, if a woman is illegally detained for a long time and raped multiple times, it is generally recognized as the severity of the situation. Although the punishment for the defendant in this case has not been mastered for more than ten years, considering the specific situation where the defendant has repeatedly committed rape against underage victims for a long time, it can be severely punished according to law. Therefore, within the statutory range of fixed-term imprisonment of three to ten years, the defendant Shao Jian is sentenced to nine years in prison with appropriate sentencing, This fully reflects the protection of special groups such as underage victims.
7、 Case of Forced Labor by Fan Gang and Others
(1) Basic facts of the case
The defendants Fan Gang and Li Yuanwei are married and have rented Room 201, No. 16, 11th Lane, Wangshengtang Street, Yuexiu District, Guangzhou City as watch processing and accommodation facilities. From April to October 2013, defendants Fan Gang and Li Yuanwei recruited three victims, Zhong Cheng (16 years old at the time of the incident), Su Tianyuan (13 years old at the time of the incident), and Zhou Shen (15 years old at the time of the incident), from the agency under the pretext of recruiting workers. They used the method of locking the door and prohibiting them from going out to force the three victims to engage in watch assembly work there. During this period, the defendant Fan Gang assaulted the victims Zhong Cheng and Zhou Shen, and the defendant Li Yuanwei verbally threatened the three victims. The defendant Luo Chunlong assisted the defendant Fan Gang in taking care of the three victims after joining in May 2013. On October 20, 2013, after the victim reported to the police, public security personnel arrived at the scene to rescue three victims and arrested the defendants Fan Gang, Li Yuanwei, and Luo Chunlong. According to forensic identification, the victims Zhong Cheng and Zhou Shen suffered minor injuries to their head, neck, and arms.
(2) Judgment results
After trial, the People's Court of Yuexiu District, Guangzhou City, Guangdong Province found that the defendants Fan Gang, Li Yuanwei, and Luo Chunlong forced minors to work through violence, coercion, and restriction of personal freedom, all of which violated the personal rights of others and jointly constituted the crime of forced labor, with serious circumstances. The defendant Fan Gang plays a major role in the joint crime and should be identified as the principal offender; The defendants Li Yuanwei and Luo Chunlong played a secondary or auxiliary role in the joint crime and should be recognized as accomplices, and should be given a lighter punishment in accordance with the law. Defendants Fan Gang and Li Yuanwei voluntarily plead guilty and truthfully confess their crimes, and may be given a lighter punishment according to law. According to the relevant provisions of the Criminal Law, the defendant Fan Gang is found to have committed the crime of forced labor and is sentenced to three years in prison, with a fine of 10000 yuan; The defendant Li Yuanwei committed the crime of forced labor and was sentenced to ten months in prison, with a fine of 5000 yuan; The defendant Luo Chunlong committed the crime of forced labor and was sentenced to seven months in prison, with a fine of 1000 yuan. After the verdict was pronounced, there was no appeal or protest. The judgment has taken legal effect.
(3) Typical significance
This case is a typical case of forcing minors to work by restricting their personal freedom. The three victims were all under age at the time of the crime, with the oldest being 16 years old and the youngest being only 13 years old. Minors have weaker self-protection abilities due to their immature mental development. The defendant Fan Gang and others specifically recruited minors for forced labor, highlighting the coercive and illegal nature of their behavior. In the current situation of frequent cases of infringing on the rights and interests of minors, the state has attached great importance to the protection of minors. The Supreme People's Court's "Interpretation and Application of the Articles and Supporting Judicial Interpretations of the Criminal Law Amendment (8)" stipulates that the "serious circumstances" of the crime of forced labor include situations where minors are forced to work, regardless of the number of people involved. Therefore, this case is in line with the situation of "serious circumstances", and the principal offender should be sentenced to at least 3 years. The three underage victims in this case were in danger due to going out for fun or working outside. This case warns parents to pay special attention to the personal safety of their underage children while they are away, and it is best not to let them go out to work alone.
8、 Liu Qin and others' intentional injury case
(1) Basic facts of the case
The defendant Liu Qin got to know Ni Moujia through the internet around 2010, and the two had an extramarital affair. Liu Qin requested Ni Moujia to divorce and marry him, but Ni refused. Liu Qin felt resentment. In May 2011, Liu Qin had an argument with Ni's wife Peng at a dry cleaning shop operated by Ni Moujia, and was beaten on the spot by Ni Moujia. Liu Qin had a desire for revenge for this. On March 23, 2012, Liu Qin posted a message on the internet QQ space "Drifting Bottle" titled "Who helped me destroy a woman's appearance", seeking revenge against Peng. Chen (co defendant, sentenced) received this message and replied to Liu Qin that he was willing to help. Liu Qin then contacted Chen through the internet to discuss retaliation, and Liu Qin promised to pay Chen a benefit fee of 10000 to 20000 yuan after the matter was resolved. In June of the same year, Chen came from another province to Yingtan City, Jiangxi Province to meet with Liu Qin. The two of them once again discussed the cost of retaliating against adults, and decided to retaliate against Ni Moyi, the son of Ni Mojia (the victim, who was 8 years old at the time). They also decided to blind Ni Moyi with sulfuric acid. Afterwards, Liu Qin paid and Chen bought sulfuric acid. Liu Qin repeatedly took Chen to the dry cleaning shop operated by Ni Moujia in Yujiang County, Jiangxi Province and Ni Moujia in Nanchang City, Jiangxi Province for inspection and identification. After tracking, he obtained the specific location of Ni Moujia's rented residence. On the morning of July 7th of the same year, Liu Qin observed the actions of Ni and his wife near the dry cleaning shop operated by Ni Moujia. Chen Moujia brought sulfuric acid to wait outside Ni Moujia's rented place at Room 304, No. 104 Shengjin Tower, Jesus Church, Nanchang, waiting for the opportunity to commit the crime. At around 12:00 on the same day, Chen learned through a mobile phone message sent by Liu Qin that Ni and his wife were in a dry cleaning shop. He then went to Ni's rented house and poured a glass bottle of sulfuric acid he had brought onto Ni's face and body, causing extensive burns to Ni's entire body, forming a serious injury of Grade A and Grade II disability.
(2) Judgment results
After trial, the Intermediate People's Court of Nanchang City, Jiangxi Province found that the defendants Liu Qin and Chen used sulfuric acid to destroy a person's appearance, causing serious injury of Class A and disability of Class II, and their actions constituted the crime of intentional injury. Liu Qin raised a criminal intention, hired criminals to retaliate against innocent children, and actively pursued the consequences of the crime. The two defendants jointly planned and planned the crime, causing serious injuries and serious disabilities through particularly cruel means. It is not appropriate to distinguish between the main and accessory offenders for the two defendants. However, Liu Qin's position, role, and subjective malignancy are greater in joint crimes and should be severely punished in accordance with the law. According to the relevant provisions of the Criminal Law, the defendant Liu Qin was found guilty of intentional injury and sentenced to death, deprived of political rights for life. After the verdict was pronounced, Liu Qin appealed. The Higher People's Court of Jiangxi Province held a court hearing in accordance with the law and found that the appellant Liu Qin hired Chen to intentionally harm others by pouring sulfuric acid, causing serious injury to the victim. Both of their actions constituted the crime of intentional injury. Liu Qin, due to emotional disputes with others, hired criminals to harm innocent children. Their criminal motives were despicable, their methods of committing the crime were particularly cruel, the circumstances were particularly severe, and the consequences were particularly serious. Both were the main offenders and should be punished in accordance with the law. Liu Qin's position and role in this case are greater, and his subjective malignancy is deeper. Make a rejection appeal, uphold the original criminal and civil judgment, and submit it to the Supreme People's Court for approval in accordance with the law. The Supreme People's Court has reviewed and found that the defendant Liu Qin, in order to retaliate and vent his anger, hired someone else to intentionally harm the innocent child's body by pouring sulfuric acid, causing serious injury to the victim. His behavior constitutes the crime of intentional injury. In the joint crime, Liu Qin is the most severely responsible principal offender for publishing information about hiring people to commit crimes, investing in purchasing sulfuric acid, and identifying and identifying victims through the internet. Liu Qin's criminal methods are particularly cruel, the circumstances are particularly severe, and the consequences and crimes committed are extremely serious. He should be punished according to law and his death penalty should be approved according to law. Liu Qin has been executed.
(3) Typical significance
This case is a deliberate injury case that brutalizes an innocent child. The tragedy occurred due to the extramarital affair between the innocent child's father Ni Moujia and the defendant Liu Qin. The defendant Liu Qin, whose husband has been working outside for a long time and has been together and separated from each other for a long time, has a real relationship between the couple. Liu Qin, who takes care of children at home, likes to chat with others online when he is bored. Therefore, he met Ni Moujia, who has a family and a pair of children. The two quickly developed an extramarital relationship. During this time, Liu Qin had no job or financial resources, making life very difficult. Ni Moujia often gave Liu Qin some money, and the two maintained an abnormal relationship for a long time. After giving birth to a pair of twin boys, Liu Qin requested a divorce from Ni Moujia and her marriage, but Ni Moujia, who did not want to live with him, refused. When Liu Qin had an argument with Peng Moujia, Ni Moujia beat Liu Qin in front of his wife, and Liu Qin felt a desire for revenge. She wanted to retaliate against Peng Moujia and Ni Moujia's son, making the Ni Moujia couple forever uncomfortable. So, Liu Qin hired the killer Chen Moumou through the internet and burned Ni Mouyi, who was then 8 years old, with sulfuric acid, causing his appearance to be disfigured, his right eye to be removed, his face completely changed, and the pain was unbearable, making life more difficult than death.
This case warns the public: once entering the palace of marriage, it is necessary to establish a correct view of marriage, be responsible for family and family, and handle marital relationships and conflicts correctly. Extramarital love can be described as the "fruit of a poisonous tree", and its negative consequences not only harm oneself, but may also harm family members. The online world is complex and diverse, and the internet can be described as a "double-edged sword". It has both advantages and disadvantages. It is important to grasp oneself and make proper use of the internet.
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