Not only that, Du Mou also takes care of Wang's family. During the relationship with Wang, Du Mou also lent Wang's younger brother Wang 5,000 yuan, but Wang never lent it. At the beginning of 20 19, Du proposed to Wang to pay back the money for other purposes, so the two broke out and Wang also proposed to break up.
To say that the relationship between the two is not decent, Du Mou claimed to break up and break up, but the 5000 yuan lent to Wang was borrowed for Wang's sake. Since Wang proposed to break up, he should return 5000 yuan to him. From then on, everyone cut the gordian knot and went their separate ways. But Wang is not a fuel-efficient lamp, saying that Wang borrowed the money and asked Du to find Wang, and I didn't take office.
This statement does not stop Du Mou. Later, he visited Wang Yao many times and was "closed". 20 19, 10 On the last day of June, Du Mou, who was really worried, drank some wine and remembered it unconsciously. It's really more worrying to drown your sorrows in wine. At about 1 1 that night, Du Mou came to Wang's door drunk and wanted to ask Wang for "debt" again.
However, because the relationship between the two people has reached the point of "white-hot", after arriving at Wang's door, Du Mou did not enter from the main entrance, but climbed into the house from the window of the north house, forcibly pushing Wang from the living room into the south house, because Wang's confrontation was very fierce, and physical resistance occurred between the two sides. After pulling Wang into the room, the two stayed until the early hours of the morning, and then Du Mou separated.
Later, Wang called the police. After forensic identification, Wang's physical injury does not constitute a minor injury, that is to say, Du can't be convicted and sentenced only by physical resistance. However, Du Mou entered the room through a window after all. In order to experience Du Mou, Wang reported on 20 19 1 1.6 that Du Mou tried to rape himself. Then Du Mou was arrested by the police and transferred to the procuratorate for investigation and prosecution.
However, in the stage of investigation and prosecution, all the evidence can't prove the fact that Du Mou attempted rape. On the contrary, Du Mou's behavior accords with the crime of trespassing. After further fixing the evidence, the prosecution filed a public prosecution with the Nanchang Economic Development Zone Court for Du Mou's crime of seeking trouble.
Why is Du Mou's behavior not a crime of rape, but a crime of embezzlement? In this case, the victims Wang and Du insisted on the unfair relationship between men and women for many years, and both of them cheated in marriage. The two sides have a dispute over debt. Du entered Wang's room in an incorrect way and there was a physical conflict between the two sides. After the alarm, Wang turned to Du for help in attempted rape, but Du's behavior at that time did not meet the characteristics and constitutive requirements of rape.
As we all know, the crime of rape refers to the act of forcing sexual relations with women by violence, coercion or other means against their will, or deliberately having sexual relations with young girls under the age of 14. Rape is an act of using violence, coercion or injury against the will of the victim to force the victim to stop sexual behavior.
In this case, Du Mou's original intention of entering the room was not to rape Wang, and there was no sign of wanting to have sex with Wang after entering the room, just to get my loan back. There is no objective purpose of adultery, so it does not meet the constitutive requirements of rape.
Why does Du Mou's behavior constitute the crime of trespassing? In fact, this is obvious. The crime of trespassing in criminal law refers to the act of entering a citizen's house against the will of the members of the house or without legal basis, or refusing to quit after being asked. In this case, in order to collect debts, Du Mou turned over the window and entered the room without the consent of the owner of the house, and stopped violent control over Wang. Its behavior conforms to the characteristics of the crime of trespassing, and it should be recognized as the crime of trespassing.
According to the news of Nanchang Economic Development Zone Court on August 23, 2020, the court recently made a judgment to stop the first instance of the case, arguing that Du Mou illegally invaded other people's houses, which seriously affected the peace of others' normal life and residence rights, and his behavior constituted the crime of illegally invading houses. According to Du Mou's meritorious service, plot, plot, etc. Du was sentenced to eight months in prison and suspended for one year.
It is true that love is stronger than a thousand days, and paraquat is the enemy. The marital infidelity between Du Mou and Wang Mou also involves economic interests, and it will definitely not have a good result. In the end, one will lose his reputation and the other will go to jail. It's pathetic. At the same time, it also reminds us once again that in the private lending relationship, we must adopt the correct way of debt collection and must not act rashly, otherwise it will easily lead to tragedy.