On April 12, procuratorate of division of former administrative division of solid former city releases information of case of the change the original sentence after counterappeal one case: Solid Yuan Yinan child in open coach between schedule, be suspected of act indecently towards young female, first instance is sentenced two years. After the court decision, procuratorial work mechanism thinks measurement of penalty of court of first instance puts forward counterappeal too gently, amend a judgment of 2 careful court prohibits this man must not pursue relevant trade inside 5 years.
Since 2015, li Mou is opened coach the class recruits a student, exploit the advantage that makes up a missed lesson to the student, be opposite 4 respectively young female carried out act indecently towards behavior. On November 7, 2018, procuratorate of people of division of former administrative division is suspected of blame of act indecently towards children with Li Mou to sue, of the same age on December 13, court of district of former administrative division makes first instance adjudicate, cognizance Li Mou commits crime of act indecently towards children, sentence a set term of imprisonment 2 years.
After procuratorate of people of division of former administrative division gets a court decision, think via examining, li Mou fastens the personnel that has special responsibility to minor, its use functionary advantage to carry out act indecently towards behavior to many children, guilty clue is serious, social impact is big, brought serious body and mind to damage to the injured party. Basis " criminal law of People's Republic of China " the 237th, of print and distribute of procuratorate of top people court, top people, the Ministry of Public Security, judiciary " the opinion that about punishing lawfully minor of sexual enroach on commits a crime " the 9th, the 25th regulation, ought to from heavy punishment.
Procuratorial work mechanism thinks, li Mou is divided outside confessing the guilt that narrates oneself according to the facts, do not have again other and legal the light, clue that reduces punishment. The statute of adjudicative comfortable use that reason thinks court of first instance sentences Li Mou set term of imprisonment 2 years is wrong, abnormal of measurement of penalty is light, and did not sentence to its prohibit from course of study. Accordingly, procuratorate of people of division of former administrative division puts forward counterappeal. Procuratorate of people of solid former city thinks via examining, reason of this case counterappeal is sufficient, give support.
On March 18, court of intermediate people of solid former city makes final judgment adjudicate, li Mou sentences change the original sentence of two years of set term of imprisonments to be 3 years by first instance, sentence its must not pursue relevant trade inside 5 years.
