Guizhou man Yang mou is a motorcycle driver, in the motorcycle when the acquaintance of the woman Liu Mou, one night, Yang riding an electric car in the supermarket waiting for Liu mou after work to take him home, when passing by a family

Guizhou man Yang is a motorcycle driver, in the running motorcycle when the woman Liu, one night, Yang rode an electric car in the supermarket waiting for Liu to carry him home after work, when passing a hotel, Yang said to go into the hotel to get something, and then carried Liu through an alley, just at this time, the accident occurred.

Then Yang pushed Liu down, forcibly took the way of pushing and hugging with the intention of sexually assaulting him, due to Liu's strong resistance, Yang did not succeed, because he was worried about Liu calling the police, and then Yang took away Liu's mobile phone and fled the scene.

After the incident, the stolen mobile phone has been recovered and returned to Liu, and Yang's relatives have compensated the victim for 8,000 yuan in losses and obtained the victim's forgiveness. In the end, the court decided to carry out the fixed-term imprisonment and decided to carry out the fixed-term imprisonment for four years.

#大兵叔叔说法 #

Fortunately, it was the victim's strong resistance, and the consequences were really unimaginable, and in the end, although the body was not violated, the mobile phone was snatched away by Yang.

However, just after Yang was arrested, he defended that he had no intention of robbery, just to prevent the victim from calling the police, and snatched the victim's mobile phone.

In fact, in the process of Yang's crime of sexual assault, he snatched his mobile phone away for fear that the victim would call the police, but afterwards illegally occupied the mobile phone for himself. Then, his act of snatching the victim's mobile phone by violent means and illegally possessing it afterwards meets the constituent elements of the crime of robbery and shall be convicted and punished for the crime of robbery in accordance with law.

According to Article 263 of the Criminal Law, whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined, on the basis of which the court found that Yang constituted the crime of robbery and was sentenced to fixed-term imprisonment of three years and six months.

Of course, because Yang's main purpose is to carry out sexual assault, but the result is that he cannot succeed due to the strong resistance of the victim, his behavior should be regarded as attempted rape.

According to article 236 of the Criminal Law, whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Since it was an attempted crime, the punishment should be mitigated according to the law, and the court sentenced Yang to one year in prison accordingly.

In fact, Yang mou had a criminal record before this, and he was also a repeat offender, and should be given a heavier punishment according to law. In addition, Yang's relatives compensated the victim, obtained the victim's forgiveness, and combined with the circumstances of his crime, his expression of remorse, and the consequences of social harm, he was finally sentenced to four years' imprisonment.

In fact, in this way, Liu Mou also met when he took Yang Mou's forehead many times, but Liu Mou would not have thought that the other party actually had a criminal idea about himself and put it into action, if it was not a strong resistance, what awaited Liu would also be a nightmare-like experience.

Of course, although the occurrence of this case has a certain degree of accident, for women, when taking a motorcycle in the middle of the night, especially the male driver's motorcycle, it is actually necessary to be more careful and cautious.

What is your view on this case?

#普法行动 #

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