[Case Introduction] Ding Mou, male, aged 17, is a new soldier of a certain army. On the evening of April 30th last year, Ding met Xu, a young woman from the company next door, at an open-air dance held by our company. She was very homesick. After the dance, Ding sneaked into the intersection of Xu Hui dormitory. When Xu walked to the intersection, Ding jumped out to block Xu's way, grabbed Xu's arm and wanted to drag it to a secluded place. Xu refused to follow, and grasped the telephone pole on the roadside for help. Ding grabbed Xu by the neck and threatened, "If you scream again, I will strangle you!" "At this time, because someone passed by, Ding let go and fled the scene. Xu immediately reported the case. [Trial Result] A city grass-roots court convicted Ding of rape (attempted) and sentenced him to 3 years' imprisonment [Lawyer's comment] According to Article 23 of China's Criminal Law, attempted crime means: "The crime has been committed, but it was not instigated for reasons other than the will of the criminals." Having begun to commit a crime refers to the objective behavior of a specific crime stipulated in the criminal law. Failure to succeed means failure to complete the crime. In this case, Ding's behavior is that he has started raping women. However, due to reasons other than Ding's will-someone passing by failed to complete his scheduled rape of Xu, it has constituted the crime of rape (attempted). The attempted crime has been committed, and if it is not for reasons other than will, it will be accomplished, and its social harm is greater than that of the preparatory crime. Therefore, it is more necessary to investigate his criminal responsibility. However, the accomplished crime has not been achieved after all. Therefore, the second paragraph of Article 23 of the Criminal Law of our country stipulates that the attempted crime may be given a lighter or mitigated punishment according to the completed crime. Legal case analysis
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