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Ten Model Cases concerning the Infringement of the Rights and Interests of Minors by the Internet Issued by the Supreme People's Court [Effective]
最高人民法院发布10起利用互联网侵害未成年人权益的典型案例 [现行有效]
【法宝引证码】

Ten Model Cases concerning the Infringement of the Rights and Interests of Minors by the Internet Issued by the Supreme People's Court 

最高人民法院发布10起利用互联网侵害未成年人权益的典型案例

(June 1, 2018) (2018年6月1日)

Contents 目 录
1. People v. Lin for Child Molestation by E-Hailing 1.林某某通过网约车猥亵儿童案
2. People v. Shi for Extortion by Naked Loans 2.施某通过裸贷敲诈勒索案
3. People v. Pang et al. for the Rape of an Online Friend Invited to Meet 3.庞某某等人约网友见面强奸案
4. People v. Yang for Rape under the Guise of Superstition 4.杨某某假借迷信强奸案
5. People v. Qiao for Child Molestation by means of Naked Video Chatting 5.乔某某以视频裸聊方式猥亵儿童案
6. People v. Ye for Online Sale of Drugs to Minors 6.叶某甲通过网络向未成年人贩卖毒品案
7. People v. Liu for Fraud by Providing False Networking Technology 7.刘某某提供虚假网络技术诈骗案
8. People v. Jiang for Online Sale Fraud 8.江某某网上虚假销售诈骗案
9. People v. Wang for Child Star Recruitment Fraud and Child Molestation 9.王某以招收童星欺骗猥亵儿童案
10. Fu v. an Internet Company and an Education Center for Dispute over Right of Reputation and Right of Privacy 10.付某某诉某网络公司、某教育中心名誉权、隐私权纠纷案
Case No. 1 案例1
People v. Lin for Child Molestation by E-Hailing 被告人林某某通过网约车猥亵儿童案
1. Basic facts (一)基本案情
At 14:00 on January 7, 2017, defendant Lin was driving a small car and providing a drive through the Didi software platform, conveying victim Jiang , 9 years of age, who was traveling alone, from around a bus station in the city to a community. When the car arrived round a side gate of a secondary school, Lin pulled over the car and exposed his private parts requiring Jiang sitting in the front passenger seat to fondle for sexual satisfaction, and after being refused, he molested Jiang by force. 2017年1月7日14时许,被告人林某某驾驶小型轿车通过滴滴软件平台接单,将独自一人坐车的被害人江某某(9岁)由本市某公交车站附近送往某小区。当车行至某中学侧门附近时,林某某为满足性欲,停车后露出下体欲让坐于副驾驶座的江某某抚摸,遭到拒绝后,又强行对江某某进行猥亵。
2. Adjudication (二)裁判结果
The people's court held upon trial that defendant Lin molested a child under 14 years of age and thus was guilty of child molestation Lin should be punished severely according to the law for child molestation. According to the relevant provisions of the Criminal Law, defendant Lin was convicted of child molestation and sentenced to a fixed-term imprisonment of two years. 人民法院经审理认为,被告人林某某猥亵不满十四周岁的儿童,其行为已构成猥亵儿童罪。林某某猥亵儿童,依法应从重处罚。依据刑法有关规定,判决被告人林某某犯猥亵儿童罪,判处有期徒刑二年。
3. Significance (三)典型意义
In recent years, attributed to its convenience and practicality, e-hailing services have attracted a great number of users and developed dramatically, but the social problems as a result of the loopholes in the regulation of e-hailing services have incrementally emerged, and news that drivers providing a ride through e-hailing services News of drivers beating or killing passengers is often reported. The mother of the victim in the case booked a ride through a mobile platformfor her provisionally not being free, and the victim was molested by the driver in the course of the ride alone in the car hailed online. The case represents a warning that parents should fully realize that minors feature a lack of awareness of self-prevention and self-protection and that, when unable to personally accompany their minor children, parents should elect buses and other well-regulated means of public transport for minors to ensure their safety. E-hailing service platforms and administrative departments shall strengthen regulation, raise the level of safety monitoring technology in the car, lift the threshold for driver recruitment, and intensify identification efforts, so as to ensure the safety of vehicles. 近年来,网约车因便捷实用,使用人数较多,发展势头迅猛,但网约车监管漏洞引发的社会问题也逐渐暴露,网约车司机殴打、杀害乘客等新闻时常见诸报端。本案被害人母亲因临时有事,通过手机平台预约打车后,被害人在独自乘坐网约车过程中遭到司机猥亵。本案警示:家长要充分认识到未成年人自我防范和自我保护意识较弱这一特点,在无法亲自陪伴时,应尽量为未成年人选择公交车等规范交通工具以保证安全。网约车平台及管理部门要加强监管,提高车内安全监控技术水平,提高驾驶员入行门槛,加大身份识别力度,保障乘车安全。
Case No. 2 案例2
People v. Shi for Extortion by Naked Loans 施某通过裸贷敲诈勒索案
1. Basic facts (一)基本案情
On March 30, 2017, victim Chen, a full-time student 17 years of age contacted defendant Shi for a loan through QQ, an instant messaging software service. Though as required by Shi , Chen provided her nude photos and contact information, Shi did not lend to Chen but instead threatened Chen with leaking the nude photos and information and attempted to extorted CNY1,000, which Chen never paid. Shi further threatened the parents of Chen and demanded CNY3,000, and the family of Chen did not pay and reported the case to the public security authority. Due to the extortion by Shi , Chen , out of the fear that her friends and relatives received her nude photos, stayed at home instead of going to school, with her study, life, and mental health seriously affected. 2017年3月30日,被害人陈某(17岁,在校学生)通过QQ交流平台联系到被告人施某进行贷款。根据施某要求,陈某提供了裸照及联系方式,但施某并未贷款给陈某,而是以公开裸照信息威胁陈某,勒索人民币1000元,陈某一直未付款。施某进一步威胁陈某父母并索要人民币3000元,陈某家人未付款而向公安机关报案。因施某的敲诈行为,陈某害怕亲朋好友收到其裸照信息,故而休学在家,学习生活及心理健康遭受严重影响。
2. Adjudication (二)裁判结果
The people's court held upon trial that Shi ignored state laws, extorted property in a relatively large amount from others with the aim of illegal possession and was guilty of extortion. Shi might be punished severely for extortion from a minor. As Shi committed attempted crime for failing to achieve his intention for reasons other than his will in course of crime, and he faithfully confessed to the facts of the crime after being arrested, he might be punished lightly according to the law. According to the relevant provisions of the Criminal Law, Shi was convicted of extortion and sentenced to a fixed-term imprisonment of ten months in addition to a fine of CNY2,000. 人民法院经审理认为,施某无视国家法律,以非法占有为目的,敲诈勒索他人财物,数额较大,其行为已构成敲诈勒索罪。施某敲诈勒索未成年人,可从重处罚。施某在犯罪过程中因意志以外的原因而未得逞,属于犯罪未遂,结合其被抓获后如实供述犯罪事实,依法可从轻处罚。依据刑法有关规定,判决施某犯敲诈勒索罪,判处有期徒刑十个月,并处罚金人民币二千元。
3. Significance (三)典型意义
"Naked loan" means an act that a lawless person illegally issues high-interest loans through the platforms including and in the guise of Internet finance and social media tools if the borrower provides nude photos as security. Fraud and extortion by "naked loan" take place from time to time. "Naked loan" is like a trap, and entry into the trap leads to unthinkable consequences: Some lose their dignity, some are forced into prostitution, and some even lose their lives. This case represents a warning that minors or full-time students should maintain rational consumption and promptly communicate with their parents in respect of or solve through legal channels financial crises, if any, instead of deciding on their own to borrow online. Exchanging "nudity" for "loan" is not only contrary to the public order and good custom, but also makes the borrowers vulnerable to falling victim to serious violations of law and crimes. If a person has already taken out a "naked loan" and is threatened with leaking his/her nude photos, he/she must promptly file a report with the police to seek legal protection. “裸贷”是非法分子借用互联网金融和社交工具为平台和幌子,以让贷款人拍摄“裸照”作“担保”,非法发放高息贷款的行为。因“裸贷”被诈骗、被敲诈勒索的,时有发生。“裸贷”就像一个大坑,一旦陷入,后果不堪设想,有人失去尊严,有人被迫出卖肉体,有人甚至失去生命。本案警示:未成年人或者在校学生应当理性消费,如有债务危机,应当及时和家长沟通或者通过合法途径解决,不能自作主张进行网络贷款。以“裸”换“贷”,既有违公序良俗,也容易让自己沦为严重违法犯罪的受害者。对于已经“裸贷”的,如果遇到以公开自己裸照进行要挟的行为,一定要及时报警,寻求法律保护。
Case No. 3 案例3
People v. Defendants Pang et al. for the Rape of an Online Friend Invited to Meet 被告人庞某某等人约网友见面强奸案
1. Basic facts (一)基本案情
In June 2013, defendants Pang A (15 years of age), Pang B (18 years of age), Zhou A (18 years of age), Zhou B (15 years of age), and Huang (15 years of age) stayed at a hotel, Pang A put forward with a proposal, to which the others consented, and asked victim Li , a full-time female student 13 years of age who Pang A came to know on the Internet, to his hotel room through QQ. Upon her arrival, Li was raped by force by Pang A, Pang B, Zhou A, Zhou B, and Huang in the room. Separately in the same manner, Pang A and Pang B also jointly raped Li for once, in which Pang B committed attempted rape; and Pang A also raped Li on his own. 2013年6月,被告人庞某甲(15岁)与被告人庞某乙(18岁)、周某甲(18岁)、周某乙(15岁)、黄某某(15岁)在旅社房间住宿期间,庞某甲提议并经过同意后,通过QQ联系其在互联网上认识的被害人李某(女,13岁,在校学生)到旅社房间。李某到达后随即被庞某甲、庞某乙、周某甲、周某乙、黄某某在房间内强行奸淫。另以相同方式,庞某甲、庞某乙还曾共同强奸李某1次,其中庞某乙强奸未遂;庞某甲还曾单独强奸李某1次。
2. Adjudication (二)裁判结果
The people's court held upon trial that defendant Pang A raped the same young girl by violence or threat on his own or respectively together with defendant Pang B, defendant Zhou A, defendant Zhou B, and defendant Huang , and in either case, Pang A was guilty of rape. Pang A, Pang B, Zhou A, Zhou B, and Huang raped a young girl under 14 years of age, and Pang A raped the minor for several times and should be punished severely according to the law. Pang A, Zhou B, and Huang were under 18 years of age when they committed the crime; Zhou B surrendered himself, faithfully confessed to the facts of the crime, and thus fell under the circumstance of voluntary surrender; Huang faithfully confessed to the facts of the crime when he was arrested; Pang B, Zhou A, Zhou B, and Huang compensated the victim for her economic losses and received the forgiveness of the victim; and hence according to the law, Pang A, Pang B, and Zhou A were punished lightly, and Zhou B and Huang were punished in a mitigated manner. According to relevant provisions of the Criminal Law, defendant Pang A was convicted of rape and sentenced to a fixed-term imprisonment of ten years and six months; defendant Pang B was convicted of rape and sentenced to a fixed-term imprisonment of ten years and five months and deprivation of political rights for two years; defendant Zhou A was convicted of rape and sentenced to a fixed-term imprisonment of ten years and four months and deprivation of political rights for two years; defendant Zhou A was convicted of rape and sentenced to a fixed-term imprisonment of seven years; and defendant Huang was convicted of rape and sentenced to a fixed-term imprisonment of seven years. 人民法院经审理认为,被告人庞某甲单独或分别伙同被告人庞某乙、被告人周某甲、被告人周某乙、被告人黄某某以暴力、威胁手段在对同一幼女实施奸淫,其行为均已构成强奸罪。庞某甲、庞某乙、周某甲、周某乙、黄某某,奸淫未满十四周岁的幼女,庞某甲多次强奸未成年人,依法应从重处罚。庞某甲、周某乙、黄某某犯罪时不满十八周岁;周某乙能自动投案并如实供述犯罪事实,有自首情节;黄某某被抓获后如实供述犯罪事实;庞某乙、周某甲、周某乙、黄某某能赔偿被害人的经济损失,并获得被告人谅解,依法对庞某甲、庞某乙、周某甲从轻处罚,对周某乙、黄某某减轻处罚。依据刑法有关规定,判决被告人庞某甲犯强奸罪,判处有期徒刑十年六个月;判决被告人庞某乙犯强奸罪,判处有期徒刑十年五个月,剥夺政治权利二年;判决被告人周某甲犯强奸罪,判处有期徒刑十年四个月,剥夺政治权利二年;判决被告人周某乙犯强奸罪,判处有期徒刑七年;判决被告人黄某某犯强奸罪,判处有期徒刑七年。
3. Significance (三)典型意义
The case was a serious criminal case involving rape that occurred when a female minor student was invited to meet through online chatting. As networking technology is applied pervasively, easy and new social media attracts many teenagers frequently to make friends through online chat software and meet each other offline. However, minors lack social experience and awareness of self-protection and guard against strangers, and in particular, female minors are confronted with many personal risks when meeting online friends alone. The defendant in the case gang-raped a young girl together with the defendants in the same case after invited the girl online to meet. Although defendants have been brought to justice, irreparable physical and mental harm has been caused to the victim. The case represents a warning that it is inappropriate for minors to make friends with strangers through Internet social media platforms, and they must not meet online friends alone; and when assaulted, a minor should forthwith inform his/her family and file a report with the police, instead of concealing the assault out of fear or meeting the online friends again for fear or deception. Families and schools shall strengthen legal education and moral education for minors and especially raise minor female students' awareness of personal safety and protection; and keep abreast of their children's online friendship in a timely manner. Hotels shall fulfill their obligation of safety management, strengthen the examination of persons checking in, and especially remain vigilant about minors unaccompanied by their parents or several teenagers checking in by group so as to prevent illegal and criminal activities. 本案是一起利用网络聊天邀约未成年女学生见面后发生的严重强奸犯罪案件。随着网络科技应用普及,网络交友的便捷、新鲜感使得许多青少年频繁在网络上通过聊天软件交友,又从网上聊天走到现实见面交往。但是未成年人涉世未深,自我保护意识不强,对陌生人防范意识不高,尤其是未成年女性只身与网友见面存在诸多人身安全风险。本案被告人就是在网上邀约一名幼女见面后,与同案被告人对该幼女实施了多人轮奸犯罪行为。虽然被告人已被绳之以法,但已对被害人造成了无法弥补的身心伤害。本案警示:未成年人不宜使用互联网社交网络平台与陌生人交友,切莫单独与网友见面;在遭受侵害后,应立即告知家人并报警,不能因害怕而隐瞒,更不能因恐惧或欺骗再次与网友见面。家庭和学校应加强对未成年人法治教育和德育教育,尤其要提高未成年女学生的人身安全保护意识;及时了解子女网上交友情况。旅店应履行安全管理义务,加强对入住人员审查,尤其要对未与家长同行的未成年人或数名青少年集体开房情况予以警惕,防止违法犯罪情况发生。
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