A few days ago, court of Jinan city intermediate people is raped to case make final judgment rule, reject Zhao Mou's appeal, maintain original judgement. Court decision of court of first instance: Because Zhao Mou makes forcible rape be sentenced set term of imprisonment 12 years. Zhao Mou, male, was born at Jinan 1987, culture of junior high school, without course of study. His forcible rape goes, before happening at a year, at that time, his follow at sb' heels 12 years old of girls, in order to repair gas for cheat the girl to open a door, the thing of travel against the law.
12 years old of girls buy a meal to come home alone, somebody is pretended to be long knock gasly
On August 20, 2018, a common Zhou Yi in summer vacation.
Much at 10 o'clock that day morning, live in Jinan the floret of some village (alias) go out from the home alone buy a rice. After buying a rice, she goes toward the home. She did not realize, it is in this process, the Zhao Mou that drank wine stares at this girl that went up to go out alone, and all the way follow at sb' heels. This all the way the Zhao Mou of follow at sb' heels, male, was born at Jinan 1987, culture of junior high school, without course of study.
According to the memory of floret, floret just arrived home at that time, hear somebody to knock. Lying between enter a door Zhao Mou to say, downstair leakage is gas, he needs to look to floret home. This girl of 12 years old did not think more, she what be in the home alone opened the door. Stand opposite floret, be many years old 30, the new man that height controls 170 centimeters.
Enter floret home in later, zhao Mou was to go first kitchen, pretend to examine gas equipment. After going from the kitchen, he drew out knife of a fold from the bag, and take advantage of an opportunity spreads out before floret. Floret was psyched out immediately, she knew to meet bad person, beg Zhao Mou not to kill oneself. Zhao Mou says, he won't harm the girl, let the girl go to a bedroom. Right now girl can be obedient to only, after two people come a bedroom, zhao Mou shucked off the clothings such as the girl's skirt actually, the thing of collateral against the law... subsequently, zhao Mou puts on the dress, leave from Home Xiaohua.
The mother discovers the child is unusual call the police, morrow police arrests the suspect
That day afternoon, floret told his mother this matter.
Much at 2 o'clock that day afternoon, floret tells mother, the individual takes the home in the morning, still did hard the thing of open one's mouth... mom listens urgent, look after children instantly come to toilet, the child says the private parts is aching, cannot normal urine, the mother examines discovery carefully, the child's private parts is a little red. After mom tells the child father, head for public security mechanism to call the police instantly. On the road that call the police, the child tells family, that man professes is to repair gas, let her open the door, the other side after she opens the door takes out a knife, let her go to a bedroom, took off her dress, kiss her to the lower part of the body with the mouth, the dress that the man still shucks off him did that thing...
Receive after reporting a case to the security authorities, police acts instantly launch investigation. On August 21, namely case hair the following day, jinan police classics is investigated, in the Ou Mou in Jinan city town some village Zhao Mou of person of 67 the accused is domiciliary seize its, check buckle commit the crime tool fold knife 1.
First trial court is maintained, much at 10 o'clock on August 20, 2018, some is in Zhao of the accused person after Jinan discovered the flower that walks alone near some village, dog all the way at the door the girl's home, open a door in order to maintain natural gas for renown diddle the injured party. Zhao Mou enters the injured party after the home is medium, adopt hold the method menace the injured party with threatening knife to enter a bedroom, shuck off clothings of the injured party, strike private part of the injured party with genital disclose, did not insert because of dodge of ache of the injured party, zhao Mou leaves after in home of the injured party.
Court of first instance sentences man set term of imprisonment 12 years, 2 careful maintain original judgement
First trial court thinks, the behavior of Zhao Mou of the accused person forms forcible rape. Some adopts Zhao Mou hold a knife to enter a threatening means illicit sexual relations to resent of 12 one full year of life young female, the clue is abominable, lawfully from heavy punishment. According to " criminal law of People's Republic of China " the 236th the 2nd, the 3rd (one) , the 64th regulation, with the accused person Zhao Mou makes forcible rape, sentence a set term of imprisonment 12 years; Along with case turn over commit the crime tool fold knife gives 1 times confiscate.
After adjudging, mechanism of former public prosecution not counterappeal. Nevertheless Zhao Mou of person of first trial the accused refuses to obey court decision, put forward to appeal. Via court of Jinan city intermediate people 2 careful cognizance are found out, the fact that about appellant Zhao Mou makes forcible rape and evidence and first instance are identical, keep court decision of first trial court, do not grant to adopt to the opinion of Zhao Mou and its paraclete, reject appeal.
Basis " 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 19th regulation, to dissatisfaction the injured party of 12 one full year of life carries out the behavior of sexual enroach on such as illicit sexual relations, ought to hold behavior person " know perfectly well " the other side is young female. With respect to this case character, department of the injured party was born in December 2006, vogue of on record hair is not full 12 one full year of life, zhao Mou ought to know perfectly well the other side when executive criminality is young female.
" 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 " return a regulation, carry out rape, act indecently towards crime in the light of minor, ought to from heavy punishment, have one of following state, more should lawfully from punish severely place: ... (2) enter minor abode to carry out rapist blame; (3) adopt violent, threatening wait for compulsive method to carry out illicit sexual relations young of female crime; (4) to dissatisfaction the children of 12 one full year of life carries out rapist blame. With respect to this case character, integrated this case crime object, place, method and guilty consequence, after Zhao Mou enters dwelling place of the injured party, take the compulsive step of the injured party of the menace that hold a knife, right not full the injured party of 12 one full year of life carried out behavior of illicit sexual relations, ought to maintain lawfully for the clue abominable.
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