A man in Guizhou had sex with a 12-year-old girl twice! Three years in prison

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 A man in Guizhou had sex with a 12-year-old girl twice! Three years in prison


The client is Geng Wenhu, a lawyer of Guizhou Luocheng law firm.

The peoples Procuratorate of Weining Autonomous County accused the defendant Chen Yongchao of falling in love with the victim Liu (born on May 27, 2008). On February 14, 2020, Chen Yongchao took Liu back to his home in Weining Autonomous County by motorcycle, and two people had sex in Chen Yongchaos home at 2:00 a.m. On March 14, 2020, Liu will be brought back to his home and have sex with Liu.

The evidence to identify the above facts includes: the process of the case, household registration information, on-site investigation records, the testimony of witnesses Li and Zhang, the statement of the victim Liu, and the confession and defense of the defendant Chen Yongchao.

Therefore, the defendant Chen Yongchao had sexual relations with a young girl under the age of 14, and his behavior violated the provisions of Article 236 of the criminal law of the peoples Republic of China. The facts of the crime are clear and the evidence is reliable and sufficient. Therefore, he should be investigated for criminal responsibility for the crime of rape. It is suggested that Chen Yongchao, the defendant, be sentenced to three years imprisonment for the crime of rape.

The defendant, Chen Yongchao, had no objection to the facts of the charges, the applicable law and the charges, and pleaded guilty in court.

The defense opinions put forward by the defender Chen Haiyan are as follows: the defendant Chen Yongchao has a confession plot; the defendant is a first-time offender and a casual offender without criminal record; the defendants behavior is understood by the victim; the defendants subjective malignancy is relatively small, and the behavior does not cause serious consequences; the defendant voluntarily confesses his crime and has a good attitude of repentance. It is suggested that the defendant be given a mitigated punishment.

The defense opinions put forward by the defender Geng Wenhu are: the defendant Chen Yongchao is a first-time and accidental offender; after receiving the interrogation call from the public security organ, the defendant takes the initiative to accept the interrogation at the designated place, and after arriving at the case, he truthfully confesses the facts of his crime, which should be deemed as surrender. It is suggested that the defendant be given a mitigated punishment.

After the trial, it was found that the defendant Chen Yongchao and the victim Liu Mou (born on May 27, 2008) were in love, and both parties chatted in QQ at any time. On February 21, 2020, Chen Yongchao asked others to drive to the victims home near Liu, and took Liu back to his home in Weining Autonomous County. At about 2:00 a.m. the next day, the two had sex in Chen Yongchaos home. At about 0:00 a.m. on March 14, 2020, the defendant Chen Yongchao drove a motorcycle to the victims home, took Liu back to his home and had sexual relations with Liu.

In addition, it is found out that the peoples Procuratorate of Weining Autonomous County informed Chen Yongchao of the relevant provisions on leniency of confession and punishment on August 19, 2020. Chen Yongchao voluntarily signed a statement of guilty confession and punishment under the witness of the lawyer on duty on that day, admitted the criminal facts charged by the public prosecution organ and accepted the sentencing suggestions put forward by the public prosecution organ.

To identify the above facts, there are case registration, filing decision, disease certificate, household registration information, chat record, certificate issued by Civil Affairs Bureau of Weining Autonomous County, explanation of handling the case, process of arriving at the case, record and photo of on-the-spot investigation, appraisal document, notification of confession and punishment, written statement, testimony of witness Liu, testimony of witness Li, and witness Zhang Testimony, testimony of witness Luo, testimony of witness Chen Xiaoping, testimony of witness Liu Mulan, statement of victim Liu, confession and defense of defendant Chen Yongchao, and letter of understanding issued by the victim and his legal guardian to the court by Geng Wenhu, the defendant.

According to the facts, evidence and relevant laws and regulations of this case, the court judges the defense opinions of the defender as follows:

The remaining defense opinions of the defender are consistent with the facts found out, which shall be adopted by the court.

The court held that the defendant, Chen Yongchao, who raped a young girl under the age of 14, had violated the criminal law and should be investigated for criminal responsibility for rape and given a heavier punishment. Accordingly, the public prosecution organ accused the defendant Chen Yongchao of the crime of rape. The evidence is reliable and sufficient, and the charge is confirmed by our court.

After the defendant Chen Yongchao came to the case, he truthfully confessed his criminal facts, which was a confession, and could be given a lighter punishment; the victim Liu and his legal representative expressed their willingness to understand the defendants behavior and issued a written understanding, so he could be given a lenient punishment according to his discretion; the defendant Chen Yongchao voluntarily signed a confession of guilty and punishment with the procuratorial organ, which could be lenient. The sentencing proposal put forward by the public prosecution organ conforms to the principle of suiting the crime, responsibility and punishment of this case, and this court adopts it.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }Accordingly, in accordance with the first and second paragraphs of Article 236 and the third paragraph of Article 67 of the criminal law of the peoples Republic of China and Article 15 of the criminal procedure law of the peoples Republic of China, the judgment is as follows: the defendant Chen Yongchao committed the crime of rape and was sentenced to three years imprisonment. (the term of imprisonment shall be calculated from the date of execution of the judgment. If the sentence is detained before the execution of the judgment, one day of custody shall be equivalent to one day of the sentence. From March 16, 2020 to March 15, 2023) if you do not accept this judgment, you may appeal to Bijie intermediate peoples Court of Guizhou Province through our court or directly within 10 days after receiving the judgment. In case of a written appeal, one original and two copies of the appeal shall be submitted. Source: Referees document net source: Ma Wenjing, editor in charge of Chinas judicial document network_ NB15801

Accordingly, in accordance with the first and second paragraphs of Article 236 and the third paragraph of Article 67 of the criminal law of the peoples Republic of China and Article 15 of the criminal procedure law of the peoples Republic of China, the judgment is as follows:

Source: judicial document website