The “post-90s man rode the subway furiously, forcing her to molest female passengers for 30 minutes. Recently, the Guangzhou Intermediate People's Court issued a final judgment on the indecent assault, and a man, Xu, was sentenced to two years and six months.
On April 17,2019, Xu, in order to satisfy his sexual desire, touched Ji's hip with his hand from behind and then pushed him to the side of the train door with his body so that he couldn't escape and resist, forced his hand into Ji's skirt, panties and top, and touched the victim's hip, overcast and chest for about 30 minutes, until the bus stopped at the Baiyun District High Station.
After Jimou out of the station to go to Gao Zeng station police, Xu followed and voluntary confession of their crimes. After the case, Xu's family compensated the victim 20,000 yuan and obtained an understanding.
Baiyun District Court of First Instance held that Xu Mou Yang ignored the state law, in public places in public forced indecent assault of women, its behavior has constituted a crime of compulsory indecent assault. The circumstances of the surrender may be mitigated or mitigated; the victim may be given a lesser punishment, as appropriate, after the commission of the case, with an understanding of the victim.
After investigation, from the point of view of the location and time of the case, the case occurred on the subway train during the rush hour, with a large number of people on the subway, which is a public place; Xu Mouyang, in this case, has carried out compulsory indecent assault on the victim for a long time, more parts of indecent assault and bad behavior, causing serious injury to the victim, especially mental compulsion, psychological fear and other injuries, and carrying out obscene acts in a situation that the public is sufficient to see on the subway, which is considered as \"public obscenity \". The court sentenced Xu to four years in prison on first instance.
Xu refused to accept, the appeal said: the court of first instance to its sentencing too heavy, the court of second instance to education-based, secondary punishment principle to give it a fair judgment. It argued that it had not resorted to obvious violence or verbal coercion against the victim, and that the victim had not apparently resisted, and that the judgment of the first instance had overstated the seriousness of his actions. It apologized to the victim at the first time after the incident, after the family actively communicated with the victim compensation and obtained the victim's letter of understanding, the first instance judgment excessively magnified the injury to the victim. Furthermore, it considers that the court of first instance did not combine its conduct with a balance of sentencing between the different offences, and found that its conduct was more unfair than rape.
The Guangzhou Intermediate People's Court of the Second Instance holds that Xu's act of compulsory indecent assault on women in public places constitutes a crime of compulsory indecent assault. Xu Mou Yang can turn himself in, according to law can be lighter or mitigated punishment. Xu after the commission of the case can compensate victims and obtained an understanding, can be lenient punishment.
Appeal and defence opinion of ms xu and the defender. After investigation, xu's statement and the victim's statement confirmed that xu's crime was to push the victim from the seat of a car to the location near the glass grid to the triangle between the glass grid and the shield door for up to 30 minutes, limiting the victim's escape and resistance.
Although ms. xu's forced indecent assault on a passenger train lasted for 30 minutes, he could be identified as \"a public crime \", but the only scene witness in this case, ms. wu, only saw that the victim had been reluctantly resisting and pushing ms. xu's chest, but did not see ms. xu's obscene movement, and only felt that the two men were lovers's who were at odds. Thus, mr. xu's obscene actions had a certain concealment, and the victim's unafraid performance had also caused confusion to the people at the scene.
In addition, after the comprehensive Xu did not choose to escape without being noticed by others, but followed the victim to get out of the car, but also to ask the victim for forgiveness and always follow the victim to the police station to surrender, after the case also compensated the victim and obtained an understanding, the original sentence of four years'imprisonment for Xu has been reduced, but it is still too heavy to adapt to its actual crime. Xu and the defenders of the relevant parts of the opinion of the court to accept.