Li Mou, a 38-year-old senior high school student from Jinan, Shandong Province, was an employee of Zibo Investment Consulting Co., Ltd. before the incident. Suspected rapist was detained in criminal detention on 13 January 2019 and arrested on 19 February of the same year. Since then, the Peoples Procuratorate of Linzi District of Zibo City accused Li of rape and brought a public prosecution to the Peoples Court of Linzi District. On June 28 this year, the Peoples Court of Linzi District handed down criminal judgment No. 258 of the first sentence of Lu0305 (2019). Judgment: In October 2016, Li Mou, a credit officer of Zibo Investment Consulting Co., Ltd., lent 6,000 yuan to the victim and a college student in Zibo campus of Shandong Vocational College by taking naked photos. Due to the inability of Bian Mou to repay the loan, from November 2016 to October 2018, Li threatened to expose the victims naked photography, demanding that the victim have sexual relations with him in the form of meat repayment interest on the loan. By this means, Li forced the victim to have sexual relations with him many times.
It is reported that during the trial of the case, the victim Bian first brought incidental civil action to the Peoples Court of Linzi District, and then applied for withdrawal of the action, suggesting that the defendant Li Mou be given a heavier punishment.
The evidence that Linzi Peoples Court affirmed the above facts includes the statement of the victim Bian Mou, the application form for personal loan, audio-visual materials, the chat record of Weichat and the statement and defense of the defendant Li Mou, etc.
Defender: The victim opens a house voluntarily for debt relief
The peoples court of Linzi District held that the defendant, Li Mou, threatened the victims privacy by making it public, forcing the victim to have sexual relations with him against his will, and his behavior constituted the crime of rape. According to Article 236, paragraph 1, and Article 61 of the Criminal Law, the defendant Li Mou was sentenced to six yearsimprisonment for rape.
After the judgment of Linzi District Peoples Court, Li Mou refused and appealed to Zibo Intermediate Peoples Court. The reason for Li Mous appeal is that his actions do not constitute rape. First, he did not use nude photos to threaten the victim to have sexual relations with him, and the victims statement was inconsistent with the facts; second, the telephone recordings accepted in the original trial were fabricated by the victim and could not be used as conviction evidence.
Li Mous defender defended it with the same opinion, and put forward that the appellant, Li Mou, only threatened the victim to repay the loan, and the victim volunteered to trade off the debt through sexual relations; the telephone recording was recorded after the last sexual relationship between the two parties, and the appellant provided the victim with a mobile phone for the convenience of the victim. Neither party can draw the conclusion that the victims relationship is coerced when they have sexual relations.
The trial of Zibo Intermediate Peoples Court held that the appellant, Li Mou, knows that the victim does not meet the loan conditions and intentionally borrows money from the victim who is still a college student by means of bare loan. The victim can not repay the money without repayment ability. Appellant Li Mou threatened the victim by publishing the nude photos of the victim he took. He exerted pressure on the victim, forcing the victim to have sexual relations with him in the hotel where he opened his room for many times. His behavior violated the will of women and conformed to the characteristics of rape. Appellant Li Mou confessed to the fact that he had taken naked photos of the victim, offered interest on the loan of meat compensation and had many sexual relations with the victim; the victims statement was a sexual relationship coerced by the appellant, and its multiple statements were stable, which was corroborated by the evidence of the chat record of Wechat, the recording of telephone calls and the lodging record of a hotel in Li Mou. It is sufficient to ascertain the facts of the case. The appellants reasons for appeal and the defenders defense opinion are not tenable and the court will not accept them. On September 2, Zibo Intermediate Peoples Court made a final ruling: reject the appeal and maintain the original judgment.
On September 11, in an interview with a reporter from China Business Daily, lawyer Zhang Yongqiang, the second instance defender of Li Mou, introduced that the second instance had just been sentenced, and according to his understanding, Li Mou might continue to appeal. After the incident, Li did not inform the unit of this matter, therefore, how Lis unit handled this matter, he did not know.
On the morning of September 11, Mr. Liu, the head of Zibo Investment Consulting Co., Ltd., told China Business Daily that in 2018, Mr. Li had left the company. The company is just aware of this matter, no one mentioned this situation before, and the relevant departments did not come to the company to investigate. Li Mous behavior is entirely his personal behavior, the company can not authorize him to do illegal and criminal things.
Lawyer: Internet borrowing should be cautious to encounter traps and should be timely alerted to the police
In recent years, the incidents of campus routine loan and bare loan emerge in endlessly, which seriously infringe on the legitimate rights and interests of College students, physical and mental health, and disturb the normal credit order. At the beginning of the school, how should college students face such problems and traps correctly? The court sentenced Li Mou to six yearsimprisonment for rape. What signal did it send to the outside world? What are the lessons of the case for both parties?
Lawyer Zhao Liangshan, senior partner of Hengda Law Firm in Shaanxi Province, believes that the judgment in this case conforms to the law and serves the purpose of punishing criminals. It conveys to the outside world the purpose of our countrys judicial service for the people and emphasizing the protection of womens rights and interests. It reflects the zero tolerance attitude of our law towards rape, and demonstrates the compatibility of crime, responsibility and punishment. Then.
Zhao Liangshan introduced that Article 236 of the Criminal Law stipulates that those who rape women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Raping women or raping young girls, in one of the following circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty: (1) raping women or raping young girls in bad circumstances; (2) raping women or raping many young girls; (3) raping women in public; (4) Gang raping of more than two persons; (5) causing serious injury, death or other serious consequences to the victim. Buying abducted and trafficked women, forcibly having sexual relations with them, using their powers and subordinate relationships, raping the wives of active servicemen by coercive means, and organizing and utilizing Huidaoguan, heretical organizations or using superstition to rape women shall be punished according to the crime of rape.
Therefore, the sentencing range of rape crime is fixed-term imprisonment of more than three years and less than ten years; fixed-term imprisonment of more than ten years, life imprisonment or death penalty. Combining with the case, the defendant, Li Mou, subjectively intentionally threatens the victim with naked photographs and objectively requests the victim to have sexual relations with him in the form of meat repayment loan interest, which belongs to the crime of rape and should be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Moreover, the main way of naked loan is to use naked photos, send them to debtors, take photos as collateral, delete photos after repayment, if not returned on schedule, sell naked photos of debtors to repay loans for profit. This kind of loan way violates the principle of public order and good customs in our country. According to the provisions of Article 52 of the Contract Law of our country, the loan contract It should be invalid. In order to invalidate the loan contract, the defendant used the nude photo to demand the threat of meat repayment loan, forcing the victim to have more sexual acts, and the circumstances were worse. Therefore, it was more reasonable to sentence the victim to six yearsimprisonment.
Zhao Liangshan said that the main reasons for the frequent occurrence of campus routine loans and bare loans were the weak financial knowledge of some students, poor awareness of prevention, poor consumption concept, simple loan procedures and large profits of criminals. Students are not aware of the danger of society and can not distinguish social risks. They are easy to fall into the trap of illegal elements and eventually suffer physical and mental harm. Therefore, in view of this kind of bad behavior, all kinds of subjects in society should be vigilant. From the point of view of the defendant, we should adopt the mortgage guarantee method allowed by law to provide loans. If the borrower fails to repay the money on time, we should resort to legal means to solve the problem, rather than coercion or coercion. From the point of view of the victim, we must be cautious about online borrowing and not send naked photos or personal information at will. When threatened or coerced, the police should call for help in time, rather than solve it without authorization. Zhao Liangshan reminds college students that when they encounter similar problems and traps, they must be rational. If criminals have some illegal situations, they must retain evidence and call the police in time. At the same time, college students should also establish a good consumption concept. When facing the pressure of repayment or violent debt collection, they should seek help from schools and families in time and report cases to public security organs when necessary.
Jian Jiangtao, a partner of Beijing Jingshi Law Firm, also reminded college students to strengthen self-management, not to consume in advance, not to borrow usury, in case they fall into the trap of campus routine loans and bare loans, they should call the police immediately.
Source: Responsible Editor of China Business Daily: Chengyu_NBJ11143