A few days ago, the man Li Yi was sentenced to 8 years in prison by the Jinan Court for rape.
What is even more angry is that at the time of the incident, the victim of the case was a 12 -year -old girl with a lag in mental intelligence development, and she had a miscarriage after pregnancy.
Case review:
The court of first trial determined that one night in February 2017, Li Yi was commissioned by Wang Jia, the father of Xiao A (female, born in 2005).When you are alone at home, forcibly have sex with it;
One night in May 2017, Li Yi came to Xiao A’s house again, forcibly a sexual relationship with him while the girl was alone.In December 2017, Wang Jia and his relatives discovered that her daughter was pregnant.After identification, Li Yi was the father of the embryo biology of Little A.
Faced with the police’s inquiry, Wang Jia also entrusted the matter and spent the matter.
It turned out that on December 8, 2017, Wang Jia’s sister came to her brother’s house to change her niece jacket.But she found that the child’s belly was big, so he asked Xiao A to have menstruation?The girl said no, at this time the family knew that Xiao A had been pregnant for several months.
It was the discovery of the daughter’s abnormalities that Wang Jia, who was honest and honest, no longer chose to conceal, directly alarm, and said the culprit: This person is not someone else, it is the fellow that Wang Jia has trusted very much before -many years of friends Li Yi.
It turned out that on February 2, 2017, Wang Jia was busy working in the urban area and suddenly received an call at night, saying that his daughter Xiao A rode a bicycle to come to him.Because he was too busy, Wang Jia called Li Yi and asked him to pick up the child back. Li Yi later called Wang Jia and said that he sent the child home and locked the door.Xiao A later told his family that it was that night that Li Yi took the opportunity to commit the crime for the first time.
Wang Jia introduced to the court that one day in April 2017, he returned home and unexpectedly found that Li Yi’s clothes were not in the house, and he was infringing Xiao A.Wang Jia, who was irritable, chased Li Yi with a kitchen knife, and Li Yi ran away.Because the door was locked, Wang Jia thought that Li Yi entered the wall over the wall.The small A series was born in an outpatient clinic in a foreign country in 2005. Due to the incomplete procedures, the child has been settled, and the child’s intelligence is a bit low.Li Yi has known Xiao A since he was a child, and he should know his age.
Wang Jia told the police that after discovering the incident, because there were too many family affairs, he wanted to swallow his voice until he found that his daughter was pregnant, and then he was determined to investigate Li Yi’s crime.
Relevant hospitalization certificates show that after 29 weeks of pregnancy abortion, its bone age development appraisal proves that its age is 13 years and 6 months.Judicial appraisal shows that the moderate mental development of Little A is delayed and non -defensive.This also means that when raped, the 12 -year -old girl of the little A series.
However, in the face of rape charges, Li Yi argued that he had sex with Xiao A twice, but Xiao A had no resistance. He believed that the girl was 15 years old and had no intellectual problems.
The court of first trial believes,
Li Yi’s behavior constitutes a crime of rape.The defendant Li Yi entered a minor’s residence. He raped and tried to get pregnant twice to a child under the age of twelve years old and the lag of mental intelligence.According to the facts of the criminal facts, crimes, nature and the degree of harm to society in this case, Li Yi was convicted of rape in accordance with the law and sentenced to 8 years in prison.
After the sentence, the original public prosecution agency did not protest.The defendant Li Yi of the original trial did not accept the verdict, and explained that "DNA appraisal conclusions, about DNA blood samples and induction of organizational embryo collection do not comply with legal provisions.The main evidence is insufficient, the application of legal errors, and the heavy punishment "is the main reason to appeal.The defender also defended it for the same reason, and asked the appellant to be punished lightly.
After trial of the Jinan Intermediate People’s Court, it was believed that according to the testimony of multiple fellows in the dossier, evidence, etc., the victim’s Xiao A department was born in 2005.In fact, there is also the bone age development identification certificate issued by professional institutions. The above evidence can confirm each other and exclude the reasonable suspicion of the victim’s age of over 14 years of age, which is enough to determine the fact that the victim’s young girl is the young girl.
After trial, the court of second instance believed that Li Yiming knew that the other party was a young girl and performed adultery twice, and his behavior constituted a crime of rape.The criminal facts identified by the original trial are clear, the evidence is indeed, sufficient, the conviction is accurate, and the trial procedure is legal.In view of the comprehensive judgment of Li Yi’s criminal objects, the means of criminal behavior, place, number of times and other specific circumstances, and the consequences of harmfulness, it sentenced him to 8 years in prison, and the sentencing was also appropriate within the legal range.
(The people in the text are a pseudonym)
时 Source: Jinan Times, New Times Reporter: Chen Tongtong
