Hubei Province Yunmeng County People's Court
Criminal Judgment
(2010) Yun Shaoxingchu Zi No. 4
Public Prosecution Agency People's Procuratorate of Yunmeng County, Hubei Province.
The defendant Yu Donghua, male, was born in Yunmeng County, Hubei Province on November 28, 1973. He has a junior high school education and is a farmer. He lives in a group in Yanglin Village, Shahe Township, Yunmeng County. He was suspected of rape in December 2009. He was criminally detained by the Yunmeng County Public Security Bureau on January 31, 2010, and was arrested on January 11, 2010. He is currently detained at the Yunmeng County Detention Center.
Defender Xu Donghong, lawyer at Yunmeng County Legal Affairs Center.
The Yunmeng County People's Procuratorate accused the defendant Yu Donghua of committing the crime of rape through Yunjian Criminal Indictment (2010) No. 20, and filed a public prosecution with this court on March 18, 2010. This court formed a collegial panel in accordance with the law. Because this case involved personal privacy, the case was heard in closed sessions in accordance with the law. The Yunmeng County People's Procuratorate appointed prosecutor Dai Chunjiao to appear in court to support the prosecution. The defendant Yu Donghua and his defender Xu Donghong both attended the court. The trial is now concluded.
The Yunmeng County People's Procuratorate filed an accusation: One day in late November 2009, the defendant Yu Donghua coaxed a young girl from the village, Chen Moumou (6 years old), into his room on the second floor of his house and raped her.
In order to confirm the above facts, the Yunmeng County People's Procuratorate submitted to this court the report materials of witness Chen Huashan; the statement of victim Chen Moumou; the confession and defense of defendant Yu Donghua; witnesses Chen Xishan, Chen Chunfang, Li Yaoqing's testimony; the victim Chen's household registration certificate and other evidence were confirmed.
The Yunmeng County People's Procuratorate believes that the defendant Yu Donghua raped a young girl under the age of fourteen, and his behavior has violated the second paragraph of Article 236 of the "People's Republic of China and the Criminal Law of the People's Republic of China" stipulates that the defendant Yu Donghua be held criminally responsible for the crime of rape.
The defendant Yu Donghua confessed to all the above facts and had no objection. However, it was argued that he voluntarily surrendered to the public security organ accompanied by village cadres. To this end, two certification materials from the village cadres and the local police station were submitted to the court.
After trial, it was found that one day in late November 2009, the defendant Yu Donghua saw the young girl Chen Moumou (6 years old) from the neighbor going upstairs alone to his room on the second floor of his house, and immediately became lustful. He carried Chen Moumou to the bed, took off his and Chen Moumou's pants, put his genitals on Chen Moumou's vulva and rubbed them, and then they put on their pants and left.
On November 30, 2009, the victim Chen Moumou and his father reported the case to the public security organs. On the same day, when the defendant Yu Donghua learned that the public security organs were looking for him, he took the initiative to go to Yunzhou under the leadership of the village secretary Yu Changyun. Meng County Shahe Police Station surrendered and truthfully confessed his crime.
Defendant Yu Donghua truthfully confessed the above facts during the trial and was confirmed by the following evidence: 1. Witness Chen Huashan’s report materials; 2. Victim Chen Moumou’s statement; 3. Witnesses Chen Xishan and Chen The testimonies of Chunfang and Li Yaoqing; 4. The household registration certificate of the victim Chen Moumou; 5. The situation description of the Shahe Police Station in Yunmeng County; 6. The situation description of the Yanglin Village Committee of Shahe Township, Yunmeng County.
This court believes that the defendant Yu Donghua raped a girl under the age of fourteen, and his behavior constituted the crime of rape, and the Yunmeng County People's Procuratorate was found guilty of the crime. When the defendant Yu Donghua learned that the public security organs were looking for him, he took the initiative to surrender with the village cadres to the local police station. This should be regarded as surrendering and the punishment can be reduced according to the law. At the same time, the defendant Yu Donghua had a good attitude of pleading guilty after being brought to justice, and had obtained the understanding of the victim's legal representative. In accordance with Article 236, Paragraph 2, and Article 67 of the Criminal Law of the People's Republic of China and the People's Republic of China, stipulations, the verdict is as follows:
The defendant Yu Donghua committed rape and was sentenced to one year in prison.
(The sentence shall be calculated from the date of execution of the judgment; if the sentence is detained before the execution of the judgment, one day of detention shall be equivalent to one day of the sentence. That is, defendant Yu Donghua’s sentence shall be from December 31, 2009 to 2010 Ending on December 30th.)
If you are not satisfied with this judgment, you can appeal in writing through this court or directly to the Intermediate People’s Court of Xiaogan City, Hubei Province within ten days from the second day of receipt of the judgment. The applicant shall submit one original copy of the appeal petition and two copies.
Presiding judge Yu Xiaoyi
Judge Guan Jiafan
People’s assessor Wan Cuiqin
April 2, 2010 10th
Clerk Zhou Ying