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No.3 of Three Model Child Sexual Abuse Criminal Cases Published by the Supreme People's Court: People v. Wu Maodong (case of dispute over child molestation)
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最高人民法院公布关于性侵害儿童犯罪案件的三起典型案例之三：吴茂东猥亵儿童案
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No.3 of Three Model Child Sexual Abuse Criminal Cases Published by the Supreme People's Court: People v. Wu Maodong (case of dispute over child molestation)
(case of dispute over child molestation)
最高人民法院公布关于性侵害儿童犯罪案件的三起典型案例之三：吴茂东猥亵儿童案
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[核心术语]
老师;猥亵儿童;故意
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[争议焦点]
1.行为人作为一名小学老师，多次在中午学生午休时猥亵女学生，并多次在放学后实施猥亵行为，构成何种犯罪？
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[案例要旨]
猥亵儿童罪是指以刺激或满足性欲为目的用性交以外的方法对儿童实施的淫秽行为。不满十四周岁的男童女童都可以作为本罪的受害人或猥亵对象。本罪侵犯的客体是儿童的身心健康和人格尊严。本罪侵犯的对象是儿童即不满14周岁的未成年人...
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| No.3 of Three Model Child Sexual Abuse Criminal Cases Published by the Supreme People's Court: People v. Wu Maodong: case of dispute over child molestation | | 最高人民法院公布关于性侵害儿童犯罪案件的三起典型案例之三：吴茂东猥亵儿童案 |
| I. Basic Facts | | （一）基本案情 |
| Defendant Wu Maodong, a.k.a. Wu Maodong (with a homophone), male, Han ethnic group, born on March 7, 1971, junior college education, and a teacher. | | 被告人吴茂东，曾用名吴茂冬。 |
Defendant Wu Maodong was a Chinese teacher of a primary school in Nanshan district of Shenzhen city. From November 2012 to May 23, 2013, when Wu Maodong was on duty of management of students in the classroom during noon break from Monday to Friday, he repeatedly required the victims Z, C, H (all 7-year-old at the time) and other schoolgirls who assisted him in enforcing noon break discipline to come onto the platform, and molested them by putting his hands inside their underwear and rubbing and touching the sensitive parts of the victims by coaxing, deceiving and intimidating the victims. When no one else was in the classroom after school on Friday, Wu Maodong also repeatedly molested the victim L (8-year-old at the time) by kissing her face. After committing the aforesaid acts of molestation, Wu Maodong coaxed the victims to keep it from their parents. At noon on May 23, Wu Maodong molested against the victim C in the same way. On May 26, C's parents noticed their daughter's abnormal behavior, and reported to the police on May 27 after learning the relevant facts from other victims.
．．．．．． | | 被告人吴茂东系深圳市南山区XX学校小学语文教师。自2012年11月至2013年5月23日期间，吴茂东利用周一至周五在班级教室内管理学生午休之机，多次将协助其管理午休纪律的被害人Z某、C某、H某（时年7岁）等女学生，叫到讲台上，采用哄、骗、吓等手段，将手伸进被害人衣裤内抠摸敏感部位等进行猥亵；吴茂东还多次利用周五放学后无人之机，以亲吻脸部的方式对被害人L某（时年8岁）进行猥亵。吴茂东在实施上述猥亵行为后哄骗被害人不能将事情告诉家长。5月23日中午，吴茂东采用上述方式又一次猥亵被害人C某。5月26日，C某的父母发现被害人行为异常，在向其他被害人了解情况后于5月27日向公安机关报案。
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