criminal judgement
(20 10) Xing Zi Chu No.4
People's Procuratorate of Yunmeng County, Hubei Province.
Defendant Yu Donghua, male,/kloc-0 was born in Yunmeng County, Hubei Province on October 28th, 1973 165438, a junior high school student, a farmer, living in Group I, Yanglin Village, Shahe Township, Yunmeng County, and was criminally detained by Yunmeng County Public Security Bureau on February 28th, 2009 on suspicion of rape.
Defender Xu Donghong, lawyer of Yunmeng County Legal Affairs Center.
Yunmeng County People's Procuratorate accused the defendant Yu Donghua of rape with (20 10) No.20 indictment of Yun Jian Criminal Procedure Law, and filed a public prosecution with our court on March 10, 2006. Our hospital formed a collegiate bench according to law, and the case was not heard in public according to law because it involved personal privacy. The People's Procuratorate of Yunmeng County appointed the prosecutor Dai Chunjiao to appear in court to support the public prosecution, and the defendant Yu Donghua and his defender Xu attended the lawsuit. The trial is now over.
Yunmeng County People's Procuratorate accused that one day in late October of 2009/KLOC-0, the defendant Yu Donghua tricked Chen Moumou (6 years old), a young girl in the village, into her second floor room to commit rape.
In order to confirm the above facts, Yunmeng County People's Procuratorate submitted the report materials of witness Chen Huashan to our hospital. The statement of the victim Chen Moumou; The confession and defense of the defendant Yu Donghua; Testimony of witnesses Chen Xishan, Chen Chunfang and Li Yaoqing; Evidence such as the household registration certificate of the victim Chen is confirmed.
Yunmeng County People's Procuratorate believes that the defendant raped a young girl under the age of 14 in Donghua, and his behavior has violated the provisions of the second paragraph of Article 236 of the Criminal Law of People's Republic of China (PRC), and requested that the defendant Yu Donghua be investigated for criminal responsibility for rape.
Defendant Yu Donghua confessed to all the above facts and had no objection. However, some people argue that accompanied by village cadres, he voluntarily surrendered himself to the public security organs, for which he also submitted two certificates from the village cadres and the local police station to the court.
It was found through trial that: 165438+20091one day in late October, the defendant Yu Donghua saw the young girl Chen Moumou (6 years old) next door going upstairs alone and coming to her room on the second floor. That is to say, she became interested, took Chen to the bed, took off her pants and rubbed her genitals on Chen's genitals, then they put on their pants and left.
On June 30, 2009, the victim Chen and his father reported the case to the public security organ. On the same day, the defendant Yu Donghua learned that the public security organs were looking for him, that is, under the leadership of village secretary Yu Changyun, he voluntarily surrendered himself to the Shahe police station in Yunmeng County and truthfully confessed his crimes.
Defendant Yu Donghua has truthfully confessed the above facts during the trial, which is confirmed by the following evidence: 1. Report materials of witness Chen Huashan; 2. The statement of the victim Chen Moumou; 3. Testimony of witnesses Chen Xishan, Chen Chunfang and Li Yaoqing; 4. The household registration certificate of the victim Chen Moumou; 5. Description of Shahe Police Station in Yunmeng County; 6. Introduction of Yanglin Village Committee in Shahe Township, Yunmeng County.
We believe that the defendant raped a girl under the age of 14 in Donghua, and her behavior constituted the crime of rape, which was convicted by Yunmeng County People's Procuratorate. When the defendant Yu Donghua learned that the public security organs were looking for him, he took the initiative to surrender with the village cadres to the local police station, which should be considered as surrender, and the punishment can be mitigated according to law. At the same time, the defendant Yu Donghua pleaded guilty after being brought to justice, and has obtained the understanding of the victim's legal representative. In accordance with the provisions of the second paragraph of Article 236 and Article 67 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
The defendant Yu Donghua was convicted of rape and sentenced to one year in prison.
(The term of imprisonment shall be calculated from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment. In other words, the term of imprisonment of the defendant Yu Donghua started from 65438+February 3, 20091to February 30, 2065 10. )
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Xiaogan City, Hubei Province through our hospital or directly within ten days from the second day of receiving the judgment. If you appeal in writing, you should submit one original and two copies.
Presiding judge Yu Xiaoyi
Judge Guan
People's Juror Wan Cuiqin
20 10 April 20th
Bookkeeper Zhou Ying