(original title: " 80 hind " the official's sex commits a crime)
Recently, net of Chinese judge copy clerk was released " Liu Bin rapes book of ruling of 2 careful criminal " .
Liu Bin is born in on January 1, 1982, city of guest of Guangxi Zhuang Autonomous Region starts guest area person, chuang, master graduate student, hold the post of environment of the appearance of a city of management board of guest city city to manage division section chief formerly. Because be suspected of making forcible rape, was detained by criminal on April 21, 2017, of the same age was arrested on May 5.
This year in March, guest city promotes court of guest division people to be suspected of raping one case via trying Liu Bin.
Guest city promotes cognizance of court of guest division people to maintain, on April 19, 2017 18 when make, the person such as some is in Liu Bin and leaf of the injured party guest city starts guest division auspicious road and suitable unripe ox are big archives has a meal drink, that day 21 when after Xu San banquet, liu Bin barred in roadside a taxi stoned some sends Xie Mou to the leaf some village that some lives, because fail to open Xie Mou some door, liu Bin is passed " drop drop takes a taxi " some sends means general Xie Mou incoming guest city big public house of 68 guest international drives highway of the Ou Weilin that promote guest room, below the assistance of the member that the hotel ensures public security, leaf of land guest cuddle is such-and-such help its up into 1106 rooms.
After the member that ensure public security leaves, liu Bin is in twice on the bed forcibly the leaf with drunk involuntary wine of illicit sexual relations is such-and-such. Classics appraisal, the condom that extracts from the spot, leaf is such-and-such in secretion all the human body part that check gives guest of land of the accused person.
Guest city promotes court of guest division people to think, liu Bin violates woman volition, in the injured party the circumstance with drunk involuntary wine falls, have sex with the injured party forcibly, its behavior already formed forcible rape, should be in 3 years of above 10 years the following set term of imprisonment. Liu Bin carries out a rape 2 times to the injured party, give from heavy punishment. First instance with forcible rape, liu Bin is sentenced set term of imprisonment 4 years 10 months.
After adjudging, liu Bin refuses to obey, he puts forward to appeal to court of guest city intermediate people, mechanism of former public prosecution not counterappeal.
Liu Bin put forward to appealed at 2 o'clock opinion.
One of, drunk wine can not go up from the surface look, ought to check appraisal ability to maintain through alcohol, the circumstance that in nobody any alcohol test appraisal issues original judgement, only by witness of video material, inquiry, illative cognizance the injured party is drunk wine, evidence is insufficient.
Secondly, witness Liang Mou, Mo Mou, Wu Mou confirms, when drinking that evening, some takes Xie Mou by Liu Bin, the language is more ambiguous, tease each other, the relationship is more intimate; After empty after the show, the leaf is such-and-such when with the accused person Liu Bin goes out, mutual cuddle cuddle is held in the arms, the leaf is such-and-such ask Liu Bin sends her to come home actively again, liu Bin says to want to go room, some also agrees with Xie Mou. These witness testimony confirm, appellant and the injured party go together room and having sex is freewill.
Land guest appeal puts forward, this case confirms without any really sufficient evidence at that time the injured party really already drunk wine, original judgement maintains his to violate woman volition, in the injured party the circumstance with drunk involuntary wine falls, the fact that has sex with the injured party forcibly is not clear, evidence is insufficient. Ask 2 careful court lawfully change the original sentence, declare appellant is innocent.
This year on June 14, guest city quadrangle undertook not sessional cognizance to this case. Find out via cognizance, the fact that 2 careful find out and evidence and first instance are identical.
This courtyard thinks via checking, the evidence such as clerk of hotel monitoring video, hotel and the attestation of the member that ensure public security confirms, bare of the injured party is worn at that time double foot, body tilts serious, cannot walk independently, just enter a room below the help of other, stoned of proof the injured party is objective fact.
Next, allegation of the injured party, with hand push and crural kick the other side, do not have consciousness next, morrow 6 when the sign that bedside sees after awaking just knows is guest international big public house, see hotel monitoring kinescope through tone, just knowing is be raped by Liu Bin, when proving Cong Mou of the injured party, rise to morrow 6 when make, be in the status with drunk automatic wine.
Thirdly, the accused person is offerred narrate, the injured party is already so drunk at that time that the injured party do not have consciousness, her shoe is dropped on board, she cannot have taken a route, liu Bin can slowly cuddle is worn her waist, help her up elevator mouth, below hotel clerk and the help of the member that ensure public security, support the injured party into the room, liu Bin and the injured party have sex, the injured party kicks Liu Bin with double leg, spurn of land guest both hands, turn over extend a head to issue vomiting toward the bed, throw flat bed directly next, liu Bin holds the injured party in the arms go to bed, continue to have sex, liu Bin lies about 30 minutes on the bed after, have sex again with the injured party again, this the injured party does not have what reaction.
Guest city quadrangle says, "Visible, of the accused person for narrating, the objective fact that reflects with hotel monitoring video, and the confirm of each other of allegation homogeneous phase of hotel clerk and the attestation of the member that ensure public security, the injured party, enough proof, in the injured party the circumstance with drunk involuntary wine falls, liu Bin has sex with the injured party forcibly. Liu Bin has sex with the injured party forcibly..
Final, guest city quadrangle thinks, original judgement maintains Liu Bin to violate woman volition, in the injured party the circumstance with drunk involuntary wine falls, the fact that has sex with the injured party forcibly is clear, evidence is really sufficient, qualitative and accurate, applicable law is correct, measurement of penalty is proper, rule the process is legal. Appeal (apologetic) opinion, lack factual basis, reason does not hold water, this courtyard does not grant to adopt.
Final ruling rejects appeal, maintain original judgement, liu Bin with forcible rape, the set term of imprisonment that be sentenced 4 years 10 months
