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2023-08-08
On the 28th, the Supreme Court of Justice issued a typical case of punishing sexual assault on minors
catalogue
1. Li Jishun's rape and child molestation case
2. Dong Qi's rape case
3. Wei Lianzhi's child molestation case
4. Li Peixin's child molestation case
5. Liu Zhenfang and others introduced the prostitution case
1、 Li Jishun's rape and child molestation case
(1) Basic facts of the case
From the first half of 2011 to June 4, 2012, the defendant Li Jishun, while teaching at a village primary school in Wushan County, Gansu Province, took advantage of the young and ignorant, timid and shy weaknesses of the students in the school. He successively killed the victims Wang Moujia, Pan Moujia, Kang Jia, Kang Mouyi, Kang Bing, Yang Jia, Yang Mouyi, Wang Mouyi, Kang Mouding, Liu Moujia, Yang Bing, Kang Mouwu, Yang Ding, Li Moujia, Kang Mouji, Liu Mouyi, Yang Wu, Kang Mougeng, Wei Moujia, Li Mouyi Li Moubing deceived the victims Yang Ji, Pan Mouyi, Yang Geng, Yang Mouxin, and Yang Mouren into committing adultery and molestation in the dormitory, classroom, and forest outside the village. Li Jishun has also repeatedly committed rape and indecency against the same victim or multiple victims at the same time. The 26 victims mentioned above are all young girls aged 4 to 11.
(2) Judgment results
The People's Procuratorate of Tianshui City, Gansu Province has filed a public prosecution against the defendant Li Jishun for rape and child molestation. After trial, the Intermediate People's Court of Tianshui City found that Li Jishun, using his status as a teacher, repeatedly committed rape and indecency against more than 20 young girls under the age of 14 in classrooms and dormitories. His behavior has constituted the crime of rape and child molestation, and should be punished in accordance with the law. Li Jishun's criminal plot is extremely heinous and poses great social harm, and should be severely punished. According to the provisions of Article 236, Article 237, paragraphs 1 and 3, Article 57, paragraph 1, and Article 69 of the Criminal Law of the People's Republic of China, Li Jishun was sentenced to death for rape and deprived of political rights for life; Sentenced to five years in prison for child molestation, sentenced to death and deprived of political rights for life.
After the verdict was pronounced, the defendant Li Jishun appealed. The Higher People's Court of Gansu Province 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, after review, found that Li Jishun, using his special status as a teacher, repeatedly committed adultery and indecency against more than 20 young girls under the age of 12. The nature and circumstances of the crime were extremely heinous, causing great harm to society, and the crime was extremely serious. Li Jishun's death sentence was approved in accordance with the law. The criminal Li Jishun has been executed.
(3) Typical significance
The defendant in this case, Li Jishun, as a teacher of the people, has a special responsibility to educate and protect the victims in the case. However, he has used his position as a teacher to repeatedly rape and molest multiple young girls, making his crimes more covert and difficult for the victims to resist and expose; The victim of this case is between the ages of 4 and 11, both of whom are students studying in primary school or preschool. Li Jishun took advantage of the victim's weakness of being young, ignorant, and timid, and used deception to commit crimes on and off campus, severely damaging the physical and mental health of the young girl, with extremely negative social impact; Among the young girls who were violated, there were multiple left behind children in rural areas who, as vulnerable groups, were more vulnerable to crime. Li Jishun committed crimes against them, resulting in even more serious consequences; Li Jishun has repeatedly raped and molested young girls over a year, with a total of 26 people involved, and the criminal circumstances are particularly heinous. Article 25 of the "Opinions on Punishing Sexual Offences against Minors in accordance with the Law" (hereinafter referred to as the "Opinions on Sexual Offences") stipulates: "Those who commit crimes of rape or indecent assault against minors shall be given heavier punishment, and those who have one of the following circumstances shall be punished harshly in accordance with the law: (1) those who have special responsibilities towards minors,..., commit crimes of rape or indecent assault; (4) Rape or indecent assault committed against children under the age of twelve, left behind children in rural areas, or minors with severe disabilities or delayed mental and intellectual development; (5) Indecent to multiple minors, or committing multiple rape or indecent crimes Li Jishun, as a person with special responsibilities towards minors, has repeatedly committed rape and indecent acts against multiple children under the age of twelve and left behind children in rural areas. If he meets the conditions specified in Article 25 (1), (4), and (5) of the Sexual Abuse Opinion, he shall be punished severely in accordance with the law. It is appropriate for the people's court to impose the death penalty on Li Jishun in accordance with the law.
2、 Dong Qi's rape case
(1) Basic facts of the case
At around 0:00 on May 23, 2013, the defendants Dong Qi and Guo (to be dealt with separately) crossed a wall and entered the west campus of a high school in Botou City, Hebei Province, jumping out of a window and entering the girls' dormitory. Dong Qi used violent and coercive methods such as neck pinching, slapping, and verbal threats to remove the clothes of six female victims, Zhang, Zhao, Tian, Wang, Hu, and Wang, and forcibly committed adultery. Among them, in addition to attempting to rape Wang, he also attempted to rape the other five victims. Among the six victims, Wang Moujia has just turned 14 years old, and the other five victims are all under 14 years old.
(2) Judgment results
The People's Procuratorate of Cangzhou City, Hebei Province has filed a public prosecution against the defendant Dong Qi for committing rape. After trial, the Intermediate People's Court of Cangzhou City found that Dong Qi's rape of multiple young girls and the use of violence and coercion to forcibly rape the victim Wang Moujia against the will of women constitute the crime of rape. The charges charged by the prosecution are established. The victims Zhang, Zhao, Tian, Hu, and Wang are all under the age of 14. Dong Qi has continuously committed adultery against the five young girls mentioned above and should be punished severely. But Dong Qi's punishment for the attempted rape of victim Wang Moujia can be compared to a lighter punishment for the accomplished offender. According to the provisions of Article 236 (1), (2), (3) (2), Article 23, and Article 57 (1) of the Criminal Law of the People's Republic of China, the defendant Dong Qi was sentenced to death for the crime of rape, with a two-year suspension of execution and deprivation of political rights for life.
After the verdict was pronounced, there was no appeal or protest within the statutory time limit. After legal review by the Higher People's Court of Hebei Province, it has agreed to approve the original judgment.
(3) Typical significance
This case is a rape crime committed against female students in school, which occurred in a special location and occurred in the dormitory of the school girls. The defendant, Dong Qi, entered the girls' dormitory by climbing over walls and windows, and committed a series of crimes, committing rape against six underage girls. The crime was particularly heinous and the consequences were very serious, seriously affecting the personal safety of the students. According to the provisions of the Criminal Law, those who rape women or have sexual intercourse with multiple young girls shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death. Article 25 of the "Opinions on Punishing Sexual Offences against Minors in accordance with the Law" stipulates: "Those who commit rape or indecent crimes against minors shall be given a heavier punishment, and those who fall under one of the following circumstances shall be given a stricter punishment in accordance with the law:... (2) those who enter the residence of minors or student collective dormitories to commit rape or indecent crimes;" Taking into account the nature, circumstances, and consequences of the crime in this case, The Intermediate People's Court of Cangzhou City sentenced Dong Qi to death with a two-year reprieve and deprived him of political rights for life.
It is worth noting that on the night of the crime, there were more than ten girls in the dormitory where the victim of this case was located, and none of them called for help or resisted during the crime process. During the on duty teacher's room inspection, there were no students calling for help from the teacher, resulting in the failure to detect and prevent the defendant's criminal behavior in a timely manner. The reason for this is related to the fact that the victims are still young and have weak self-protection awareness. This warns parents and schools of minors to increase their education on self-protection awareness, strengthen the construction of school safety facilities and safety supervision measures, and avoid similar tragedies.
3、 Wei Lianzhi's case of child molestation
(1) Basic facts of the case
Since the beginning of 2009, the defendant Wei Lianzhi has repeatedly sexually assaulted Wang (male, 13 years old) in a small forest and temporary residence in a park in Fengtai District, Beijing, using methods such as giving pocket money and touching the victim's genitals. As of December 2013, Wei Lianzhi repeatedly sexually assaulted six other boys, including victims Zhang (male, 11 years old), Xie (male, 12 years old), Yin (male, 11 years old), He (male, 11 years old), Zou (male, 13 years old), and Yuan (male, 12 years old), in his temporary residence and by a small pond in Fengtai District.
(2) Judgment results
The People's Procuratorate of Fengtai District, Beijing has filed a public prosecution against the defendant Wei Lianzhi for the crime of molesting children. After trial, the People's Court of Fengtai District found that Wei Lianzhi repeatedly molested multiple children, infringing on their physical and mental health. His behavior has constituted the crime of molesting children and should be given a heavier punishment according to law. The charges charged by the prosecution are established. Although Wei Lianzhi was able to truthfully confess the facts of the crime, he repeatedly molested multiple children for a long time, many of whom were under the age of 12, seriously damaging the physical and mental health of the children. He should be punished severely according to law. Given the circumstances of his crime and the consequences of social harm, he will not be given a lighter punishment. According to the provisions of Article 237, Paragraph 1, Paragraph 3, and Article 61 of the Criminal Law of the People's Republic of China, Wei Lianzhi was sentenced to five years in prison for the crime of indecent assault on children.
After the verdict was pronounced, there was no appeal or protest within the statutory time limit. The judgment has taken legal effect.
(3) Typical significance
This case is a typical case of molesting a boy in the community. For the crime of indecent assault on children, according to the provisions of the Criminal Law, a heavier punishment shall generally be imposed within the statutory range of imprisonment or detention of not more than five years. In order to refine the situation of severe and severe punishment and reflect the criminal policy of special protection for minors, the "Opinions on Punishing Sexual Offences Against Minors in accordance with the Law" stipulates that those who commit indecent acts against children under the age of 12, molest multiple minors, or commit indecent crimes multiple times should reflect more severe punishment on the basis of severe punishment. In this case, the defendant Wei Lianzhi used small favors to lure and deceive 7 boys for a period of up to 5 years, and repeatedly sexually assaulted them. Among them, 3 victims were under the age of 12, seriously damaging the physical and mental health of the children. Therefore, the court punished them severely in accordance with the law, and sentenced them to a maximum of five years in prison within the statutory punishment range.
During the trial of this case, the defendant Wei Lianzhi and his defense argued that due to his special life experience, Wei Lianzhi had a defensive mentality towards adults and was a pedophile. He was sexually assaulted due to mental illness. The court considered that Wei Lianzhi did indeed confess and repent after committing a crime. In order to help him open his heart and prevent more children from being harmed, a psychological expert was specially invited to provide psychological counseling after the trial. With the patient help of psychological experts, Wei Lianzhi began to face his own problems and stated that during his sentence, he would undergo psychological correction and adjustment according to the methods taught by psychological experts.
The occurrence of this case is not only due to reasons related to the defendant, but also due to the fact that the victim is a minor and has poor awareness of prevention. The serious lack of safety education from parents for their children is also a very important reason. In order to remind parents to provide safety education for their children, prevent and reduce the occurrence of such cases, the presiding judge of this case sent a "Letter to Parents" to the parents. Based on the characteristics of the child molestation case, targeted suggestions were made to parents, and multiple media outlets reported on this case and the series of extension activities carried out, achieving good legal publicity and publicity effects.
4、 Li Peixin's child molestation case
(1) Basic facts of the case
Since August 2011, the defendant Li Peixin took advantage of his wife Zhang's absence and repeatedly used threats, lures, and other means to touch her breasts, genitals, and other means to sexually assault her stepdaughter He (the victim, who was 10 years old at the time) in her residence in Huadu District, Guangzhou City, Guangdong Province. On May 17, 2013, public security personnel arrested Li Peixin at his home.
(2) Judgment results
The People's Procuratorate of Huadu District, Guangzhou City, Guangdong Province has filed a public prosecution against the defendant Li Peixin for the crime of child molestation. After trial, the People's Court of Huadu District believes that Li Peixin has repeatedly molested children through threats and deception, and his behavior has constituted the crime of child molestation. According to law, he should be punished with a sentencing range of not more than five years of imprisonment or criminal detention. Based on the specific circumstances, harmful consequences, and confession attitude of Li Peixin's crime, in accordance with the provisions of Article 237 (1) and (3) of the Criminal Law of the People's Republic of China, Li Peixin is sentenced to three years in prison for the crime of molesting children.
After the verdict was pronounced, there was no appeal or protest within the statutory time limit. The judgment has taken legal effect.
(3) Typical significance
This case is a typical case of a stepfather molesting an underage stepdaughter. Minors are in a special period of physiological and psychological development, with poor ability to distinguish right from wrong and self-protection. They often do not know or dare not resist illegal infringement, and are prone to becoming the target of sexual assault. Especially those who have a common family life relationship with minors, due to their convenient access to minors and their advantageous position or even dominant relationship in terms of material and living conditions, committing sexual assault crimes is more covert and usually lasts longer, making it more difficult for juvenile victims to resist and expose to relevant departments, resulting in greater social harm. Therefore, Article 25 of the "Opinions on Punishing Sexual Offences against Minors in accordance with the Law" stipulates that individuals who have a common family life relationship with minors who commit rape or indecency crimes shall be severely punished in accordance with the law. In this case, the defendant Li Peixin registered marriage with Zhang, the mother of He, and formed a common family life relationship with He. He not only failed to fulfill his due protective duties, but also sexually assaulted his 10-year-old stepdaughter, which is not allowed by law and seriously violates human ethics. Considering that Li Peixin was able to voluntarily confess and repent after being brought to justice, the court sentenced him to three years in prison in accordance with the law.
5、 Liu Zhenfang and others introduced the prostitution case
(1) Basic facts of the case
During the summer vacation of 2012 until the end of April 2013, eight defendants, including Liu Zhenfang, Du Yiquan, Ye, Xu, Liu, Qin, Wang, and Lu, formed separate or cross collaborations and made agreements with the prostitutes over the phone. After multiple attempts to contact Zhou, Zhu, Xu, Wang, Shen, Chen, Lu, Huang, Zhuang, and Li Eleven people including Lu (except for Lu, all other introduced individuals are underage, and Zhou and Zhu are under the age of 14) were brought to multiple hotels, guesthouses, or the homes of prostitutes in Dipu Town and Meixi Town, Anji County, Zhejiang Province, to introduce prostitution and seek illegal benefits. Among them, Liu Zhenfang introduced prostitution 8 times, Ye introduced prostitution 10 times, Xu introduced prostitution 8 times, Liu introduced prostitution 8 times, Du Yiquan introduced prostitution 4 times, Qin introduced prostitution 2 times, Lu introduced prostitution 1 time, and Wang introduced prostitution 1 time.
(2) Judgment results
The People's Procuratorate of Anji County, Zhejiang Province has filed a public prosecution against defendants Liu Zhenfang, Du Yiquan, Ye, Xu, Liu, Qin, Wang, and Lu for introducing prostitution. After trial, the Anji County People's Court found that the actions of the eight defendants all constituted the crime of introducing prostitution. Among them, Liu Zhenfang, Du Yiquan, Ye, Xu, and Liu repeatedly introduced others to engage in prostitution, and also introduced minors to engage in prostitution, with serious circumstances. Given that Du Yiquan has a criminal record of introducing prostitution, he will be given a heavier punishment as appropriate; Ye, Xu, Liu, Qin, Wang, and Lu, who are minors, shall be given a lighter or mitigated punishment in accordance with the law; Liu Zhenfang, Du Yiquan, Ye, Xu, Liu, Qin, Wang, and Lu all voluntarily plead guilty and receive lenient punishment as appropriate. According to the provisions of Article 359, Paragraph 1, Article 25, Paragraph 1, Article 17, Paragraphs 1 and 3, Article 72, Paragraph 1 and 3, Article 73, Article 52, and Article 53 of the Criminal Law of the People's Republic of China, Liu Zhenfang and Du Yiquan are respectively sentenced to six years in prison and fined RMB 10000 for the crime of introducing prostitution; Sentenced Ye to three years in prison, suspended for four years, and fined RMB 8000; Xu and Liu were sentenced to three years in prison, suspended for three years and six months, and fined RMB 8000; Qin was sentenced to six months of detention, suspended for ten months, and fined RMB 5000; Wang and Lu were each sentenced to three months of detention, suspended for six months, and fined RMB 3000.
After the verdict was pronounced, the defendant Du Yiquan appealed. The Intermediate People's Court of Huzhou City has ruled in accordance with the law to dismiss the appeal and uphold the original judgment. The judgment has taken legal effect.
(3) Typical significance
This case is a typical case of prostitution among school students, which has had a certain social impact in the local area. Among the eight defendants, except for Liu Zhenfang and Du Yiquan who have reached adulthood, the other six defendants are all minors. The eleven prostitutes introduced were mostly underage female students in school, and some of the introduced prostitutes belonged to young girls under the age of 14. Each defendant knows or should know the age of the introduced prostitute. According to the provisions of the Criminal Law, those who introduce prostitution in serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined. Introducing the prostitution of minors is more likely to corrode their minds, damage their physical and mental development, pose relatively greater social harm, and constitute a crime. Therefore, Article 26 of the "Opinions on Punishing Sexual Offences against Minors in accordance with the Law" stipulates that heavier punishment should be given. The Anji County People's Court has identified five defendants, Liu Zhenfang, Du Yiquan, Ye, Xu, and Liu, who have committed multiple crimes such as introducing others to engage in prostitution or minors to engage in prostitution, as "serious cases of introducing prostitution". Two of them, Liu Zhenfang and Du Yiquan, who have reached adulthood and have committed the most serious crimes, have been sentenced to six years in prison and fined RMB 10000, respectively, This better reflects the criminal policy of severely punishing crimes of sexual assault on minors.
Due to the involvement of six juvenile defendants in this case, the Anji County People's Court fully considered the following aspects during the trial: firstly, the legal aid center was notified in accordance with the law to designate a defender for the juvenile defendants, and the legal representative was notified to appear in court to listen to opinions. The trial was held in private to protect the legitimate rights and interests of minors. Secondly, when sentencing, attention should be paid to the principle of combining punishment and education. Six juvenile defendants should be declared suspended in accordance with the law, and at the same time, criticism and education should be given to them. The regulations that should be followed during the probation period should be informed in accordance with the law, in order to facilitate the defendants' rehabilitation.
In recent years, similar cases of prostitution among school students as described in this case have occurred in multiple places. For such cases, in addition to emphasizing the legal punishment of those who introduce prostitution by the judicial authorities, parents and schools should also strengthen the education and management of minors, so that children who are not deeply involved in the world can form correct values and money views, consciously resist the erosion of hedonism, have self-esteem and love, be cautious in making friends, and not indulge themselves in pursuit of extravagant life, or even commit illegal crimes. Only by prioritizing education and prevention can we truly protect the healthy growth of minors.
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