When taking the advantage of female resident to open the door
The man holds Dao Chuang to enter be about to rob inside house
Making what the person indissolubles is
After two people " the word chats " 5 come hour...
Enter room cateran and female victim Lao 5 hours
This year Chen Mou of 28 years old is person of Liaoning village river, because make,ever imprisoned blame, forcible rape illegally to obtain punishment 2 years. On June 5, 2018 15 when make, the Chen Mou with short of money at hand plans to grab the flower that choose fund, bought a sword then, it is later inside village river city go for a walk is searched commit the crime target.
That day 17 when make
Chen Mou takes aim around old warehouse of aquatic product of village river city got on next coming home Ms. Yao of transient here, because Ms. Yao is skinnier and stature is short, this ability became Chen Mou's target.
Follow at sb' heels of old some road reachs village river city Yan'an road mouth of door of building of 2 paragraphs of one dweller Ms. Yao, take the advantage of the machine that Ms. Yao opens the door, chen Mou enters room forcibly inside, press Ms. Yao, chen Mou takes Dao Wei coerce Ms. Yao not to make her vociferant, prevent its to escape.
Chen Mou prepares to leave to want money to her again in before dawn when Ms. Yao home, head of in process of 2 people tear at Ms. Yao gets hurt. To avoid exasperate Chen Mou, ms. Yao chats with Chen Mou all the time protracted time, chen Mou sees her one time this behave, put down wariness stage by stage.
Chen Mou is returned very " exquisite " the ground smokes to the kitchen, ms. Yao takes the chance to carry small letter to relative ask for help.
That evening 22 when make
Policeman of police station of the area just outside a city gate of public security bureau of village river city is received after calling the police, arrive at the Chen Mou after Ms. Yao home will hide in the door to seize, hunt down black on the spot plastic hilt cutting tool.
Make rob a blame to be sentenced set term of imprisonment 5 years
Procuratorate of people of village river city robs a blame to be opposite with making Chen Mou to sue.
Argue of the Chen Mou in front courtyard careful says: "I take knife follow at sb' heels that woman is not to rob, I do not admit to rob, I just want to go to her home sleeping. I just want to go to her home sleeping..
Forensic cognizance thinks, chen Mou is a purpose with detinue, hold lethal weapon to enter a disaster to take other property with violent, minatory method, its behavior already was formed rob a blame, should grant to penalize lawfully. Chen Mou is in be about to carry out black handle sword was bought before robbing, therewith of the end after locking up the injured party with calm puny figure is entered forcibly room, with cutting tool control, minatory the injured party the revolt with suppress the injured party, and gold is about to ask for to the injured party when leave, enough maintains Chen Mou to have carry out those who rob is subjective and intended. Chen Mou ever was sentenced because of crime set term of imprisonment, penalty carries out the crime that after ending, the recommit inside 5 years ought to condemn penalty of above of set term of imprisonment, department jailbird, ought to from heavy punishment. Chen Mou is in when carrying out afore-mentioned criminality, as a result of the reason beyond the volition did not prevail, fasten attempted crime, can prep according to lawfully accomplished offense makes reduce punishment.
First instance of court of people of village river city adjudicates, chen Mou makes rob a blame, sentence a set term of imprisonment 5 years, punish gold 10 thousand yuan.
After first instance is adjudged, procuratorial work mechanism thinks " abnormal of measurement of penalty is light " put forward counterappeal, chen Mou puts forward to appeal.
Recently, final judgment of court of Dalian city intermediate people rules: Reject counterappeal, appeal, maintain original judgement.
