Ms. Liu, a single woman, was preparing to rest at home, but encountered a masked robber breaking into her home, Ms. Liu was shocked and begged the robber for mercy, "Big brother, don't hurt me, I cooperate" How is Ms. Liu's active dedication carried out and how to characterize it? Let's walk into this case together.
Case review] Recently, the police station received a report, ** The woman on the other end cried and told the police that she was resting at home that day, and a masked man suddenly broke in, not only ** herself, but also seized the family's property.
After receiving the report, the police immediately rushed to the crime scene and led Ms. Liu to the hospital for examination. It was determined that the lady was disabled in many places, there were traces of being **, and the scene was a mess, and the traces of rummaging were obvious.
So the police checked the nearby surveillance and arrested the suspect Li in less than a day.
After the criminal suspect Li was arrested, under the interrogation of the police, he confessed the facts of his crime, and because he was short of money, he had the idea of robbery.
On the same day, Li broke into Ms. Liu's home with his face covered, and when he saw that Ms. Liu was only one person at home, Li had a bad thought.
At that time, Ms. Liu was very scared and proposed: "Big brother, don't hurt me, I will cooperate", as long as Li does not hurt Ms. Liu, Ms. Liu will cooperate with any request of Li.
So Li had a relationship with Ms. Liu at home, and after the relationship, Li also robbed Ms. Liu's property of 100 yuan and a bank card of Ms. Liu.
Explain the law by case] Li broke into Ms. Liu's home in broad daylight, and not only committed ** acts against Ms. Liu, but also committed robbery. Li is a case where one person has committed several crimes.
Let's briefly analyze the legal offenses committed by Li.
1.Li constituted ** completed.
In this case, Li forcibly broke into Ms. Liu's home and held a knife in his hand, posing a serious threat to Ms. Liu's body and life.
In this case, Ms. Liu had no choice but to offer that she was willing to have a relationship with Li in exchange for her own life, which met the circumstances of going against the woman's will.
However, Li's defense claim that Ms. Liu took the initiative to have sex with Li is completely incorrect. In fact, this was not Ms. Liu's own will, Ms. Liu was forced to compromise in order to protect herself.
Under the very urgent circumstances at that time, according to the perspective of ordinary people, Ms. Liu was forced to agree to have sex with Li in order to protect herself, and Li's behavior seriously infringed on Ms. Liu's right to make sexual decisions.
Moreover, Li did have sexual relations with Ms. Liu, which constitutes a constitutive element that meets the requirements of completed crime. To sum up, Li's use of intimidation to force Ms. Liu to have sexual relations with him constituted the completion of the crime of **.
2.Li is a burglary.
In this case, due to economic reasons, Li wanted to follow a crooked path, so he forcibly broke into Ms. Liu's home, with the purpose of illegally taking possession of Ms. Liu's property.
Moreover, as an adult, Li has the correct ability to recognize and correctly recognize the harmful consequences of his behavior.
When Li set out to commit the robbery, he was able to clearly know that he would lead to serious harmful consequences that would damage Ms. Liu's property rights. However, Li was still willing to carry out this kind of conduct, indicating that Li subjectively had the intent to rob, which met the subjective elements of the crime of robbery.
Objectively, Li's act of breaking into Ms. Liu's home with a murder weapon and demanding that Ms. Liu hand over her property is in line with the objective manifestation of the crime of robbery in our country and snatching other people's property, which seriously infringes on Ms. Liu's right to property and her right to physical health.
Moreover, in this case, Li is an aggravated statutory sentence for the crime of robbery. Because Li belonged to the situation of burglary.
The household refers to the place where the family members live together, and in this case, Li broke into Ms. Liu's home, and this home falls within the scope of the household stipulated in the Criminal Law, so Li satisfies the household robbery in the Criminal Law.
This shows that Liu indicates that Li's personal danger is extremely great, and that the case is extremely harmful to society, and that Li X constitutes a burglary and should be punished in accordance with the aggravated statutory sentence for committing robbery.
To sum up, Li X has committed both the crime of ** in China's Criminal Law and the crime of robbery, which is a situation where one person commits several crimes, and according to the provisions of China's Criminal Law, several crimes should be punished together.
Finally, the author would like to remind everyone that a gentleman loves money in a good way, and if we want to get rich, we must take legal ways, not illegal channels, and touch the red line of the law, otherwise we will inevitably be severely punished by the law!