After participating in a gathering of men's organizations, the woman received screenshots of her nude video, was asked for money, asked to accompany the night, and was threatened. What is the crime of a man?

People's Court of Huadian City, Jilin Province

Criminal Judgments (2020)

Ji 0282 Xing Chu No. 7 (excerpt)

After trial, this court ascertained:

One day in September and October 2018, in the room of the Hive Hotel in Huadian City, defendant Lu organized Liu and Cao (female) to jointly carry out sexual activities.

On June 1, 2019, in the room of Xuyang Hotel in Huadian City, defendant Lu organized Li Mou2 and Cao Mou to jointly carry out sexual activities once.

On September 18, 2019, defendant Lu X, for the purpose of illegal possession, threatened Cao with the nude video of the victim Cao X, demanding 15,000 yuan from him, which was later changed to ask for 10,000 yuan, and Cao accompanied him for a night, otherwise the nude video was sent to Cao's unit and home, and then the victim Cao reported to the public security organ on September 19, 2019, and the attempted extortion attempted.

On September 22, 2019, defendant Lu was arrested by the public security organs and truthfully confessed the criminal facts of extortion, and at the same time confessed the criminal facts of gathering crowds for sexual immorality that the public security organs did not have.

1: Witness Li Mou2 testified that on June 1, 2019, he and his friends Lu X and Cao X jointly carried out sexual activities in the room of Xuyang Hotel in Huadian City, of which Lu X was the organizer, proposed fornication and contacted him and Cao X, and let him go to the hotel to open a room.

2: Witness Liu testified that one day in September and October 2018, he and his colleagues Lu and Cao jointly carried out sexual activities in the room of the Hive Hotel in Huadian City, of which Lu was the organizer, proposed fornication and contacted him and Cao.

3: The victim Cao mou stated that in November and December 2017, he and Lu mou met through "Momo" and added WeChat to each other, had sexual relations many times, and a certain person in the back road organized him and many other people to carry out sexual activities, of which: one day in 2018, in the room of the Hive Hotel in Huadian City, Lu organized him and Liu to carry out sexual activities together; on June 1, 2019, in the room of the Xuyang Hotel in Huadian City, Lu organized him and Li Mou2 to carry out sexual activities together. On September 18, 2019, someone sent him a nude photo of himself and Lu mou and others in the Hive Hotel (video screenshot) through WeChat, and asked him for 15,000 yuan for the purpose of sending the video to others, which was later reduced to 10,000 yuan and accompanied him overnight.

4: Defendant Lu confessed that he and Cao met through chat software, in early 2018, the two added WeChat to each other, had sex many times, and then in order to seek excitement, he organized Cao and many other people to carry out sexual activities, including: one day in September 2018, in the room of the Hive Hotel in Huadian City, his organization Cao and Liu jointly carried out sexual activities, during which he used his mobile phone to record the (naked) video of Cao and Liu coming out of the bathroom; June 1, 2019, In the room of Xuyang Hotel in Huadian City, its organization Cao and Li Mou2 jointly carried out sexual activities. On September 18, 2019, he wanted to extort Cao mou money with the video recorded in the hive hotel, and then used another WeChat to add Cao as a friend, sent a screenshot of her video (nude photo) to Cao, asked Cao for 15,000 yuan, and then reduced it to 10,000 yuan and accompanied him overnight, otherwise the video would be sent to Cao's husband and work unit.

The above evidence has been presented and cross-examined in court, the collection procedures are legal, and the content is objective and true, and this court confirms it. This court held that the defendant Lu had organized a number of people to carry out fornication activities, and his conduct had constituted the crime of gathering a crowd for sexual immorality; the extortion of other people's property and property, the amount of which was relatively large, and his behavior had constituted the crime of extortion and extortion, and should be punished for several crimes in accordance with law. When he was interrogated for the crime of extortion and extortion, he voluntarily confessed the facts of the crime of gathering a crowd fornication that the case-handling organ did not have at that time, and for the crime of gathering a crowd for fornication, he should be regarded as a self-surrender, the crime of extortion and extortion, which did not succeed due to unexpected reasons of will, was an attempted crime, and voluntarily admitted guilt and accepted punishment, and could be given a mitigated punishment according to law. The public prosecution organ's sentencing recommendation is appropriate and is adopted by this court. The defense opinion of defender Li Mou1 was adopted by this court.

In accordance with the provisions of Articles 274, 301, Paragraph 1, 23, 52, 53, 67, 1, 3, and 69 of the Criminal Law of the People's Republic of China, and Article 15 of the Criminal Procedure Law of the People's Republic of China, the judgment is as follows:

Defendant Lu X was sentenced to one year and ten months in prison for the crime of gathering a crowd for fornication, and sentenced to 10 months' imprisonment and fined 5,000 yuan for the crime of extortion. It was decided to carry out the fixed-term imprisonment of two years and six months and impose a fine of 5,000 yuan. (The sentence is calculated from the date of execution of the judgment, and one day of detention before the execution of the judgment is deducted from one day of the sentence, that is, from September 23, 2019 to March 22, 2022.) The fine shall be paid after the judgement has entered into force. ）

If you are not satisfied with this judgment, you may appeal through this court or directly to the Intermediate People's Court of Jilin City, Jilin Province, within 10 days from the second day of receipt of the judgment. In the case of written appeal, one original and two copies of the appeal shall be submitted.

March 27, 2020

Source: Criminal Trials

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