Party message
Procuratorate of people of the city zone of benefit of city of state of benefit of public prosecution mechanism.
The accused person collect is such-and-such, male, was born on July 23, 1989, the Han nationality, the specialized subject graduates, census register seat: County of clever hill of city of state of admire of Guangxi Zhuang Autonomous Region, because be suspected of robbing blame, compulsive and act indecently towards blame, was distinguished by city of benefit of public security bureau on June 23, 2017 bureau criminal is detained, procuratorate of people of the city zone of benefit of city of classics benefit state is approved, was distinguished by city of benefit of public security bureau on July 8, 2017 bureau arrest.
Cognizance course
Procuratorate of people of the city zone of benefit of benefit state city appealed to 〔 with punishment of public prosecution of benefit city check on August 30, 2017 2017 〕 1056 indictments, some makes Luo Mou of person of accusation the accused rob blame, compulsive and act indecently towards blame, to this academy to sue. After this academy is accepted, comprise collegiate bench lawfully, underground open a court session heard this case. Procuratorial work of assign of procuratorate of people of the city zone of benefit of benefit state city member Chen Wenbin appears in court supportive public prosecution, luo Mou of the accused person some joins suit to front courtyard. This case already was tried now terminative.
First instance requests a condition
Procuratorate of people of the city zone of benefit of benefit state city accuses: On June 22, 2017 in the morning 7 when make 40 minutes, some is in Luo Mou of the accused person the city zone of benefit of benefit state city presses down some apartment 3 times inside 6 buildings footpath, club of use electrical shock will hire 603 rooms to preparing to go out the king of the injured party that go to work some 1 corona, hind Wang Mou 1 this floor that drags to be hired to its inside the bedroom of 606 rooms, with cord Wang Mou 1 bind go up in the bed, threaten, minatory Wang Mou 1 hand over gold. In discovery Wang Mou 1 after doing not have money, some lets Luo Mou Wang Mou 1 phone its family to turn the paragraph arrives 3000 yuan Wang Mou on 1 small letter. Because 1 small letter binds Wang Mou,decided a bank to get stuck, some goes to Luo Mou Wang Mou was taken in the drawer of the 603 rooms of 1 firstly Zhang Jian sets bank card and cash RMB 20 yuan, with Wang Mou 1 small letter is operated after carry now, carry 3000 yuan show Wang Mou on the card of this Zhangyin travel of 1, let Wang Mou 1 after speaking a bank to block a password, hold this bank to block 3000 yuan to take paragraph RMB to Chinese agriculture ATM again.
Rob procurable hind, the accused person collect is such-and-such king of the injured party some 1 dress is in the nude, to Wang Mou 1 undertake patting naked according to, inserted Wang Mou with false penis 1 vagina 3.
Above fact, public prosecution mechanism provided corresponding evidence.
Public prosecution mechanism thinks, luo Mou of the accused person some is a purpose with detinue, use violent means to rob other property RMB 3020 yuan, in the meantime, some disregards Luo Mou state law, enforce with violent, threatening method act indecently towards woman, its behavior already offended " criminal law of People's Republic of China " the 263rd, 237 the first regulations, guilty fact is clear, evidence is really sufficient, blame, compulsive and act indecently towards blame counts a blame and ought to punish in order to rob investigate its criminal duty. The guilt that narrates oneself can be confessed according to the facts after some brings to justice Luo Mou, have " criminal law of People's Republic of China " the 67th clue of the 3rd regulation, OK and light punishment. Basis " procedural law of criminal of People's Republic of China " the 172nd regulation, to sue, sentence lawfully please.
Mechanism of some pair of public prosecution accuses Luo Mou of the accused person its make rob blame, compulsive and act indecently towards blame not dissent.
This academy is found out
Rob procurable hind, some returns Luo Mou of the accused person king of the injured party some 1 dress is in the nude, undertake patting to the injured party naked according to, inserted Wang Mou with false penis 1 vagina 3.
Above fact, procuratorial work mechanism is referred, give via the following evidence of judicial qualitative testimony, attestation proof:
1, criminal case accepts registration form, put on record to decide a book, the origin that proves a case and the investigation program that starts from this is lawful, effective.
2, king of the injured party some 1 allegation, on June 22, 2017 7 when make, I prepare to go to work, the man that hires sees when just opening rented house door, he is waiting for me in the doorway, his right hand is taking a torch to be in directly my left waist report a few, I am vociferous a few a few conditions were removed in past room, trip is gone to all the time later the corner leans, that man goes to the side of me to let me do not cry, I ask he wants to work, he says I want money only, I am then dizzy went. Awake when me conscious when I discover I am not in the rented house of myself, be in however the rented house of that man, I am lie on the bed to leftward move, my both hands still is bound together by cord put on the head, there still is a bead in the mouth, first by the bag ring of a black, my hand was moved a few times, that man lets me be not moved, still ask I have money, I say to do not have money, he is pressed on my body with respect to whole person, and say to me: "You do not have money yourself to think way, what is consequence otherwise you know " , I say to do not have money really, my mobile phone you are OK go off with, that man says he does not want my mobile phone, let me call person calling the home turns money comes, I phone an elder sister, passed ten minutes about, my sister switched with small letter 3000 yuan give me, that man is taking my mobile phone to raise money the bank clip that showed me later, he asks my bank blocks a password again, I tell him, next he goes out to take money. Crossed the left and right sides 20 minutes probably, that man comes back, after coming back, he says to me money is taken by me now, give you two options now, one is patted namely naked according to, the 2nd killed you, I chose the first, that man took off my dress, begin to take a picture to me next, after was being patted, I feel he is taking a club to be inserted inside the vagina, about 5 minutes, I am crying all the time ache, then he did not continue to take that club. He will wear the bag on my head to be taken later and the both hands unlock me, he took a mobile phone to take my Id and the telephone call that put my father and mother, next he was taking a string of key to leave a rented house. The rented house that I put on the dress to run back to myself after calls called the police. My waist is hurt with torch report by him, there is the mark of claw before the bosom.
3, search warranty, ransack note, sequestered decision book, distrain and give back detailed list, proof:
① handles a case the policeman is right watch of body of some 1 person undertakes king of the injured party examination, in its watch of the body other left and clavicular lower part, navel all examines bruise; In its left and right sides side waist all checks doubt to be like by mark of bruise of electric rod report, undertake taking a picture fixed testimony to expressing a trace in order to the upper part of the body then.
Personnel of ② public security is opposite lawfully the accused person collect is such-and-such temporarily abode (be located in Zhong Kai of benefit state city new and high warden upstairs promotes an Internet bar 408 rooms) undertake ransacking, in Luo Mou a purse and an OPPOA33m mobile phone are hunted down inside some one knapsack, the cash reserve in a bank that be grabbed is seized inside purse 2703 yuan, other inside the room position did not discover doubtful article, immediately gives to afore-mentioned article sequestered; Be in additionally person collect checks the accused to have Wang Mou of the injured party inside some mobile phone album that some uses 1 naked illuminate a piece, handle a case the policeman is naked to this according to undertake filming fixed testimony. After case hair, cash 2703 yuan already Wang Mou of give back the injured party 1.
4, identify note reach photograph autograph to offer, proof:
King of the injured party is robbed 1 pair some and act indecently towards its man (namely the accused person collect is such-and-such) , the spot that be grabbed undertook identifying;
Some is opposite Luo Mou of the accused person by its plunder wealth and by act indecently towards woman (namely Wang Mou of the injured party 1) , the place of ATM of ATM of Chinese agriculture bank that taking card of bank of the injured party to take a money, rob the spot, RMB that takes out, film of the woman that be grabbed.
5, photograph of video check scheme and autograph are offerred, prove via Luo Mou of the accused person some identifies reach an autograph to offer, the man that red group group tags in check scheme photograph is his oneself, its are taking paragraph and the picture that take a paragraph to preparing to leave.
6, record of job of inspection of spot survey produce the expected result, graph and photograph, field of proof case discovery is located in benefit the city zone village of 3 old wellhead 6 buildings of 10 thousand suitable apartment 606 rooms, the structure inside the room, decoration reachs the relevant situation such as circumjacent environment.
7, certificate of record of illness of Hua Kang hospital of benefit state city, disease, after proving some 1 case sends king of the injured party, to Hui Zhouhua health hospital sees a doctor, be in traumatic companion to ache 2 days more via diagnosing systemic body, abdomen sees 2 place skin is burnable on the right side of abdomen of cut, bosom sees much place skin contuses, local tenderness strut. Clean alexipharmic processing to cut.
8, the bank trades detail, the China of 1 builds Wang Mou of proof the injured party bank account turned on June 22, 2017 Zhang stocks 3000 yuan, crossed the record that takes away 3000 yuan all right that day.
9, medical jurisprudence human body injures degree testimonial, cadre of 1 human body has Wang Mou of proof the injured party skin of hypodermic haemorrhage companion exfoliates, according to " standard of appraisal of rate of human body injury " regulation, assess is did not amount to slight injury.
10, to case course, personnel of proof public security arrests the accused person some circumstance reachs Luo Mou to be not had confess one's crime, the clue that make contributions behaves.
11, census register material, proof the accused the fundamental condition such as the age with person such-and-such collect, home address.
12, the guilty issue that Luo Mou of the accused person robs compulsive and act indecently towards other some pair
This academy thinks
This academy thinks, luo Mou of the accused person some is a purpose with detinue, use violent means to rob other 3020 yuan of RMBs, its behavior already was formed rob a blame; Some returns Luo Mou of other defendant person to enforce with violent, threatening method act indecently towards woman, this behavior already made compulsive and act indecently towards crime, the charge that public prosecution mechanism charges holds water. The accused person makes already rob a blame, commit compulsive and act indecently towards crime again, should count a blame lawfully and punish. After some brings to justice Luo Mou of the accused person, can confess the guilt that narrates oneself according to the facts, punish lightly lawfully. According to " criminal law of People's Republic of China " the 263rd, the 237th the first, the 67th the 3rd, the 69th, fiftieth 2, fiftieth 3, the 64th regulation, the court decision is as follows:
Juridical result
One, some makes Luo Mou of the accused person rob a blame, sentence a set term of imprisonment 4 years 2 months, punish Jin Sanqian yuan; Commit compulsive and act indecently towards crime, sentence a set term of imprisonment one year 8 months, summation term of imprisonment 5 years 10 months, decide to carry out 5 years 6 months, punish Jin Sanqian yuan (the computation since the day that term of imprisonment executes from the court decision. The court decision carries out what go ahead of the rest detains before, detain is folded one day reach prison term one day. Come to will stop on December 22, 2022 since June 23, 2017 namely. Fine should be in since the day that adjudicates become effective originally inside a month, one-time to this academy pay, treasury of turn over to the higher authorities) ;
2, the article of this case distrain, handle lawfully by sequestered mechanism.
If refuse to obey,adjudicate originally, can be in since the 2nd day when receive report inside 10 days, through this academy court of intermediate people of city of state of direct perhaps Xianghui appeals. Of written appeal, should give in indictment original, carbon 2.
