|
|
|
No.6 of Eight Model Cases Involving Infringement upon the Lawful Rights and Interests of Minors Issued by the Supreme People's Court: People v. Shao Jian (a case of illegal detention and rape)
|
|
最高人民法院公布八起侵害未成年人合法权益典型案例之六：邵建非法拘禁、强奸案
|
|
|
|
No.6 of Eight Model Cases Involving Infringement upon the Lawful Rights and Interests of Minors Issued by the Supreme People's Court: People v. Shao Jian (a case of illegal detention and rape)
(a case of illegal detention and rape)
最高人民法院公布八起侵害未成年人合法权益典型案例之六：邵建非法拘禁、强奸案
|
|
|
|
|
|
|
| No.6 of Eight Model Cases Involving Infringement upon the Lawful Rights and Interests of Minors Issued by the Supreme People's Court: People v. Shao Jian (a case of illegal detention and rape) | | 最高人民法院公布八起侵害未成年人合法权益典型案例之六：邵建非法拘禁、强奸案 |
| (1) Basic Facts | | （一）基本案件 |
| Defendant Shao Jian made acquaintance with the victim surnamed Zhang through online chat. On June 25, 2013, Shao Jian made an appointment to meet with Zhang, and near a gas station on the south side of Yusan Highway in Jilin Province, he forcibly pulled the victim surnamed Zhang (female, at the age of 17) into a Jetta taxi to head for Yushu City, Jilin Province, and illegally detained Zhang until June 26 at a hotel. On June 26, 2013, Shao Jian took Zhang to Harbin City, Heilongjiang Province, and illegally detained Zhang until June 28 in the Beiwang Hotel at the intersection of Hanguang and Hanyang Streets, Nangang District, Harbin City. After Shao Jian forcibly took Zhang to Yushu City, Jilin Province on June 25, 2013, he repeatedly forced Zhang to have sex with him at a hotel, and after Shao Jian forcibly took Zhang to Harbin City on June 25, 2013, he repeatedly forced Zhang to have sex with him in the Beiwang Hotel at the intersection of Hanguang and Hanyang Streets, Nangang District, Harbin City. | | 被告人邵建通过网络聊天认识被害人张某某，2013年6月25日，被告人邵建约见张某某，并在吉林省榆三公路道南加油站附近，强行将被害人张某某（女，17岁）拽上一辆捷达出租车前往吉林省榆树市，在一家旅店内非法拘禁张某某至6月26日。2013年6月26日，邵建又将张某某带至黑龙江省哈尔滨市，在哈尔滨市南岗区汉广街与汉阳街交口处的北往旅店内，非法拘禁张某某至6月28日。2013年6月25日，邵建将张某某强行带至吉林省榆树市后，在一家旅店内多次强行与张某某发生性行为，6月26日邵建将张某某强行带至哈尔滨市后，在哈尔滨市南岗区汉广街与汉阳街交口处的北往旅店内，多次强行与张某某发生性关系。 |
| (2) Judgment | | （二）裁判结果 |
After a trial, the People's Court of Nangang District, Harbin City, Heilongjiang Province held that, defendant Shao Jian was guilty of the crime of illegal detention and the crime of rape because he illegally detained another person and repeatedly raped a woman by means of violence and coercion. The charge filed by the public prosecution authority was tenable, and he should be punished. In accordance with the relevant provisions of the Criminal Law, Shao Jian was sentenced to a fixed-term imprisonment of nine years with deprivation of political life of one year for the crime of rape; he was sentenced to a fixed-term imprisonment of two years for the crime of illegal detention; he was subject to the joinder of penalties, and the Court decided to execute the fixed-term imprisonment of ten years with deprivation of political rights for one year. After the judgment was pronounced, the defendant in the original instance, Shao Jian, filed an appeal against the original judgment on the ground that the sentence imposed on him was too severe in the original judgment.
．．．．．． | | 黑龙江省哈尔滨市南岗区人民法院经审理认为，被告人邵建非法拘禁他人并多次以暴力、胁迫手段强奸妇女，其行为已构成非法拘禁罪、强奸罪。公诉机关指控的罪名成立，应予以惩处。依照刑法有关规定，判决被告人邵建犯强奸罪，判处有期徒刑九年，剥夺政治权利一年；犯非法拘禁罪，判处有期徒刑二年；数罪并罚，决定执行有期徒刑十年，剥夺政治权利一年。宣判后，原审被告人邵建不服，以原审判决量刑过重为由，提出上诉。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥200.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | | | | | | |
Scan QR Code and Read on Mobile
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. Lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials as we dynamically expand content.
|
|
|
|
|
|