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Seven Model Criminal Cases Involving Infringement upon Women and Minors Implemented through the Network Published by the Supreme People's Court [Effective]
最高人民法院公布七起通过网络实施的侵犯妇女未成年人等犯罪典型案例 [现行有效]
【法宝引证码】

Seven Model Criminal Cases Involving Infringement upon Women and Minors Implemented through the Network Published by the Supreme People's Court 

最高人民法院公布七起通过网络实施的侵犯妇女未成年人等犯罪典型案例

(October 21, 2014) (2014年10月21日)

Case No. 1 案例一
People v. Feng Wendong (a case of intentional homicide and theft) 被告人冯文东故意杀人、盗窃案
(1) Basic Facts (一)基本案情
Defendant, Feng Wendong, made acquaintance with the victim surnamed Zhang (female, 24 years old at the time of death) through the Internet. On July 21, 2010, Feng Wendong came to the apartment jointly rented by Zhang and the victim, Li Zhongpeng (25 years old at the time of death), which was located in a community of Fangcheng Garden, Fengtai District, Beijing Municipality, and played Sadism & Masochism (sexual abuse game) with Zhang as agreed. Around 00:00 of the following day, Feng Wendong came into conflict with Zhang and Li Zhongpeng due to trifle matters. He chopped and stabbed Zhang and Li Zhongpeng at the neck, chest-back, and abdomen for dozens of times with the kitchen knife in Zhang's room and the dagger he carried, which caused the deaths of Zhang and Li Zhongpeng for acute hemorrhagic shock. Afterwards, Feng Wendong stole one IBM laptop (valued at 200 yuan), one OBEE mobile phone (valued at 30 yuan), one wallet (valued at 10 yuan), and 1,000 yuan in cash of Li Zhongpeng and left the scene. 被告人冯文东通过互联网与被害人张某某(女,殁年24岁)相识。2010年7月21日,冯文东到张某某与被害人李仲鹏(殁年25岁)合租的北京市丰台区芳城园某小区的一房间内,依约定与张某某玩SM游戏(即性虐待游戏)。次日零时许,冯文东因琐事与张某某、李仲鹏发生争执,遂持张某某屋内的菜刀及其随身携带的匕首,先后砍、刺二人颈部、胸背部及腹部数十刀,致二人急性失血性休克死亡。之后,冯文东将李仲鹏IBM笔记本电脑一台(价值200元)、OBEE牌手机一部(价值30元)、钱包一个(价值10元)及现金1000余元盗窃逃离现场。
(2) Judgment (二)裁判结果
After a hearing, the No. 2 Intermediate People's Court of Beijing Municipality held that: After coming into conflict with other persons, defendant, Feng Wendong, killed two persons with knives, which act has constituted a crime of intentional homicide; and after committing the homicide, Feng Wendong also stole a large amount of properties from the victim, which act has constituted a crime of theft. Therefore, Feng Wendong should be subject to the joinder of penalties according to the law. In accordance with the relevant provisions of the Criminal Law, the No. 2 Intermediate People's Court of Beijing Municipality determined that defendant, Feng Wendong, should be sentenced to death with deprivation of political rights for life for the crime of intentional homicide; should be sentenced to a fixed-term imprisonment of six months with a fine of 500 yuan for the crime of theft; and decided to execute the death penalty with deprival of political rights for life and impose a fine of 500 yuan. After the judgment was pronounced, Feng Wendong appealed. Upon hearing according to the law, the Higher People's Court of Beijing Municipality rendered a ruling to reject the appeal, affirm the original judgment, and report the death sentence to the Supreme People's Court for confirmation in accordance with law. Upon review according to the law, the Supreme People's Court rendered a ruling to confirm the death penalty on Feng Wendong. 北京市第二中级人民法院经审理认为,被告人冯文东与他人产生矛盾后,持刀杀死二人的行为已构成故意杀人罪;其在实施杀人行为后,窃取被害人数额较大财物的行为又构成盗窃罪,应依法并罚。依照刑法有关规定,北京市第二中级人民法院认定被告人冯文东犯故意杀人罪,判处死刑,剥夺政治权利终身;犯盗窃罪,判处有期徒刑六个月,并处罚金人民币五百元,决定执行死刑,剥夺政治权利终身,并处罚金人民币五百元。宣判后,被告人冯文东提出上诉。北京市高级人民法院经依法审理,裁定驳回上诉,维持原判,并依法报请最高人民法院核准。最高人民法院经依法复核,裁定核准被告人冯文东死刑。
(3) Significance (三)典型意义
The victim surnamed Zhang was originally a male. After having a sex transsexual surgery in Thailand, Zhang opened training courses of sexual abuse games on the Internet for profit and recruited sexual abuse game partners. After knowing through the Internet that Zhang was recruiting sexual abuse game partners, defendant, Feng Wendong, immediately contacted Zhang, voluntarily paid 1,500 yuan, and made Zhang commit sexual abuse on him. In the game, for fear that Zhang would kill him after he was bound, Feng Wendong came into conflict with Zhang and he stabbed and killed Zhang and Li Zhongpeng, the victim who jointly rented the apartment with Zhang, with knives. The trial of this case has clearly conveyed to the public the risks that cyber virtuality intervenes to the private lives of people. Net citizens are expected to raise their vigilance and cultivate healthy and positive interests and hobbies so as to avoid bringing trouble upon themselves. 被害人张某某本系男性,去泰国做了变性手术后,以盈利为目的,在网络上开设性虐待游戏培训班及招募性虐游戏伙伴。被告人冯文东通过网络知道张某某招募性虐游戏伙伴后,即与张某某联系并自愿付款1500元,让张某某对其实施性虐待。游戏过程中,冯文东因害怕自己被捆绑后,张某某会将其杀害,二人因此发生争执,遂持刀捅死张某某及与张某某共同租房的被害人李仲鹏。该案的审判,清晰地向社会传达了网络的虚拟性介入到个人隐私生活的风险,希望广大网民对此要提高警惕,并培养健康、向上的兴趣爱好,避免惹火烧身。
Case No. 2 案例二
People v. Huang Su'an (a case of fraud) 被告人黄苏安诈骗案
(1) Basic Facts (一)基本案情
In October 2011, defendant, Huang Su'an, registered a screen name “Profound Feelings” on a match-making website with the fabricated identity of a Chinese American, and made acquaintance with the female victim surnamed Xie. In the course of their interaction, Huang Su'an lied to Xie that his work entity would initiate an investment project of the Panama Canal route, the return rate of this project was six times of the principal, the investment threshold was 7.05 million yuan, and an additional return of 18 million yuan would be given before the New Year's Day of 2012 besides the repayment of the principal, and he persuaded Xie to make an investment. Xie gave credence to it and agreed to invest in the aforesaid project. On October 18, Xie transferred 50,000 yuan to the account designated by Huang Su'an. On October 20, Xie borrowed 2 million yuan from others at a high interest and delivered it to Huang Su'an through bank transfer and other means. Afterwards, Xie borrowed 4.9 million yuan from others again at a high interest and delivered it with her savings of 100,000 yuan to the person that was sent by Huang Su'an. After discovering that she was cheated, Xie called the police and illegal proceeds of 3.35 million yuan were recovered. 2011年10月,被告人黄苏安用虚构的美籍华人身份,在某婚恋网站注册“相濡以沫”网名并结识女被害人谢某。交往过程中,黄苏安向谢某谎称,他所在的工作机构将启动巴拿马运河航线投资项目,该项目回报率为本金的6倍,投资门槛为人民币705万元,在2012年元旦前除偿还本金外可另行给予回报1800万元,以此劝说谢某投资。谢某信以为真,同意投资上述项目。10月18日,谢某将5万元转至黄苏安指定的账户。同月20日,谢某向他人高息借得200万元,先后通过银行转账等方式交予黄苏安。之后,谢某又向他人高息借得490万元及积蓄10万元一并交给黄苏安派来的人。谢某发现被骗后报警,追回赃款335万元。
(2) Judgment (二)裁判结果
After a hearing, the No. 1 Intermediate People's Court of Shanghai Municipality held that: For the purpose of illegal possession, defendant, Huang Su'an, defrauded the victim of money amounting to 7.05 million yuan by fabricating his identity, making up an investment project with high returns, and other means. His acts have constituted a crime of fraud and a huge amount of money was involved. In accordance with the relevant provisions of the Criminal Law, the Court determined that Huang Su'an should be sentenced to life imprisonment with deprivation of political rights for life and confiscation of all his personal property for the crime of fraud. After the judgment was pronounced, Huang Su'an appealed. Upon hearing according to the law, the Higher People's Court of Shanghai Municipality rendered a ruling to reject the appeal and affirm the original judgment. 上海市第一中级人民法院经审理认为,被告人黄苏安以非法占有为目的,采取虚构身份、编造高额回报投资项目等方法诈骗被害人钱款达705万元,其行为已构成诈骗罪,且数额特别巨大。依照刑法有关规定,认定被告人黄苏安犯诈骗罪,判处无期徒刑,剥夺政治权利终身,并处没收个人全部财产。宣判后,被告人黄苏安提出上诉。上海市高级人民法院经依法审理,裁定驳回上诉,维持原判。
(3) Significance (三)典型意义
This is a case where a crime of fraud is committed by making friends on a match-making website. With the accelerated pace of work and life in cities, specialized match-making websites have become new platforms for marriageable men and women, especially white-collar citizens, to get acquainted with the opposite sex; however, due to such reasons as low registration threshold and difficulty in information review, false information on some match-making websites is easy to be used by criminals in committing illegal and criminal acts. Some criminals register accounts on match-making websites, make friends in fake identities and after gaining the trust of the opposite side, commit such violence crimes as theft, fraud, extortion and even rape and abduction by taking the opportunity. The defendant in this case registered an account on a match-making website and after having contended for the favorable impression and trust of the victim in the fake identity of “a Chinese American” as an excuse and bite, defrauded the victim of a large amount of money in the name of investment and financing. Although the defendant in this case was finally subject to severe legal punishment and some illegal proceeds were recovered, the emotional trauma and the large amount of property damages the victim has suffered were difficult to be restored and recovered. This case warns the public that they should select regular match-making websites to the maximum extent and should prudently verify the identity and other information of the other person involved, and may not easily pay money and get emotionally engaged before information of the other person involved is verified. 本案是一起利用婚恋网站交友实施诈骗犯罪的案件。随着都市工作、生活节奏的加快,专业婚恋网站成为适婚男女,特别是都市白领结识异性的新平台。但由于注册门槛低、信息审核难等原因,部分婚恋网站信息虚假,容易被不法分子用于实施违法犯罪行为。一些不法分子在婚恋网站注册账号,利用虚假身份进行交友,骗取对方信任后,借机实施盗窃、诈骗、敲诈勒索甚至强奸、绑架等暴力犯罪。本案被告人在婚恋网站注册账号,以虚假身份“美籍华人”作为幌子和诱饵,博取对方好感和信任后,以投资理财为名,诈骗巨额钱财。本案被告人虽然最终受到法律严厉制裁,部分赃款亦已追回,但被害人遭受的情感创伤以及巨额财产损失很难弥补挽回。此案警示公众,尽量选择正规婚恋交友网站,审慎核实对方身份及其他信息,在未确定对方信息前不轻易付出钱财和投入感情。
Case No. 3 案例三
People v. Wang Daohong (a case of intentional homicide) 被告人王道红故意杀人案
(1) Basic Facts (一)基本案情
At the beginning of 2008, defendant, Wang Daohong, made acquaintance with a married woman surnamed Liu (victim, 33 years old at the time of death) through online chat and they afterwards developed into a romantic relationship. In July 2009, Wang Daohong got acquainted with a new girlfriend and made the girlfriend pregnant. In November 2009, Wang Daohong met Liu and had sex with her. On the following day, Wang Daohong asked to borrow 5,000 yuan from Liu on the excuse of his girlfriend's pregnancy, but was refused by Liu. As angry as Wang Daohong was, he pinched Liu's neck with hands, tied it tight with a towel, and blocked Liu's mouth and nose with adhesive tapes, which caused Liu's death by mechanical asphyxia. After having buried Liu's corpse, Wang Daohong sent short messages to Liu's family defrauding of money, but failed. 2008年初,被告人王道红与有夫之妇刘某(被害人,殁年33岁)通过网络聊天相识,后发展为情人关系。2009年7月,王道红结识了新女友并致女友怀孕。2009年11月,王道红与刘某相约见面后发生了性关系。次日王道红以女友怀孕为名向刘某借钱5000元,遭到刘某拒绝。王道红心生恼怒,先后用手掐、用毛巾勒刘某颈部,还用胶带封住刘某口鼻,致刘某机械性窒息死亡。王道红将刘某的尸体掩埋后,持刘某手机向刘某家人发短信诈骗钱财未果。
(2) Judgment (二)裁判结果
After a hearing, the Intermediate People's Court of Changde City, Hunan Province held that: Defendant, Wang Daohong, caused the death of the victim by pinching and tying tight the victim's neck and other means due to trifle matters, which acts have constituted a crime of intentional homicide. Due to the cruel means of homicide, serious consequences, and defraudation of money from the victim's relatives after the homicide, Wang Daohong possesssed serious subjective malice, serious criminal circumstances, and extraordinarily serious crime and therefore he should be severely punished according to the law. In accordance with the relevant provisions of the Criminal Law, the Court determined that defendant, Wang Daohong, should be sentenced to life imprisonment with deprivation of political right for life for the crime of intentional homicide. After the judgment was pronounced, Wang Daohong appealed. Upon hearing according to the law, the Higher People's Court of Hunan Province rejected the appeal, affirmed the original judgment, and reported the death sentence to the Supreme People's Court for confirmation in accordance with law. Upon review according to the law, the Supreme People's Court rendered a ruling to confirm the death penalty on Wang Daohong.
......
 湖南省常德市中级人民法院经审理认为,被告人王道红因琐事采取掐、勒颈部等方式致被害人死亡,其行为构成故意杀人罪。王道红杀人手段残忍,后果严重,且杀人后向被害人亲属骗取钱财,主观恶性极大,犯罪情节恶劣,罪行极其严重,依法应予严惩。依照刑法有关规定,认定被告人王道红犯故意杀人罪,判处死刑,剥夺政治权利终身。宣判后,王道红提出上诉。湖南省高级人民法院经依法开庭审理,驳回上诉,维持原判,并依法报请最高人民法院核准。最高人民法院经依法复核,裁定核准被告人王道红死刑。
......

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