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Model Cases Involving Crimes of Sexual Assault of Children Published by the Supreme People's Court [Effective]
最高人民法院发布性侵害儿童犯罪典型案例 [现行有效]
【法宝引证码】

Model Cases Involving Crimes of Sexual Assault of Children Published by the Supreme People's Court 

最高人民法院发布性侵害儿童犯罪典型案例

(July 24, 2019) (2019年7月24日)

Table of Contents 目录
1. Case Involving Rape by Wei Minghui 1.韦明辉强奸案
2. Case Involving Child Molestation by Zhang Baozhan 2.张宝站猥亵儿童案
3. Case Involving Child Molestation by Jiang Chengfei 3.蒋成飞猥亵儿童案
4. Case Involving Child Molestation by Li Yulin 4.李堉林猥亵儿童案
1. 
Case Involving Rape by Wei Minghui 韦明辉强奸案
I. Basic Facts (一)基本案情
Around 20:00 on February 9, 2016, after drinking, defendant Wei Minghui ran up against A (victim, female, died at 5) who was from the same village and playing outside the gate of his new house in a county of Qiandongnan Miao and Dong Autonomous Prefecture in Guizhou Province. On the excuse of fetching firecrackers, he deceived A to the gate of his old house. After throttling A's neck with hands, which caused A's coma, he held A to the sweet potato hole in his responsibility farmland and brought a chopper and a hoe from the old house. He first raped A and then put her in the sweet potato hole. He cut A's throat with the chopper, dug the soil with the hoe, and berried A. The forensic expertise identified that A died from suffocation after being throttled and taken by the neck; she was alive during the sexual assault; and she was dead when her neck was cut. 2016年2月9日20时许,被告人韦明辉酒后在贵州省黔东南苗族侗族自治州某县自家新房门外遇到同村的A某(被害人,女,殁年5岁)在玩耍,遂以取鞭炮为由将A某某骗至自家老房门口,双手掐A某颈部致其昏迷后抱到自家责任田内的红薯洞旁,又去老房拿来柴刀、锄头,先对A某实施奸淫,后将其放入红薯洞内,用柴刀切割A某的喉咙并用锄头挖泥土将A某掩埋。经法医鉴定,A某系被他人掐、扼颈部导致窒息死亡,被性侵时为活体,被切割颈部前已死亡。
II. Judgment (二)裁判结果
The People's Procuratorate of the Qiandongnan Miao and Dong Autonomous Prefecture, Guizhou Province instituted a public prosecution against defendant Wei Minghui who committed crimes of intentional homicide and rape. The Intermediate People's Court of Qiandongnan Miao and Dong Autonomous Prefecture held upon trial that Wei Minghui ignored the state laws, throttled and took the neck of the victim after drinking, and raped the victim, causing death of the victim. Wei Minghui has been guilty of rape. With especially execrable criminal circumstances, particularly serious consequences, and great social harms, Wei Minghui should be given a severe punishment according to the law. In accordance with the provisions of paragraph 2 and items (1) and (5) of paragraph 3 of Article 236 of the Criminal Law of the People's Republic of China, the Intermediate People's Court of Qiandongnan Miao and Dong Autonomous Prefecture sentenced defendant Wei Minghui to death penalty with deprival of political rights for life. 贵州省黔东南苗族侗族自治州人民检察院以被告人韦明辉犯故意杀人罪、强奸罪提起公诉。黔东南苗族侗族自治州中级人民法院经审理认为,被告人韦明辉无视国家法律,酒后掐扼被害人颈部,对被害人实施奸淫,并致被害人死亡。韦明辉的行为已构成强奸罪,犯罪情节特别恶劣,后果特别严重,社会危害极大,应依法予以严惩。依照《中华人民共和国刑法》第二百三十六条第二款,第三款第(一)项、第(五)项的规定,以强奸罪判处被告人韦明辉死刑,剥夺政治权利终身。
After the judgment was pronounced, defendant Wei Minghui appealed. The Higher People's Court of Guizhou Province legally held a court session, ruled to dismiss the appeal and sustain the original judgment, and reported to the Supreme People's Court for approval of the death penalty. Upon review, the Supreme People's Court approved the death penalty of defendant Wei Minghui. Wei Minghui has been executed recently. 宣判后,被告人韦明辉提出上诉。贵州省高级人民法院经依法开庭审理,裁定驳回上诉,维持原判,并依法报请最高人民法院核准。最高人民法院经复核,依法核准被告人韦明辉死刑。韦明辉已于近期被执行死刑。
III. Significance (三)典型意义
The people's courts have always adhered to the stand of “zero tolerance” to crimes of rape of underage girls. For criminal offenders who have committed extremely serious crimes and should be sentenced to death penalty, the people's courts should resolutely sentence them to death penalty according to the law. In this case, defendant Wei Minghui raped an underage girl of 5 and caused her death, which has challenged the baseline of social ethnics and morals. With execrable criminal nature, cruel means, and serious circumstances and consequences, the crime caused great social harms. The people's court legally sentenced Wei Minghui to death penalty, which has been executed. It has demonstrated the judicial organ's resolution and attitude towards strict crackdown on crimes of sexual assault of children and protection of children's safety and physical and psychological health to the maximum extent. 人民法院对奸淫幼女犯罪历来坚持零容忍的立场,对罪行极其严重应当判处死刑的,坚决依法判处。本案中,被告人韦明辉强奸5岁幼女并致其死亡,挑战社会伦理道德底线,犯罪性质恶劣,手段残忍,情节、后果严重,社会危害极大。人民法院依法判处并对韦明辉执行死刑,彰显了司法机关从严打击性侵害儿童犯罪、最大限度保护儿童人身安全和身心健康的决心和态度。
2. 
Case Involving Child Molestation by Zhang Baozhan 张宝战猥亵儿童案
I. Basic Facts (一)基本案情
Defendant Zhang Baozhan was a math teacher in a primary school in __ District of Tianjin Municipality. From 2017 to October 2018, Zhang Baozhan has repeatedly molested the victim B and other seven girl students (aged from 10 to 11) in the school classrooms by embracing, kissing, or touching their mouths, chests, hips, and private parts. 被告人张宝战系天津市某区小学数学教师。自2017年至2018年10月间,张宝战多次在学校教室对被害人B某等8名女学生(时年10至11岁)采取搂抱、亲吻、抚摸嘴部、胸部、臀部及阴部等方式进行猥亵。
II. Judgment (二)裁判结果
The People's Procuratorate of __ District, Tianjin Municipality instituted a public prosecution against defendant Zhang Baozhan for committing the crime of child molestation. The People's Court of __ District held upon trial that as a teacher having special responsibilities for juveniles, Zhang Baozhan has molested several girls in the primary school for multiple times. With execrable circumstances, he should be given a heavier punishment according to the law. In accordance with the provisions of Article 237 of the Criminal Law of the People's Republic of China, the People's Court of __ District sentenced defendant Zhang Baozhan to a fixed-term imprisonment of eleven years and six months for committing the crime of child molestation. 天津某区人民检察院以被告人张宝战犯猥亵儿童罪提起公诉。某区人民法院经审理认为,张宝战身为对未成年人负有特殊职责的教师,多次在校园内猥亵多名女童,情节恶劣,应当依法从重处罚。依照《中华人民共和国刑法》第二百三十七条之规定,以猥亵儿童罪判处被告人张宝战有期徒刑十一年六个月。
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