The main perpetrator of the abuse of a 6-year-old girl in Liaoning was sentenced to 16 years in prison, and the girl's father: the child will stop others from mentioning it

Last year, a brutal child abuse incident in Fushun, Liaoning Province, left the public outraged.

Hot water toppings, pliers for tooth extraction, lighter burners, steel legs, cat food... Due to the divorce of her parents, the 6-year-old girl Tong Tong was repeatedly violently injured by her birth mother's boyfriend Chen Mouwei in just three months, and was once issued a critical illness notice.

In September 2020, Chen Mouwei and Liu Mouyan (Tong Tong's mother) were indicted on suspicion of intentional injury and abuse. Today, there is new progress in the case.

On October 13, 2021, the Xinfu District People's Court of Fushun City, Liaoning Province, held a hearing on the case. It was found that in the crime of joint injury, Chen Mouwei was the main offender, causing one serious injury and ten minor injuries to the murdered girl, and was identified as constituting multiple disabilities. The court found that Chen Mouwei and Liu Mouyan were cohabiting relations, and their actions also constituted the crime of ill-treatment.

After nearly 7 hours of trial, the court convicted Chen Mouwei of intentional injury and sentenced him to 15 years' imprisonment for the crime of ill-treatment, sentenced him to two years' imprisonment and decided to carry out a fixed-term imprisonment of 16 years; Liu Mouyan committed the crime of intentional injury and was sentenced to two years' imprisonment, committed the crime of ill-treatment, sentenced him to one year and six months in prison, and decided to carry out a fixed-term imprisonment of three years.

According to the lawyer representing Tong Tong's father and daughter, the above judgment is already the top sentence for the district and county courts, and Tong Tong's father, Mr. Tong, told China News Weekly that he was dissatisfied with the verdict of the two men or would apply for a protest and the higher-level court would intervene. He also applied to revoke Liu's custody, and the trial will soon be held.

Critically ill from abuse

In 2011, Tong Tong's biological father, Mr. Tong, married Liu Mouyan through a friend's introduction. Three years later, Tong Tong was born. In December 2018, Mr. Tong negotiated a divorce with his ex-wife Liu Mouyan, and due to his poor economic conditions, the custody of Tong Tong was handed over to Liu Mouyan. However, due to the better relationship between father and daughter, for nearly a year after that, tong tong still lived with his father.

In July 2019, due to the need to go to a sports car, Mr. Tong sent tong tong to his grandmother's house. After the Spring Festival of the following year, Tong Tong was brought back to live with his birth mother. Unexpectedly, in just a few months, Tong Tong was once abused and became critically ill.

Tong Tong's grandmother, Ms. Zhao (pseudonym), told China News Weekly that on May 22, 2020, Liu Told Her Tong that Tong Tong was burned from a bath and that she was missing money to the hospital. "After the CT, the doctor found that tong tong had multiple fractures on his body, suggesting that we called the police," Ms. Zhao said, chen mouwei and Liu mouyan were taken away by the police that night, during which the two also tried to take the child away from the hospital.

After the incident attracted attention, China News Weekly noted that on May 29, 2020, nine departments issued the "Opinions on Establishing a Mandatory Reporting System for Cases of Abuse of Minors (Trial)", which includes domestic violence, bullying, abuse and other situations against minors.

Later, Mr. Tong learned from the police that Chen Mouwei had a previous robbery record. Mr. Tong recalled that in March 2020, he had a video with Tong Tong, when Tong Tong's right arm was fractured, but Tong Tong said that he fell down the stairs, so he was not suspicious. Tong Tong's grandmother, Ms. Zhao, said that she had also asked many times at that time, but Tong Tong said that she fell down, and after that, Liu Mouyan did not let her meet with Tong Tong, and the video did not work, "After Tong Tong said, the man told her that if she told her to tell us about the matter, she would kill us."

On September 8, 2020, the procuratorate filed a public indictment with the court on suspicion of intentional injury and abuse by Chen Mouwei and Liu Mouyan.

On October 13, 2021, the Xinfu District People's Court of Fushun City, Liaoning Province, heard the case in public and pronounced a verdict on the same day.

According to the court's notice, after trial, it was ascertained that from February to May 2020, the murdered girl Tong XX (then 6 years old) was frequently injured and abused by Chen Mouwei by various violent means while living with defendant Liu Mouyan (Tong X's mother) and defendant Chen Mouwei (Liu Mouyan's boyfriend). Liu Mouyan, as the legal guardian of Tong X, did not effectively prevent Chen X Wei, not only repeatedly allowed Chen X Wei's behavior, but also sometimes participated in beating and abusing Tong X.

One day in mid-May 2020, when Chen Mouwei bathed Tong XX, he deliberately repeatedly adjusted the water temperature to the highest and lowest grades to pour Tong XX, and burned Tong XX until the wound was seriously infected, and the second defendant sent Tong XX to the hospital for treatment. After appraisal, the degree of physical injury of Mr. Tong was one serious injury of the second degree, five minor injuries of the first degree, five minor injuries of the second degree, and one minor injury.

The Xinfu District People's Court of Fushun City held that Chen Mouwei used violence and other means to intentionally injure the victim girl's body many times, causing the victim girl to be seriously injured in one place and ten minor injuries, and after appraisal to constitute multiple injuries, his behavior indeed constituted the crime of intentional injury; Chen Mouwei and the defendant Liu Mouyan were cohabiting, and during the period of living with Liu Mouyan and the murdered girl, he used beating, corporal punishment, freezing and starvation to torture the murdered girl for a long time and frequently, and the circumstances were heinous, and his behavior also constituted the crime of abuse, and should be punished for several crimes according to law.

In addition, liu Mouyan, as the legal guardian of the murdered girl, although he took the murdered girl to avoid Chen Mouwei's violence, he did not take effective measures to prevent and prevent it, but allowed Chen Mouwei to hurt, abuse and sometimes participate in it, and his behavior also constituted the crime of intentional injury and abuse, which should be punished according to law.

In the crime of joint injury, Chen Mouwei plays a major role and is the main offender, although he admits guilt and repents, chen Mouwei's intentional injury criminal means are particularly cruel, the circumstances are particularly bad, the consequences are particularly serious, and the subjective malignancy is deep, and the personal danger is large, which is not enough to give him a lenient punishment. Liu Mouyan plays a secondary role, is an accessory, truthfully confesses the facts of the crime after the case, sincerely repents, admits guilt and accepts punishment, and may be given a mitigated punishment in accordance with law.

Comprehensively considering the object of the crime, the motive, means, circumstances, consequences, social harmfulness, subjective malignancy and personal danger of the two defendants, etc., in order to effectively protect the lawful rights and interests of minors and punish crimes infringing on minors' personal rights in accordance with law, the court convicted Chen Mouwei of intentional injury and sentenced him to 15 years' imprisonment, committed the crime of ill-treatment, sentenced him to two years' imprisonment, and decided to carry out a fixed-term imprisonment of 16 years; Liu Mouyan committed the crime of intentional injury, sentenced him to two years' imprisonment, committed the crime of ill-treatment, and sentenced him to one year and six months in prison. It was decided to carry out the sentence of three years' imprisonment. Defendant Chen Mouwei compensated the plaintiff in the attached civil action Tong X for RMB202,767.35.

After the verdict was pronounced, both men said in court that they would obey the verdict and would not appeal.

Suspected cause of "vinegar meaning"

The "devil" is in the human world, which has made the public quite concerned about the direction of this case.

Mr. Tong told China News Weekly that he was not satisfied with the sentencing results of both men and would apply for a protest and a higher court would intervene, "hoping that they would all be severely punished."

He introduced that Tong Tong is currently in school and is the head of the work, after more than a year of treatment, her physical condition has improved, but she still needs care, "walking is still different from normal people."

Tong Tong still attends psychological counseling classes every week, and the doctor did not say how long it will be. In addition, she had to go to a plastic surgery hospital for treatment. Mr. Tong said that Tong Tong is still very sensitive to that experience, "but whenever someone in the family mentions this, she will stop the other party and let people stop it." At this trial, the family did not inform Tong Tong.

Du Zhenjia of Liaoning Bida Law Firm, the lawyer representing Tong Tong's father and daughter, told China News Weekly that the trial began at 9 a.m. on the same day and lasted nearly 4 p.m., during which the two defendants defended Tong Tong's injuries and blamed each other.

"All the evidence pointed to the injuries caused to the child, all of which were due to Chen Mouwei's violent beating", Du Zhenjia said, according to Chen Mouwei's confession, because of the video of the child and the biological father, he was secretly jealous, so he began to violently oppose the child.

He said that in this process, in order to maintain the relationship with Chen Mouwei, Liu Mouyan did not fulfill the duties of guardian, resulting in the former being more bold, more and more frequent, and the means were constantly upgraded.

After Liu Mouyan saw Chen Mouwei beating the child, he once said that he wanted to break up with him, and Du Zhenjia said that this made the latter more retaliatory. Chen Mouwei once confessed to his state at that time, "I rounded my arm and hit hard, I kicked it with my foot, and when I was tired, I only stopped." ”

Du Zhenjia introduced that although the child's birth mother also participated in the harm to the child, but the overall degree was lighter, "Chen Mouwei said to her, the child you do not hit then I hit, and then Liu Mouyan took plastic shoes to smoke the child a few times." A similar statement also appeared in Tong Tong's record, "My mother hit it, it hurt a little, but my dad beat him to death."

Du Zhenjia said that Liu Mouyan had mitigated circumstances such as preventing crimes and actively rescuing them. "In the process of Chen Mouwei beating the child, the child's mother threatened him by drinking formaldehyde, and then Chen Mouwei also threw the knife."

He introduced that the number of times, continuity, continuity, etc. are all a consideration of the means of evil and the bad nature, but at present, it is impossible to specifically count the number of times the child is beaten, "it can only be explained with n times, as long as there is contact or miss with her biological father, the child will be beaten."

In his view, judging from the results, the sentencing of the two defendants has been more in line with the principle of proportionality between crime and punishment, and "the maximum sentence of the district and county people's courts for intentional injury is 15 years, which has been the top, which also reflects the determination of the judicial organs to safeguard the rights and interests of minors."

In recent years, state departments at multiple levels have repeatedly emphasized zero tolerance for crimes that violate the rights and interests of minors. In June this year, the new version of the Law on the Protection of Minors was implemented to promote full coverage of judicial protection of minors.

At present, Mr. Tong has proposed to the court to revoke Liu's custody. The case will also be heard shortly.