Yesterday (January 29).
Shanghai No. 2 Intermediate Court is in a subway car.
*The final verdict in the children's case was rendered.
Defendant Wang XX was sentenced to two years imprisonment.
Sixty men. **2 girls on the subway.
Not a first-time offense! Wang Moumou, male, born in 1959, primary school education. On May 1, 2023, Wang Moumou waited for an opportunity to commit a crime after entering the subway station. After some lingering observation, Wang Moumou got on the train, stood close behind victim A, and conducted ** on A.
After getting off the train at the station A, Wang Moumou followed him to get off the train, and then immediately changed the door to board the same train. After getting into the car, Wang Moumou stood close to Victim B and used the same method to carry out **. Wang's abnormal behavior attracted the attention of the police on duty, and he was arrested after he got out of the car.
After investigation, the two victims were both under the age of 14. And Wang Moumou is not a first-time offender. In April 2023, Wang Moumou committed a similar ** illegal act in the subway car, and was exempted from administrative punishment because the circumstances were particularly minor.
First instance: Constituted ** child crime.
He was sentenced to two years' imprisonment.
The court of first instance held that the defendant Wang XX carried out ** against two children in a row in the subway car, and his behavior constituted the crime of ** children, which should be punished in accordance with law, and the crime charged by the public prosecution was established. The court of first instance sentenced Wang Moumou to two years in prison for the crime of ** children.
After the first-instance verdict was announced, the defendant Wang Moumou was not satisfied, claiming that there was no such thing as the two children mentioned by **, and that he did not carry out ** acts, and appealed to the Shanghai No. 2 Intermediate People's Court.
Second instance: The appeal was rejected and the original judgment was upheld.
The public prosecution believes that the birth medical certificate and household registration information confirm that victims A and B were minors at the time of the crime. Wang Moumou defended that the physical contact with the two victims was caused by the crowding of the carriage, and denied that there was ** behavior. However, the video**, the victim's statement, and witness testimony all confirmed that Wang Moumou had enough space to stand in the car where the crime occurred, but he followed the victim and stood close to him for a long time.
Victim A's lawsuit ** pointed out that the appellant's heinous behavior against A had a serious psychological impact on him, and that A would still hesitate to take the subway until now, and that there was a certain psychological obstacle, and requested the court of second instance to reject the appeal and uphold the original judgment.
The Shanghai No. 2 Intermediate People's Court held that the two minor victims provided statements of accusation in the presence of the legal ** person, and their testimony was legal and valid. Regardless of whether the perpetrator subjectively "knows", the nature of the case is determined by the age of the actual victim, that is, if the actual age of the victim is under 14 years old, it should be punished as a child crime. The first-instance judgment is based on the specific facts of the case, and the principle of modesty in the criminal law is considered, and it is punished as a criminal circumstance, the law is applied accurately, and the conviction and sentencing are appropriate.
In the end, the Shanghai No. 2 Intermediate People's Court rejected the appeal and upheld the original judgment.
Judge reminds. **Conduct is distinguished by degree, and if the circumstances are minor, it shall be handled in accordance with the Public Security Administration Punishment Law; where the circumstances are heinous, criminal responsibility is pursued in accordance with law. In this case, Wang Moumou successively ** two children in a public place, which has constituted the crime of ** children.
Crimes on public transportation such as subways occur from time to time in various places, which not only infringe on the personal rights of victims, but also disrupt the normal order of rail transit, and have great social harm. Most criminals take advantage of the objective conditions of crowding and difficulty in avoiding, and take advantage of the psychological weakness of the victim's reluctance to speak out in public to carry out ** behavior. But in fact, there are police patrols on duty in the carriages, and there are also monitoring records, and the legal net is restored, negligent but not leaky, and illegal and criminal acts cannot escape the punishment of the law after all.
We would like to remind everyone that you should be aware of safety precautions when taking public transportation, especially in crowded and confined spaces, and should always pay attention to your surroundings and be vigilant against suspicious people around you. When encountering ** violations, do not swallow your anger, should dare to stop, shout loudly, ask for help from surrounding passengers and call the police in time, if conditions permit, try to preserve as much relevant evidence as possible, and actively protect your legitimate rights and interests.
*: Shanghai No.2 Intermediate People's Court.