Yao Wanlei Rape Case Adolescent boys have a hurdle to be cautious about

Mondo Education Updated on 2024-02-11

Foreword:

People make mistakes, especially young people. But the general mistake is good after it is corrected, and it is still a sign of progress. But some mistakes come at a great cost. How to keep young people from making mistakes, especially such serious mistakes. This seems to be a good topic in the world of education.

It's normal for young people, especially men, to be interested in **, but how can they not make mistakes because of this?No one has ever been young, taking me as an example, although I had that fantasy when I was young, but I really didn't have the courage to do such a thing with a little compulsion, and I was timid and blushing when talking to girls at that time, and I didn't dare to think about making sexual demands on girls. Now that I think about it, in fact, when I was young, I mainly pursued a spiritual love. I really didn't say that I dared to sacrifice my life for sex to do anything that crossed the line.

At that time, I also heard that the kid himself boasted about who he had a relationship with. I've also heard that there are girls and boys who are more open-minded and have casual relationships. But I've never had the opportunity to contact myself, and even if I did, I wouldn't dare. But if you say you're in a room, if there's a daring friend who has created such conditions for you, I might dare. But as soon as something like this happens, the girl's parents tell it, it's **, or **.

Therefore, this kind of thing is still divided into people, some people don't even have this kind of thought, and some people have such an idea and can still put it into action.

One way I can think of is if parents find that adolescent boys are too interested in it. Then you might as well spend money to find a "young lady" for him, once not twice, twice but three times, until he is not so interested in it, at least not the idea of risking a relationship with a girl.

In this way, I think I will prevent adolescent boys from making irreparable mistakes in this regard.

That's the case in this case, this boy of mine ** looked very capable when he met, not the kind who lacked a girlfriend. But meeting a friend led him down the wrong path. I thought it was just a relationship, but I didn't expect this to be a forced friend, nor a forced kiss, this became**, or**.

Apologetics

Honorable Presiding Judge and Judges:

The lawyer accepted the retention of defendant Yao Wanlei's father to serve as his defender to defend him in accordance with law, and hereby expresses the following defense opinions on the relevant facts and legal issues in this case, please consider it:

The defender believes that the sentencing of the original trial judgment was unusually heavy, and clearly violated the relevant provisions of the "Shanxi Provincial High People's Court's "Detailed Rules for the Implementation of the Sentencing Guiding Opinions on Common Crimes", as follows:

1. Although the victim Tian X was 17 years and 55 days old at the time of the crime, this is not a statutory aggravating circumstance for sentencing

The victim was close to adulthood at the time of the crime, but the defendant Yao Wanlei had just turned 18 years and 4 months old at the time of the crime, and the other defendant, Qiao Xufei, was also a minor. It can be seen from this that the essence of this case is not a case in which a person with a personality deliberately chooses a minor to start, but only a normal interaction between peers. Therefore, this circumstance does not indicate that the defendant has a more serious subjective malice and needs to be punished heavily.

For example, Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Juvenile Criminal Cases stipulates that "a person who has reached the age of 14 but is not yet 16 years old and occasionally has sexual intercourse with an underage girl, and the circumstances are minor and do not cause serious consequences, it is not considered a crime." Correspondingly, an adult having sex with an underage girl will be considered a ** crime.

The defender argued that this article embodies the concept and legal concept that if the two parties are close in age, the perpetrator does not need to be punished heavily because the other party is a minor.

2. Although it is impossible to distinguish between the principal and accessory offenders in this case, it can be clearly seen that Qiao Xufei occupies the active position of leading, planning, and masterminding in this jointly committed actYao Wanleiis in a passive, follow-up subordinate position

According to the testimony of the victim Tian, it can be seen that Qiao Xufei lured him to the room at the scene of the crime through design; It was Qiao Xufei who first stopped Tian and didn't let Tian go out, and it was Qiao Xufei who first carried out forced behaviors such as pushing, turning off the lights, and pressing Tian; It was Qiao Xufei who verbally ** the girl.

According to Yao Wanlei's confession, it can be seen that the criminal intent was first mentioned by Qiao Xufei, and Qiao Xufei also called other people to participate**, which shows that Qiao Xufei's subjective malice is very large, and it can also reflect that Qiao Xufei's criminal intent is obvious.

Through the above analysis, it can be clarified that Yao Wanlei's subordinate position in the joint crime can be clarified. This should be reflected in sentencing as appropriate.

Three, rightYao WanleiThe sentencing was unusually heavy, violating the sentencing norms of the Provincial High Court

According to the Shanxi Provincial High People's Court's "Guiding Opinions on Sentencing for Common Crimes" implementation rules, it can be seen that those who voluntarily admit guilt in court have their base sentence reduced by less than 10%; The reduced base sentence for obtaining forgiveness compensation must not exceed 1 year.

According to the provisions of the above guiding opinions**, the starting sentence shall be determined within 10 to 13 years. If the starting sentence is determined above 11 and a half years, then based on the above two sentencing circumstances, Qiao Xufei should be sentenced to less than 10 years, but because it must not be lower than the base sentence, then he should be sentenced to 10 years.

The trial court's sentence of 10 years and 7 months is clearly inconsistent with the sentencing norms.

To sum up, the defender believes that the original judgment did not strictly follow the provisions on sentencing standardization, and the sentencing of Yao Wanlei was too heavy. It is hoped that the court of second instance will be able to change the judgment in accordance with the law.

Defender: Liu Yunfei.

August 2018.

Postscript:

I think this is an important topic in the education world, and it is also an important topic in society, how to prevent adolescent boys from making mistakes because of sexual repression. It stands to reason that sex and sexual activity should not be difficult. Half of the world's population is female. But this basic need is the most intense and difficult to achieve for adolescent boys. Taiyuan to find a lawyer.

In many films, especially foreign films, about fathers who take their children to find sex workers. I think this is one of the social values of sex workers. He can relieve the sexual repression of adolescent boys, and even the sexual repression of many adults. A lot of sexual crimes have been avoided, a lot of women have been prevented from being injured by it, and many men have been prevented from committing crimes because of this.

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