Indecent girls in men's subway for up to 30 minutes, final sentence changed to two and a half years

Obscene subway

xinkuaibaoZAKERguang· 2020-01-05 18:30:09

Report by Xin Shengbao reporter He Shengting

While crowded at the late peak of Guangzhou Metro Line 3, Xu was born in 1991 to forcibly molest a girl Xiaoji (pseudonym) for 30 minutes, use it first Touch the hips of the other hand, and then push your body to the side of the door to make it impossible to escape, and forcibly put your hand into the skirt and jacket.

The reporter was informed that at the first instance, the Baiyun District People ’s Court of Guangzhou City sentenced to 4 years in prison for compulsory indecent assault. Xu appealed that the first instance sentence was excessive and that he did not use obvious violence or language to coerce the victim. The victim also did not resist visibly. At the second instance, the Guangzhou Intermediate People's Court changed the sentence to 2 years and 6 months.

30 minutes of obscene girls on the subway identified by the court as "public indecentness"

At 17:00 on April 17, 2019, Xu was in Guangzhou Metro On a train running from Tiyu Xilu to Airport North Station, in order to satisfy one's libido, while the crowd is crowded, first touch Xiaoji ’s hips with his hands from behind, and then push Xiaoji with his body to Beside the train door, it was impossible to escape and resist.

Xu Mou then forced his hand into Ji's skirt, panties and jacket, and touched the victim's hips, genitals, and chest for about 30 minutes, until the car stopped at Gaozeng Station in Baiyun District.

After Xiaoji went out of the station, he went to the police station of Gaozeng Station to report to the police. Xu followed and voluntarily confessed his crime. After the incident, Xu's family paid 20,000 yuan to the victim and obtained understanding.

Xu, male, was born in Ning County, Gansu Province in April 1991 with a bachelor's degree in education. He was detained in this case on April 17, 2019, and was detained in criminal detention on April 29, the same year. Arrested on 10 October.

At the first instance, the Baiyun District Court held that Xu had disregarded national laws and forced indecent assaults of women in public places, and his behavior had constituted the crime of compulsory indecent assault. Mr. Xu has surrendered himself after committing the crime, and can be given a lighter or lighter punishment; after the crime was compensated and the understanding was obtained, he can be given a lighter punishment as appropriate.

According to the investigation, from the place and time of the incident, the case occurred on a subway train during peak hours. There were many people on the subway and it was a public place. Xu Mou forced obscenities on the victim in this case. Long time, many obscene sites, bad behavior, causing serious harm to the victim, especially mental coercion, psychological fear and other injuries, and the implementation of indecent behavior in a situation where the public can see on the subway is enough to be considered "public indecent" .

To this end, the Baiyun Court delivered a verdict on September 24, 2019. The defendant Xu was guilty of indecent assault and sentenced to four years in prison.

The man was sentenced to 4 years in the first instance and was sentenced to "excessive sentence". The second trial was sentenced to 2 and a half years.

After the above judgment, Xu refused to accept and appealed The court of first instance imposed a heavy sentence on it and requested the court of second instance to give it a fair judgment based on the principle of education as the mainstay and punishment as a supplement.

Xu believes that he did not use obvious violence or language to coerce the victim, and the victim did not obviously resist. The verdict of the first instance excessively amplified the seriousness of his behavior.

After the incident, he apologized to the victim for the first time. Later family members actively communicated compensation with the victim and obtained a letter of understanding from the victim. The judgment of the first trial excessively magnified the harm to the victim. In addition, the court of first instance did not comprehensively consider the balance of sentencing between different crimes, and found that its behavior was worse than rape and obviously unfair.

The defender argued that the evidence of the original sentence was not enough to find that the appellant Xu had violence, coercion or other methods that prevented the victim from resisting and forced obscenity. He requested the second party to clear the facts and convict Xu. At the same time, it is also considered that if Xu is still found to be guilty of compulsory indecent assault in the second instance, Xu should be distinguished from the fact that he has not committed obvious violence against the victim and that he has committed violent indecent acts and carefully apply the "aggressive indecent public" penalty clause.

The trial found that the Guangzhou Intermediate People's Court held that the fact that Xu had forcibly molested Xiaoji on the subway for about 30 minutes was confirmed by evidence, which was sufficient to determine and confirm it.

After investigation, when Xu committed the crime, he pushed the victim from a car facing the seat near the glass stall to the triangular position between the glass stall and the shield door for 30 minutes, limiting The fleeing and resistance of the victims shows that they have committed certain acts of violence against the victims. Although Xu was forced to molest the victim on a subway train with a large number of passengers for 30 minutes, he could be considered as "crime in public in public places", but witnesses did not see Xu's indecent action, which shows that Xu's indecent action has a certain degree. It can be seen that the impact of Xu Mou ’s obscenity "in public" is not very bad.

Xu also got off the car with the victim after committing the crime. He also asked the victim to forgive him and continued to surrender to the police station. After the crime, he also compensated the victim and received an understanding. A final decision was made on December 3 and the sentence was changed to 2 years and 6 months in prison.

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