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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来自北大法宝》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》第二百三十七条北京大学互联网法律中心之规定,以猥亵儿童罪判处被告人张宝战有期徒刑十一年六个月。
After the judgment was pronounced, Zhang Baozhan did not appeal and the People's Procuratorate of __ District did not lodge a protest within the statutory time limit and the aforesaid judgment has come into force. 宣判后,在法定期限内没有上诉、抗诉,判决已发生法律效力。
III. Significance (三)典型意义
This is a model case involving child molestation in a primary school. As a teacher, defendant Zhang Baozhan abandoned the duties of a teacher and molested several underage students in school classrooms for a long term. He not only violated the law, but was seriously contrary to the baseline of ethnics and severely harmed such students' physical and psychological health. With execrable criminal nature and circumstances and adverse social effects, the people's court gave him a heavier punishment according to the law. However, defendant has molested several girl students in the school classrooms for more than a year, but the molestation was not discovered in time and there was no tip-off against him. The underlying reason is also worth pondering. It warns that schools and the relevant departments shall strengthen regulation on the professional ethics and morals of teaching and administrative staff and it also reminds schools and parents of students that they shall attach importance to education on sexual safety and sexual assault prevention, so as to reduce and avoid the occurrence of similar cases. 本案系一起校园猥亵儿童的典型案件。被告人张宝战身为人民教师,竟背弃教师职责,长期在学校教室对多名年幼学生进行猥亵,不仅触犯了国法,更是严重违背伦理道德底线,严重侵害学生身心健康,犯罪性质、情节恶劣,社会影响极坏,故人民法院对其依法从重处罚。但是,被告人在长达一年多时间内在学校教室猥亵多名女学生,却未被及时发现、举报,背后的原因值得深思。由此警示,学校及有关部门应加强对教职工职业道德和操守的监管,也提醒学校及家长应当重视对儿童的性安全防范教育,减少和避免类似案件的发生。
3. 
Case Involving Child Molestation by Jiang Chengfei 蒋成飞猥亵儿童案
I. Basic Facts (一)基本案情
From May 2015 to November 2016, with a fictitious identity, defendant Jiang Chengfei falsely claimed that he was recruiting child actors (actresses) for film and television companies. Through the QQ chat tool, he made acquaintance with 31 girls (aged 10 to 13). On the ground of checking body proportions and physical development conditions, he deceived the victims into online shooting and sending of nude photos; by falsely claiming that an interview was required, he deceived the victims into making obscene actions in the nude video chats through the QQ chat tool; and for some girls, he threatened to publicize their nude photos and forced them to continue nude chats with him. Jiang Chengfei also burned the nude chat videos of victims onto CDs for storage. 2015年5月至2016年11月间,被告人蒋成飞虚构身份,谎称代表影视公司招聘童星,在QQ聊天软件上结识31名女童(年龄在10-13岁之间),以检查身材比例和发育状况等为由,诱骗被害人在线拍摄和发送裸照;并谎称需要面试,诱骗被害人通过QQ视频聊天裸体做出淫秽动作;对部分女童还以公开裸照相威胁,逼迫对方与其继续裸聊。蒋成飞还将被害人的裸聊视频刻录留存。
II. Judgment (二)裁判结果
The People's Procuratorate of __ District, Nanjing City, Jiangsu Province instituted a public prosecution against defendant Jiangsu Province for committing the crime of child molestation. The People's Court of __ District, Nanjing City held upon trial that for the purpose of satisfying his lust for sex, with a fictitious identity, Jiang Chengfei deceived several girls into exposure of their private parts or making of obscene actions through cheating and seduction by network communication means, which has seriously harmed such children's physical and psychological health, and he was guilty of child molestation. 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 Jiang Chengfei to a fixed-term imprisonment of eleven years for committing the crime of child molestation. 江苏省南京市某区人民检察院以被告人蒋成飞犯猥亵儿童罪提起公诉。南京市某区人民法院经审理认为,蒋成飞为满足淫欲,虚构身份,采取哄骗、引诱等手段,借助网络通信手段,诱使众多女童暴露身体隐私部位或做出淫秽动作,严重侵害了儿童身心健康,其行为已构成猥亵儿童罪,且属情节恶劣,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蒋成飞有期徒刑十一年。
After the judgment was pronounced, defendant Jiang Chengfei appealed. Upon trial, the Intermediate People's Court of Nanjing City ruled to dismiss the appeal and sustain the original judgment, and the judgment has come into force. 宣判后,被告人蒋成飞提出上诉。南京市中级人民法院经依法审理,裁定驳回上诉,维持原判,判决已发生法律效力。
III. Significance (三)典型意义
To constitute a crime of child molestation, the actor should voluntarily molest a child or force or deceive the child into making obscene actions; the actor should have direct contact with the victim's body and molest the victim within the same physical space or molest the victim in virtual space through the network. Network-based sexual assault of children is a new-type crime emerging in recent years. Compared to conventional molestation, criminal offenders seduce or even threaten children to achieve their criminal purposes by utilizing information asymmetry as well as such conditions of victims as young age, immature mentality, and lack of self-protection awareness; the victim targets are random and the number of victims invovled are large; once the obscene videos and photos obtained by criminal offenders are transmitted through the new, risks of children's suffering from secondary harms will increase. In this case, by utilizing the attitudes of some people towards celebrity worship and dream of overnight fame, defendant Jiang Chengfei molested over 30 girls. The trial of this case has reflected that how to strengthen and improve the network information management and how schools and families assist children in improving their awareness and capability of identifying adverse network information and enhancing their self-protection, so as to better prevent network-based sexual assaults of children, are extremely urgent. 构成猥亵儿童罪,既包括行为人主动对儿童实施猥亵,也包括迫使或诱骗儿童做出淫秽动作;既包括在同一物理空间内直接接触被害人身体进行猥亵,也包括通过网络在虚拟空间内对被害人实施猥亵。网络性侵害儿童犯罪是近几年出现的新型犯罪,与传统猥亵行为相比,犯罪分子利用信息不对称,以及被害人年幼、心智不成熟、缺少自我防范意识等条件,对儿童施以诱惑甚至威胁,更易达到犯罪目的;被害目标具有随机性,涉及人数多;犯罪分子所获取的淫秽视频、图片等一旦通过网络传播,危害后果具有扩散性,增加了儿童遭受二次伤害的风险。本案中,被告人蒋成飞利用社会上一些人崇拜明星、想一夜成名等心态,对30余名女童实施猥亵。本案的审理反映出,对于如何加强和改进网络信息管理,以及学校、家庭如何帮助儿童提高识别网络不良信息、增强自我保护意识和能力,从而更好地防范网络儿童性侵害已迫在眉睫。
4. 
Case Involving Child Molestation by Li Yulin 李堉林猥亵儿童案
I. Basic Facts (一)基本案情
In March 2018, defendant Li Yulin (32 years old) made acquaintance with the victim C (male, 13 years old at that time) through a gay dating mobile software. Li Yulin learned from online chats with C that C was a juvenile and a second-year junior high school student. In the afternoon of March 17, Li Yulin checked in a hotel in Sichuan Province, invited C to meet him in the room, and had gay sex with C. 2018年3月,被告人李堉林(32岁)通过手机同性交友软件结识被害人C某(男,时年13岁),后李堉林通过网络聊天得知C某系未成年人、初二学生。同月17日下午,李堉林到四川省某酒店房间登记入住,并邀约C某到该房间见面与其发生了同性性行为。
II. Judgment (二)裁判结果
The People's Procuratorate of __ County, Sichuan Province instituted a public prosecution against defendant Li Yulin for committing the crime of child molestation. The People's Court of __ County, Sichuan Province held upon trial that for the purpose of satisfying his lust for sex, Li Yulin molested a boy under 14 by having gay sex. He was guilty of child molestation and should be given a heavier punishment according to the law. In accordance with the provisions of paragraphs 1 and 2 of Article 237 of the Criminal Law of the People's Republic of China, the People's Court of __ County sentenced defendant Li Yulin to a fixed-term imprisonment of three years for committing the crime of child molestation. 四川省某县人民检察院以被告人李堉林犯猥亵儿童罪提起公诉。四川省某县人民法院经审理认为,李堉林为满足性欲,采用进行同性性行为的方式对不满十四周岁的男性儿童实施猥亵,其行为已构成猥亵儿童罪,应当依法从重处罚。依照《中华人民共和国刑法》第二百三十七条第一款、第三款的规定,以猥亵儿童罪判处被告人李堉林有期徒刑三年。
After the judgment was pronounced, defendant Li Yulin appealed. Upon legal trial, the Intermediate People's Court of __ City, Sichuan Province ruled to dismiss the appeal and sustain the original judgment. 宣判后,被告人李堉林提出上诉。四川省某市中级人民法院经依法审理,裁定驳回上诉,维持原判。
III. Significance (三)典型意义
This is a model case involving sexual assault of a boy. At the early stage of physiological development, children have immature outlook on life and values and lack sufficient capacity of telling right from wrong and conducting self-protection. The law shall give children special and preferential protection for their physical and psychological health. In this case, as a male adult, defendant Li Yulin seduced a boy to have sex with him, which has seriously harmed the child's physical and psychological health. The people's court ruled that he was guilty of child molestation and he was given a heavier punishment according to the law. It has delivered to the public clear guidance in legal and equal protection of boys. We also hope that schools and families attach equal importance to the sexual safety education on boys. 本案系性侵害男童的一起典型案例。儿童处于生理发育初期,人生观、价值观尚不成熟,欠缺足够的辨别是非和自我保护能力,法律对儿童群体的身心健康应给予特殊、优先保护。本案中,被告人李堉林作为成年男性,引诱男童与其发生性行为,严重伤害儿童身心健康,人民法院判决其构成猥亵儿童罪,并依法对其从重处罚,向社会公众传递出依法平等保护男童的明确导向,也希望学校和家庭对男童的性安全教育给予同等重视。
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