Male Internet indecent girls were sentenced to two years' heavier punishment
Coercion of girls to shoot nude photos, the court of first instance found that the child was not attempted; after the prosecutor protested, the court of second instance found that the facts of the crime were established and accomplished.
Coercion of girls to shoot nude photos is a crime of indecency against children through the Internet. Recently, a case of Internet child molestation handled by the procuratorate of Jianghan District of Wuhan, Hubei, has aroused the concern of the outside world.
The prosecutor found that after the boy had taken the nude photos of the girl in a way of cheating and intimidation, he asked for further violation. The court of first instance found that Luo Ying attempted to indecent children and sentenced him to 1 years' imprisonment. Subsequently, the prosecution proposed a protest. The court of second instance found that Luo Ying's criminal facts were established and accomplished and sentenced to 2 years' imprisonment.
Fabricate identity and cheat naked photos
The Beijing News reporter learned from the Jianghan District Procuratorate in Wuhan that in January 2017, he met a man when he was on the Internet. The other side claimed "Shi Wen" and asked a few words to "explode".
For such a request, He Fei did not mind too much, he sent several photos. But after receiving the photo, she quickly put forward a further request, hoping that she would send some photos of "dew point" and even ask for "naked photos". He did not agree, and directly deleted the other.
At the time of the incident, he was under 14 years old and a junior high school student.
Luo Ying likes to search the girl's QQ on the Internet, adding nude photos by various means. Through QQ, he found Zhang Ling who was in the same school with He Fei. He intimidated him by forcing him to put pressure on him to achieve the goal of nude. Later, Luo Ying used another QQ to add Hefei, claiming to be the same school's "learning elder sister".
In front of the Philippines, the "school sister" carefully knitted a unintentional knowledge of Luo Ying, because he did not send nude photos according to the requirements, and the result was the story of "invasion" by Luo Ying.
After hearing this story, Hefei was very afraid, so under the guidance of "learning elder sister", he added Luo Ying as a friend and sent some nude photos according to his request.
Luo Ying did not accept his hand, and in the subsequent chat, he put forward a further request, hoping he was "out of the house", otherwise he would forward the picture to the teacher and his classmates, he did not pay attention to it.
"The subjective intention of indecent children"
A month later, after learning about Internet Security in class, he first took the courage to talk to the teacher. In February 2017, she reported to the police with the help of teachers and parents.
Reporters learned that in March 4, 2017, the police through the network of fixed evidence, Luo Ying control. When searching for mobile phones such as mobile phones, police found that Luo Ying stored a large number of female nude photos, some of them were underage students. In May of that year, the police transferred the case to Jianghan District Procuratorate of Wuhan for examination and prosecution.
In the stage of review and prosecution, Luo Ying's alleged charges became the focus of the prosecution's work.
According to the third provision of the 237th article of the criminal law, "the perpetrator coercion child molestation by violence, coercion or other means" constitutes a crime of indecent child. Although he is under the age of 14, he is in accordance with the conditions of "children", but in the specific judicial practice, the crime of indecent child abuse is the direct contact between the suspect and the victim.
In the whole case of Luo Ying's case, Luo Ying and Hefei always contacted each other through the Internet, and they never even met each other.
The prosecutor's Procuratorate in Wuhan, Jianghan District, said the prosecutor has gradually made a clear understanding of the nature of the case after analyzing the QQ chat records, evidence photographs and oral confession records.
Jianghan District procuratorate believed that Luo Ying had been in the process of contacting ho Fei, knowing the other's grades, age and so on. He had checked his life photo. In addition, according to the opinion of the four departments of the supreme law and the highest Procuratorate on punishing juvenile delinquency according to law, Luo Ying is aware of the fact that he is not full 14 years old, and still puts forward the requirements of photographing nude photos and opening houses, and having the intention of obscene children.
The court's "heavier punishment" after the prosecution's protest
In the first instance of the court of the Jianghan District of Wuhan, Luo Ying menace he "open the house" through speech, and finally fails to succeed. It should be identified as an attempted indecent child and sentenced to 1 years of imprisonment.
For the first instance, Jianghan District procuratorate failed to accept it. Prosecutors believe that in addition to face-to-face direct acts, forcing children to watch obscene audio-visual products, shooting nude photos, etc., should also be identified as "obscene". Luo Ying, through verbal threats and intimidation, demanded that he photographed nude according to his request, which was the constituent element of the forced child's indecency to his body and the crime of indecent children.
Huang Jing, the chief of the prosecutor of the case and the head of the Wuhan municipal procuratorate, said that if the case accords with the two elements of "satisfying the stimulus of the perpetrator or sexual desire, violating the physical and mental health of the child and the dignity of the personality", it should be identified as a crime of indecent children. Huang Jing believes that the judgment of the first trial, which is not obscene, is a mistake in the objective aspect of child indecency, and it leads to the application of legal errors.
Huang Jing said that when Luo Ying got nude photos, the indecency had been implemented. Under this premise, it should be regarded as a completed crime when it is nude. Since then, it has tried to continue to force minors to open their houses by using naked pictures, which is the result of further implementation of crimes and no influence on obscene acts. In addition, according to the four Department "on the punishment of sexual assault of minors in accordance with the law" stipulates that the perpetrator "to take violence, coercion means to indecent children", should be severely punished.
Accordingly, the prosecutor held that in addition to determining the facts and the applicable legal errors, the first instance judgment also omitted the circumstances of heavier punishment, resulting in a lighter penalty. Based on the above reasons, the procuratorate of Jianghan District of Wuhan decided to lodge a protest and was supported by the Wuhan procuratorate.
In the second instance, the Wuhan Municipal Intermediate People's Court adopted all the protest opinions of the procuratorial organ. Recently, the court made a final decision on the case. The court found that Luo Ying committed a crime of child indecency and was severely punished according to law and sentenced to two years' imprisonment.
(the victims of this edition are all pseudonyms)
Lure 31 girl boys for 11 years
As the director of the film and television company, Jiang Chengfei, the man in Nanjing, has recruited child stars as the reason to trap 31 girls through the network and design traps to achieve the online indecent purpose. In May 29th, the court of Xuanwu District of Nanjing declared that Jiang Chengfei was guilty of child molestation and was sentenced to 11 years' imprisonment in the first instance.
From May 2015 to November 2016, the court found that Jiang Chengfei, a unemployed man, lied on the Internet to represent "star Ye company", "the Great Wall film and television", "art ran child star studio" and other film and television production units, and recruited girls with the name of "child star" and "TV play".
Whenever girls are willing to contact them, Jiang Chengfei will ask for a preliminary screening of nude photos on the basis of checking body size and development. Thereafter, he will ask the girl to open the camera "interview" and ask the other party to take off clothes to make indecent action. When a girl refused, Jiang Chengfei threatened to open naked photography and forced the other side to continue naked chat. He also saved some of the video in the computer.
The Beijing News reporter learned that some of the injured girls were called by parents. The Xuanwu police in Nanjing found out that 31 girls had been violated by Jiang Chengfei.
The court found that Jiang Chengfei's girls were all over the country, most of them were less than twelve years old, and the smallest was less than 10 years old. From the number of tricking times, more than two victims were deceive, and the body and mind were badly hurt.
The court of first instance believes that Jiang Chengfei knows that a number of girls are less than 14 years old and still weave a fraud by means of network communication, and use the young girl's social experience to deceive, induce, force, force a number of victims to expose their privacy in the video or make obscene movements so that they can watch the lust. The act has constituted the crime of child indecency, and it should be punished according to the law if the child is under 14 years old.
In view of the fact that Jiang Chengfei has been able to truthfully confess other similar crimes that the judiciary has not yet grasped after his death, he can be lenient and can be given a lighter punishment. Some of its crimes have been carried out and failed to succeed, which can be punished with less punishment than accomplished offenders.
Net beguiled girl filming nude photos is still obscene.
Wang Ping, a judge of Nanjing city's Xuanwu District Court hearing "nude photos of 31 girls," said that the parties deceive a particular victim through a network to make a specific action and act indecent acts on itself. Although there is a certain difference from the traditional indecent behavior, and there is no further coercion, threat or dissemination, it still has Serious social harmfulness.
In Wang Ping's view, the crime of indecency against children infringes on the physical and mental health and personal dignity of children who are lack of self-protection and vulnerable children. The objective aspect is to carry out obscene behavior with children outside sexual intercourse by stimulating or satisfying sexual desire. The subjective aspect is direct intent, that is, knowing that the victim is a child under 14 years old, he still implements indecency.
Because children are not mature in physical and mental development and lack of cognition and judgment, indecent indecent behavior in child molestation can be both compulsory and non compulsory. It includes the proactive behavior of the perpetrator to the victim, as well as the forced or deceive the victim to act indecent, including the direct contact of the body in the same space, and the non direct contact through the network.
Wang Ping believes that the above injury may even be associated with the victim's life, which seriously infringes the victim's right to body and privacy, and has serious social harm.
This edition / new Beijing reporter Wang Yu
Editor in responsibility: Huo Yuang
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