"They all blame her for dressing too sexy." In Yichang, Hubei Province, at about 4 p.m. on the day of the incident, a 22-year-old man set out from his home to hang out. When passing by the home of the murdered woman Li, he was attracted by Li Mou, who was dressed sexily and had evil thoughts. Dai One did not do two endlessly, and actually pounced directly on Li Mou.
Ignoring broad daylight, Dai threw Li mou on the roadside ground, and then pressed on Li's body and used his hands to molest him. During this period, Li fiercely resisted and shouted for help. Due to the disparity in strength, seeing that the call for help and resistance could not stop the bestial behavior of Dai, Li also called his father for help in the process of indecency. After dai mou forcibly committed a few minutes of indecency, he got up and left.
In the course of the trial in this case, there were also quite doubts about whether there was a forced indecency. Although the incident occurred in the wild, but the place of the incident is not monitored, and there are no witnesses at the scene, if Dai Mou denies it, it is obviously difficult to determine the crime based on the victim's accusations alone. The investigation organs conducted an appraisal of the victim's underwear when the victim reported to the police, and the suspected marks and sticky objects on the inside of the bra worn by the victim at the time of the crime detected the dna of the male individual, and the blood sample genotype of Dai mou was the same after comparison. This appraisal conclusion, together with the victim's statement, regardless of whether Dai X admits it or not, the evidence for the occurrence of forced indecency is conclusive.
At the same time, a party on behalf of a party proposed that the representative had a mental illness and had no capacity for criminal responsibility at the time of the crime, with the intention of escaping punishment. Judging from the details of this case, normal people would not commit crimes in such a place as in front of other people's homes, and there are irrationalities in the behavior of Dai X. In order to eliminate reasonable doubt, the investigative organs entrusted a third party to conduct an appraisal of Dai's mental state and capacity for criminal responsibility, and the appraisal conclusion showed that Dai suffered from "mild mental retardation", had full criminal responsibility capacity for carrying out the compulsory indecency case, and currently had the capacity for litigation.
Article 18 of the Criminal Law stipulates that a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct shall bear criminal responsibility, but may be given a mitigated or mitigated punishment. According to the above-mentioned legal provisions, the purpose of Dai X's mental questions is to not bear criminal responsibility, but in the face of judicial appraisal conclusions, Dai X's lies are self-defeating.
In the face of the above facts, Dai X voluntarily confessed guilt. Article 237 of the Criminal Law stipulates that whoever forcibly molests or insults a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Combined with other sentencing circumstances, the court finally sentenced Dai to 7 months in prison.
During the investigation of this case, it was found that the victim, Li Mou, suffered from paranoid schizophrenia. The fact that the victim is mentally ill is not a reason for a heavier or heavier punishment for the perpetrator. However, for such a person as Dai Mou, after the punishment is over, it is necessary for the local government to closely monitor their mental state, and if necessary, compulsory treatment can be carried out to avoid other personnel suffering one after another.
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