Defendants Li Moujia, Tian Moumou, Li Mouyi, Gao Mou, Wang Mou, Gao Moumou, Li Mobing, Li, Tian Mou, Li, Li Moping and Li Mou. From September 2004 to July 2005, 13, the defendant committed a crime in Dali County, Weinan City. 1 1, many women were raped and gang-raped. Among them, the defendant Li Moujia committed 6 rapes and gang raped 5 women; Tian Moumou rape 4 times, gang raped 2 women; Li Mouyi raped seven times and gang raped seven women from rape 2. The case was investigated by the Dali County Public Security Bureau, and the Dali County People's Procuratorate of Weinan City reported it to the Weinan Municipal People's Procuratorate for review and prosecution. Weinan Intermediate People's Court made a first-instance judgment.
After handling the case:
Shaanxi Huashan Law Firm accepted the entrustment of Weinan Intermediate People's Court and appointed us as the defender of the minor defendant Li Mouyi. After accepting the appointment, we read the newspaper many times and met the defendant Li Mouyi. Through these, we find that this case is a rape case with bad nature on the surface, but it is different from the general rape case in essence. First of all, both the defendant and the victim in this case are minors. In this case, three defendants were not minors and most of the victims were minors. These minors drop out of school at home, do nothing, and often stay with the defendants. Secondly, the case is special. In many rape cases in this case, many times the victim is the same person. Thirdly, the facts of several cases of the defendant Li Mouyi do not constitute rape. In view of these circumstances, we put forward the following defense opinions.
1. The indictment alleges that the defendant Li Mouyi participated in the rape case seven times and gang raped seven women from rape 2, which is inconsistent with the objective facts of the case itself.
2. Every victim has a certain fault responsibility for the occurrence of this case.
3. Defendant Li Mouyi is a minor and has a statutory mitigating circumstance.
4. Defendant Li Mouyi has a good attitude of admitting mistakes and is a first-time offender.
5. The distinction between principal and accessory in the indictment does not conform to the nature of the case. (See defense opinions for details)
During the trial, we found that all the minor defendants were armed and raised objections to the court in time. The court promptly corrected this practice and safeguarded the legitimate rights and interests of minors.
After the trial, we exchanged views with the case-handling judge several times. In the end, the court only adopted the defendant's minor opinions and did not adopt other defense opinions, and sentenced the defendant Li Mouyi to life imprisonment. We believe that for a minor, the sentence is too heavy, whether from the facts of the case itself or from the perspective of educating minors. The legal representative of the defendant Li Mouyi found us and also thought that the sentence was too heavy and asked us to appeal. We met with the defendant Li Mouyi again to solicit his opinions, and appealed to the Higher People's Court of Shaanxi Province through Weinan Intermediate People's Court on behalf of the defendant.
During the second trial, we met with the defendant many times and made some investigations according to the case. Later, he exchanged views with the judges of the High Court many times, put forward the lawyer's opinions on the punishment of juvenile offenders and submitted the defense of the second instance. The judge of the second instance adopted the lawyer's opinions on handling minors, and later the case was sentenced to 15 years in prison.
Analysis and recommendations:
This case mainly has the following characteristics:
1. In this case, the defendant has a low education level and many minors.
There are 13 defendants in this case, including illiterate 1 person, 6 with primary school education and 6 with junior high school education. In addition, the defendants in this case are mostly around 20 years old, including 4 minors.
2. The particularity of the victim in this case.
The victims in this case are all rural women of the same age as the defendant, including several minors. At the same time, in this case, many victims had long-term sexual relations with many defendants in this case.
3. The particularity of the case.
The time of this case was concentrated from June 1 1 to June 1005, 2005. The victims in this case were all called or taken away by the defendant from the temporary film factory in the countryside.