The manager rapes female employee by public prosecution, 4 witnesses turn over card on the court! Ho

Reporter: Yu Dongming

Reporter: Di

4 witnesses are opposite one case rape case appears in court when attest, attestation unexpectedly with in police investigation phase place makes attestation polarity. Via checking, 4 people turn over card on the court, it is to suffer a person to incite did on the court perjured. On March 26, shanghai careful of court of the 2nd intermediate people writtened guarantee this has a case, sentence 4 witnesses set term of imprisonment 1 year respectively with perjured blame the term of imprisonment that 3 months differ to 10 months, sentence the Yang Mou set term of imprisonment that incites 4 people to forswear 1 year with obstructive attest blame 4 months.

The graph is spot of front courtyard careful.

Rape record produces after dining together

The injured party is drunk wine becomes a key

Late on June 16, 2017, some company holds collective party activity, 19 employee participated in altogether to dine together this, the atmosphere between banquet is very lively. One pedestrian feels not quite to one's heart's content after gone dinner, head for the KTV recreation around again then, till before dawn a group of talent drops off gradually.

Who expects the following day, female employee Wang Mou calls the police say, she sufferred the rape of company director Ma Mou. Ma Mou arrives case deny, weighing both sides produce an impact of one's own accord. But Wang Mou expresses, she is in that evening a lot of wine were drunk on the party, ma Mou is to take the advantage of her the impact produced with her forcibly during drunk wine revolts feebly. So, is Wang Mou had after all at that time malty? To confirm this one crucial fact, police subpoena many staff that joins a party together, try reductive that evening circumstance.

The person such as the colleague Li Mou that attends a party that evening, Zhang Mou, Xu Mou, Lin Mou notes in the inquiry of police in all express, wang Mou drank many wine that evening, leave to be in condition of apparently drunk wine when public place of entertainment. However, on December 12, 2017, pass 4 witnesses to appear in court lawfully when the court when attest, the allegation of 4 people is mixed however in public security phase note disparate, all express to there is drunk wine when Wang Mou leaves KTV.

The court thinks after classics investigation, ma Mou carries out the fact of the rape, the allegation of not only the injured party notes give confirm, still the evidence such as chatting record of monitoring kinescope, small letter gives confirm. To the testimony of 4 witnesses, the testimony that drunk wine condition is in when the court finds out 4 people to be sent about Wang Mou case and other evidence can mutual confirm, reason should collect testimony of stoned of letter the injured party. Final, the court adjudicates Ma Mou makes forcible rape, sentence its set term of imprisonment 5 years.

Around is offerred narrate abhorrent

The witness confesses the department suffers a person to incite

After careful of this case front courtyard, witness Lin Mou, Xu Mou says he is to suffer a person to incite false testimony was provided in front courtyard careful. Because the behavior of 4 witnesses has been suspected of perjured blame, police launched investigation of put on record to this case.

The case arrived phase of front courtyard careful, court of first instance is found out via cognizance, xu Mou of the accused person, Zhang Mou, Li Mou, Lin Mou suffers Yang Mou of the accused person to incite, when appearing in court as the witness in the front courtyard careful that is suspected of raping one case in Ma Mou, the clue such as expression of whether drunk to the Wang Mou of the injured party that this case has main concern wine, after the event, make false proof intentionally, the intent hides evidence of a crime, bring about this case to cannot adjudicate smoothly.

Court of first instance thinks, xu Mou, Zhang Mou, Li Mou, Lin Mou has made perjured crime, yang Mou of the accused person incites other to forswear, had made obstructive attest crime. The department when Lin Mou commits the crime is full already 16 one full year of life are not full the minor of 18 one full year of life, ought to punish lightly lawfully. Xu Mou, Lin Mou all is offerred according to the facts to case hind narrate, can punish lightly lawfully; Zhang Mou, Li Mou, Yang Mou does not confess his guilt to the refus after the case, but can give in front courtyard careful confess, admit one's guilt the manner is passable, all but take into consideration the circumstances is punished lightly. Final, court of first instance sentences the accused person to allow some set term of imprisonment 1 year respectively with perjured blame 2 months, set term of imprisonment of Zhang Mou, Li Mou 1 year 3 months, lin Mou set term of imprisonment 10 months; Sentence set term of imprisonment of Yang Mou of the accused person 1 year with obstructive attest blame 4 months.

Affect judicatory judgment badly

Average per capita of the person that incite, card obtains punishment

After first instance is adjudged, zhang Mou of the accused person, Li Mou, Yang Mou refuses to obey, put forward to appeal. A few days ago, 2 quadrangle of Shanghai made public open a court session to hear this case, zhang Mou appeal says, she is done in public security note reach it is not clear to appear in court whether drunk to the injured party wine shows when attest, did not forswear. Zhang Mou's paraclete thinks, zhang Mou sings in KTV Wang Mou did not see leave after the end, accordingly, whether be in drunk wine condition to not be clear about to Wang Mou, the circumstance answer that did not see to its is not clear, accord with a witness to ought to make clear the principle that witting objective fact states according to the facts to oneself.

The appeal on Li Mou criterion seeks light punishment. Its paraclete points out, li Mou is enquiring to in noting, say " drink much " not be its straight impressions suffers, and " drink much " is not sober, this cannot be defined with law, so Li Mou says when attest Wang Mou is " sober " with " drink much " not contradictory.

To Yang Mou, the court is found out, its are in on January 11, 2019 judgment of criminal of first instance of sign after receiving sth, put forward to appeal on January 22, already exceeded legal 10 days of appeal period, and without equitable argument, the appeal of reason Yang Mou is invalid. That day, yang Mou attended front courtyard careful as person of first trial the accused. Yang Mou says he is to suffer place of Ma Mou wife to hold in the palm ask a lawyer and intervene this case, also be to want telephone number of the injured party to beg for Ma Qisuo forgive the person such as ability and Zhang Mou to meet, did not incite other to forswear.

Procuratorial work mechanism points out, li Mou enquires to in noting, say in police " two box are drunk to control red wine about during dinner, wang Mou drank a cup of red wine, KTV goes singing after dinner, 4 people play dice to drink one box beer, what Wang Mou and Ma Mou twosome are defeated is more many what drink. Wang Mou's bag and mobile phone are here, zhang Mou helps her bring back the home, wang Mou is drunk at that time much. " in front courtyard careful, li Mou expresses however " 19 people drank ten bottles of beer, remnant a lot of did not drink " , lord drank a few cups of wine some, refus does not approbate Wang Mou to drink much fact.

Zhang Mou says in note, see when KTV " Wang Mou is holding Ma Mou in the arms all the time, do not know to doing what " , " many what Wang Mou and Ma Mou are defeated, many bits when drink so, 4 people played game to drink ten bottles of beer almost. " in front courtyard careful however some did not drink lord how many wine, did not drink when restaurant; Drank a few cups of wine only in KTV, wang Mou should be not drunk much, weigh those who go to he is the last, when seeing Wang Mou, she is sober, did not see Wang Mou has engaged the man.

On put together, procuratorial work mechanism thinks a:appellant reason of appellant Zhang Mou, Li Mou cannot hold water, the proposal rejects appeal, maintain original judgement.

To Yang Mou exculpatory, procuratorial work mechanism thinks, what Yang Mou has had a variety of differring to the reason that meets with the witness before front courtyard is exculpatory, be like " be afraid that the witness is entered do not go court, its can be contacted from which " " Xu Mou and Zhang Mou make an appointment with his to meet, say to there is a minor in the witness, when be afraid of a court nervous, reason agrees to meet with them " etc, around of visible Yang Mou is offerred narrate differ, and on record evidence confirms, it is witness of Yang Mou requirement to village of fish of 1000 islands lake, reason is right of Yang Mou should not collect a letter apologetically.

2 quadrangle of Shanghai think, xu Mou of person of the accused of appellant Zhang Mou, Li Mou, first trial, Lin Mou rapes the witness of the case as Ma Mou, in this case investigation phase all provided testimony according to the facts lawfully, but level is tried in the court, guarantee was read in the autograph, below the circumstance that made clear witness obligation, with respect to the injured party whether drunk wine provided the testimony with investigation phase polarity, and fail to meet each other with the objective proof such as the monitoring video that collects lawfully, affirm the department is perjured thereby. Before attest, yang Mou get together when 4 witnesses meet, zhang Mou, Li Mou all attendant, to relevant circumstance all witting, reason should maintain appellant Xu Mou of person of the accused of Zhang Mou, Li Mou, first trial, Lin Mou makes false proof intentionally in criminal lawsuit, the intent hides evidence of a crime, ought to assume criminal responsibility lawfully.

About Yang Mou, 2 quadrangle of Shanghai think, yang Mou gets a person hold in the palm entrust paraclete for Ma Mou, be in prosecuting witness Xu Mou, Zhang Mou, Li Mou, Lin Mou after that appear in court the get together before attest is together, incite its to provide the testimony of deflection Ma Mou, in raping careful of case front courtyard, through small letter understanding witness appears in court the plan of attest, after front courtyard get together witness understands attest content. Afore-mentioned processes have evidence to be able to confirm, reason is in to Yang Mou in careful of 2 careful front courtyard do not grant to collect a letter apologetically.

Final, 2 quadrangle court decisions of Shanghai reject appeal, maintain original judgement.

The judge reminds

According to the facts attest is every citizen

Should do one's duty

Of 2 quadrangle of Shanghai undertake judge Zhang Hua points out, in criminal lawsuit according to the facts attest, it is the obligation that every citizen ought to fulfil, also be to safeguard judicatory normal order, those who ensure judicatory judgment fairness is just is important assure. And do perjured it is a kind of criminality, perjured crime can encroach a judiciary normal activity, affect the just sex of juridical result badly, endanger judicatory authority, and the legitimate rights and interests of party of may direct enroach on, bring about the happening of unjust verdict possibly even.