drink improvement in heart,
Timberland Men, man hiding in the trees up to about 4 hours, staring at the house of the woman opportunistic crime; was alerted after the woman entered the room, pulling the process, show their true colors in the lightning, man panic and fled the scene ... ... the new capital district court has handed down, determined that the man convicted of rape. However, he is active in the criminal process to give up crime, stop crime, the court reduced his punishment, sentenced to 1 year imprisonment, suspended for 1 year.
crime: Lightning exposed the identity
the evening of April 17 last year, the new capital district of new complex town small farm house, 40-year-old Qin show lying on the living room sofa watching TV. Qin show her husband working away from home, she and her daughter at home.
night 9 pm, the living room door was suddenly sounded. The next day at 1 pm, the sound came again --- sliding door, a man half her body has entered the bedroom, Qin Xiuli that is ready to alarm. Man quickly rushed over and pulling her up. At this time, a lightning show to see the other face of the Qin --- is adjacent to her house about 200 meters neighbor, 42-year-old Li.
Li saw that he was recognized, fled in panic. Qin Xiuqing property management of the home, not something stolen.
dawn, the report shows Qin, Li was arrested. Li said the night of the incident, two liquor he drank three or four, played a show on the Qin color center. First entered the room was not found, but he did not flee, but hiding in the Qin Yuan Ba ??in a show house peeping tree ganzi Qin house show. Keep to the next day at 1 o'clock,
Timberland Women Waterproof Boots, he quietly under the tree, into the bedroom Qin show.
sentence: convicted of rape but guilty of an offense suspension
March 19, the New Town district court Li is not a public hearing. Prosecutors charged, Li constitute rape, but a crime to stop. Li's Procuratorate charges fully recognized.
Recently, the New Town District Court pronounced the verdict that Li Qin women over the wall into the show at home in an attempt to have sex with, to escape over the wall after being recognized, its acts constitute rape. But Li in the criminal process, to give up crime, is the suspension of crime, according to its mitigation.
this end, the Court sentenced Li to 1 year imprisonment, suspended for 1 year.
return visit: female victims have been sellers moved
Qin Li home from home separated by only a road show. Li said the mother, Li to help people cooking, gatekeepers to a few home, did not call. In the eyes of the villagers interviewed, Li is a nice guy, his wife left home early, his family was poor. (Paper party pseudonym)
Interview Sichuan Normal University School of Law, Associate Professor Cui Wei
quibble if ye unsuccessful burglary sentence
Chengdu Business Daily: by ordinary people to understand, rape and female private parts to a relationship, in this case, Li is just waiting in the trees, pulling into the room and the place of women victims, and did not succeed, are also considered rape?
CUI: according to criminal law, crime stop crime, criminal attempt, criminal consummated so, the nature of the severity of different situations are different, but should be subject to criminal accountability. This case, from the same account of Li's view, he is like subjectively and Qin show sex. Although the lightning accident, Li in the case of the other party to see their own hearts afraid, do not want to subjective crimes continue,
Timberland Men Boots, give up crime, a crime under the suspension of criminal law, criminal law should deal with the crime, the suspension provisions.
Chengdu Business Daily: the present case, he started do not know each other is directed to the color. If the suspect does not recognize the attempted rape, but sophistry did not steal steal, how to deal with?
CUI: burglary is a crime. If less than the amount of theft, judicial practice, it may be illegal intrusion into residential offense. But sophistry is set up, will have to see whether the conduct occurred, and the same objective, otherwise it will be overturned.
Chengdu Business Daily: pulling into the room without a second, if the tree was found, and then fled, rape count it?
CUI: I personally think that also constitutes a crime, rape subjective idea, the objective is also to open the pass, the results were found. However, even with comprehensive and objective evidence to identify.
Chengdu Business Daily: If there is no objective evidence of Li himself only one account can be convicted of it? For example, a person would like to rape, hiding in one place waiting for a long time, and later give up, the person did not know.
Cui Wei: no. According to the Criminal Code provides that only the defendant's confession can not be convicted, there must be other circumstantial evidence.
