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【Brief Description of the Case】
Yang Mou, a native of Lingshan County, Guangxi Zhuang Autonomous Region.
Between 2007 and 2018, he repeatedly harassed and molested young girls from the same village.
On October 4, 2018, Yang saw the young daughter of the same village (the victim was 10 years old) alone to go to the passion fruit purchase point downstairs of Yang's house to sell passion fruit, because he saw that the victim came alone, so Yang had the idea of adultery.
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When the victim sold the passion fruit and returned home with a red snakeskin bag and the 32 yuan from the sale of passion fruit, Yang carried a folding knife to wait on the only way for the victim to return home.
When the victim walked to the bamboo forest, Yang blocked the victim's way and forcibly carried him to the top of the mountain, on the way to the mountain, Yang forcibly took off the victim's pants, the victim resisted, and cried loudly, broke free and ran down the mountain.
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Yang chased it up and choked the victim's neck causing the victim to be unconscious, and then Yang put the unconscious victim into a red snakeskin bag and carried it to the top of the mountain and fell to the ground, the victim climbed out of the snakeskin bag, Yang saw the situation, and once again pinched the victim's neck so that it could not move.
Because the victim's eyes were open, Yang used a folding knife to stab the victim's eyes and eyeballs, and stabbed the victim's neck several times.
In the end, Yang raped the victim and took away the 32 yuan of the victim's income from selling passion fruit, and then Yang once again put the victim into a snakeskin bag, tied the bag with tree vines, and brought it to the foot of the mountain by kicking, throwing, rolling, etc.
Yang was afraid that the victim would not die, and soaked the snakeskin bag in a puddle for more than 10 minutes, and then took the snakeskin bag to the nearby grass to hide and fled the scene of the crime.
After appraisal, the victim was raped by others during the process of gastric contents regurgitating into the trachea and bronchi, the trachea was punctured by sharp devices, the peripheral peripheral blood vessels outside the trachea were damaged and bleeding, and the blood flowed directly into the trachea and bronchi causing trachea and bronchial tamponade, resulting in mechanical asphyxiation and death. (Source.) China Judgment Documents Network)
【Laws and Regulations Involved】
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.
Whoever rapes a minor girl under the age of fourteen shall be punished heavily on the basis of rape.
Whoever rapes a woman or commits adultery of a minor shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death in any of the following circumstances:
(1) Raping a woman or raping a minor girl with heinous circumstances;
(2) Raping women or raping multiple minors;
(3) Raping women in public in public places;
(4) Gang rape of two or more persons;
(5) Causing serious injury or death to the victim, or causing other serious consequences.
The crime of rape refers to the act of forcibly having sexual intercourse with a woman against her will, using violent coercion or other means, or deliberately having sexual relations with a young girl under the age of 14.
The objective aspect of the crime is manifested in the use of violent coercion or other means to put women in a state of inability to resist and dare not resist, not to know how to resist, or to take advantage of the fact that women are in a state of ignorance and inability to resist, and to take advantage of the opportunity to commit adultery. The subjective aspect manifests itself as intentional and adulterous purposes.
Article 67 of the Criminal Code: Those who voluntarily surrender after committing a crime and truthfully confess their crime are self-surrendering. For criminals who surrender voluntarily, the punishment may be mitigated or mitigated.
【Conclusion】
After the incident, Yang, accompanied by his father, surrendered to the public security organ and truthfully confessed the main facts of the crime of the rape that killed the victim, which was self-surrendered. However, Yang surrendered under pressure after the public security organs had a certain clue and investigated and questioned him; although he confessed the main criminal facts such as rape causing death, he concealed some important facts about rape; although he confessed guilt, he did not substantively repent; although his surrender played a positive role in the investigation of the case, it did not reach a crucial level.
Suspect Yang's crime was enough to be sentenced to death. At present, the mainland has strict control over and prudent application of the death penalty, and according to the relevant death penalty policy, the death penalty cannot be applied to criminals whose crimes are not very serious.
However, Yang's behavior violates both the law and heavenly reason, seriously breaking through the boundaries of national laws, seriously challenging the bottom line of ethics and morality, and seriously impacting the red line of social public safety, which is extremely harmful to society.
The court held that although Yang surrendered voluntarily, it was not enough to give him a lenient punishment according to law.
Hell is empty, demons are on earth, and she's still a child. As long as it is a normal person, seeing such an event will be very heartache, do not know what to say good, can only say that families with small children use dim sum to look after their children, bad people are not labeled on their faces, try not to let their children stay away from their own sight, so that the tragedy will not happen again.
What do you think of this event?