In 2020, a man forcibly assaulted a drunk woman, then took a photo to show off in a group, attracting his friends to commit a crime together
Wine is a kind of drink favored by many people, and there have been many stories about wine since ancient times. However, in daily life, wine will appear in people’s eyes in the process of wine gathering, family dinner and so on.However, you should also control your alcohol intake. Once you get drunk, you may create problems and disputes for yourself.From all over to work in Zhongshan, Guangdong wu Lin, Wu Biao and small jing and other people are working in a factory, and usually get along with the relationship is better, so they formed a group chat.July 1, 2020 was the birthday of one of the group members. To celebrate the birthday of the group members, they agreed to have dinner and drink together after work, and to sing and entertain themselves at a KTV near the factory.And on the day of the incident just turn wu Mou Lin night shift, can help them to the door, so in the birthday party that day, these people will eat dinner in the hotel after drinking wine, they directly went to the KTV singing entertainment, but also a lot of wine.They spent a long night, drank a lot, and ended up drunk.Xiao Jing was one of the few women who attended a birthday party. She didn’t control her drinking because she got along well with everyone.When a group of people came to sing at a KTV in a commercial building, she drank some more wine and went straight to sleep on the sofa in her private room.At around 2 am, after the party was over, they had to face the next day’s work, so they got up and collected their belongings before heading back to their dormitories in the factory.And at this time they found together to come to the small static has drunk unconscious, how to call not wake up, in order to send her back to the people made difficult.Several other women said they wanted to carry her back together but the strength was too small, and several others drank too much, so someone called to tell the matter to wu Mou Lin who was on duty.On the one hand is to let wu Lin to help them open the door, on the other hand also let him help small static back to the dormitory.And wu Mou Lin in the understanding of this thing, they let them come back first, suggested to let small static rest in the vicinity of the night dawn and then come back, other people think it is also good, so wu Mou Lin opened a room in the vicinity, then the small static helped in.In the small static sent into the room after the sorcery Lin will have a crooked mind.After taking Jing to her room, he holds her key card in his hand and returns to jing’s room again after everyone else has left the hotel.Back to the room, he saw small jing really drunk, so wu Lin then violated each other, after the incident he did not forget to take pictures of this thing to show off in the group.When he finished the photo soon after, there is a group of friends wu Mou Biao saw his message, wu Mou Biao did not go to condemn each other after seeing this message, but with wu Mou Lin private chat up.In the process of two people chat privately, wu biao said he also want to show off, see the news after wu Lin also promised him, then they are in the room number sent a wu Biao.Wu Lin after he opened the door to go to the bathroom to take a bath, will be drunk small static to wu biao, and wu biao also carried out the violation of small static.The two then leave the hotel together, leaving Jing alone in her hotel room.Early in the morning, small jing woke up after immediately aware of his body strange, as well as his untidy clothes image, when she picked up the phone ready to ask a few other friends to attend the party, but saw the wu Lin hair in the group of that show off photos.After realizing what the other side did to themselves, small static immediately reported to the police, and will be in the group of photos to show off the information provided to the police, but also with the police to extract relevant evidence.On the same day, the police will wu Mou Lin and wu Biao two people arrested, in front of the evidence provided by the small static, two people also explained what happened that night.After the end of the account, two people to the small static apology, and took out 50,000 yuan compensation, obtained the understanding of the small static.According to Article 236 of the Criminal Law, whoever commits the crime of QJ by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.Here, although xiaojing did not resist when she was assaulted, but because she was in a drunken state at the time of the incident, her ability to protect herself was weakened and she could not faithfully express her will.So at this time, wu Mou Lin and wu Mou Biao in knowing each other drunk, still with small static relationship behavior is a case of QJ crime, is the need to bear the corresponding legal responsibility.At the same time, wu mou Biao in knowing wu mou Lin has committed crimes, still the implementation of criminal acts, and wu Mou Lin in knowing wu mou Biao criminal intention, provided the room number for each other and open the door, resulting in small static legitimate rights and interests were violated again.At this point, the nature of the case becomes more severe, belonging to the situation of two people round J, serious circumstances, and will be punished more severely in sentencing.According to Article 995 of the Civil Code, if the right of personality is infringed upon, the victim shall have the right to request the perpetrator to bear civil liability in accordance with the provisions of this law and other laws.The provisions of limitation of action shall not apply to the rights of the victim to stop the infringement, eliminate the hindrance, eliminate the danger, eliminate the influence, restore the reputation and make an apology.Wu Mou Lin and others in the group to send photos and videos related to xiaojing’s privacy, this behavior is a violation of privacy and personality infringement events.And this matter brings negative influence to victim small static, make its reputation is damaged.So as the infringement of the people, they have the obligation to apologize in the group, eliminate the impact of this thing on xiaojing.In two people to small static positive compensation, obtained small static understanding, in sentencing can consider lighter punishment.After hearing the case, the court sentenced Wu Mou Lin to 10 years in prison for QJ crime;QJ crime, sentenced to sorcery biao 10 years in prison.Two people refused to accept, filed an appeal, after the second trial, rejected the two people’s lawsuit request, maintain the original judgment.(The pictures are from the Internet and only match the narrative;Original article, without permission, shall not be reproduced in any form, handling!