Supreme People's Procuratorate


November 23, Wednesday. 8:50 in the morning, winter Furukawa state land, cold wind. Linxia County, Gansu Province is located in the east of the People's Court, but with the past no different. Few cars on the road, and occasionally through one or two pedestrians hurried pace, extremely lonely.
 
Nearly 9:00, a police car coming from the west, the car body with the word "court", electric door slowly closed court being opened, immediately shut down. Hole was red car sitting in the car. He was in custody from the court to the Linxia County Detention Center, just 10 minutes' drive away.
 
At least five media reporters rushed to the scene, but they were told to "privacy case involving minors, the court heard in public."
 
November 9, the China Youth Daily (microblogging) to "Gansu Yongjing County" eldest child "indicted on suspicion of raping a number of female high school students" in the title, took the lead from the exclusive coverage of this shocking case.
 
Two weeks later, the case is ushered in an important day - the trial hole was red.
 
"Big is more good" debut
 
0900, nicknamed "Big is more good," the hole was red appear in the dock. His upper body wearing yellow vests, handcuffs, leg irons. Although already in custody at the detention center for a few months, but the hole was about 1.8 meters tall red, stern, looks very solid body.
 
Victims attorney first met Mao Peng hole was red, and even "I feel very cold, a little unlucky."
 
Trial is scheduled in Linxia County People's Court courtroom can accommodate 50 people, but five or six rows of the gallery was empty, not a single day of the victim or family member appears. Allegedly, the reason to borrow Linxia County Court hearing the case, considering the hole was red detained in Linxia County Detention Center. Previously, participation hole was red and one case police investigators had made a request to attend, was also rejected.
 
Yongjing County People's Procuratorate from prosecution, in court to support the prosecution of a total of three prosecutors. Chaired by the presiding judge Yongjing County People's Court Criminal Tribunal Liu Yongen.
 
From the time the trial began at 9 am, 12:10 adjournment. After 50 minutes,http://store.shopping.yahoo.co.jp/vic2/71660.html, 13:00 to continue the hearing, after up to six and a half hour trial, 16:35, the presiding judge announced the end of the trial. Not surprisingly, the Full Court did not in court for sentencing. 4:40 Xu, the holes have to be escorted back to red again Linxia County Detention Center.
 
After the trial, the presiding judge to China Youth Daily reporter said the case is a high degree of media and public attention, the full court will choose a sentencing date as soon as possible. At the same time,Piumini moncler outlet, he relates, "secret trial" on the grounds, declined a reporter interview requests concerning the details of the trial.
 
At this point, located on Yongjing County Yanguoxia Quan village two clubs have red home hole, the hole father may not know his son will stand in the dock of the Court today, trial law.
 
Two weeks ago, China Youth Daily reporter had visited the hole was red Quan village two clubs live on the ground 181 of the year. Where the iron gate locked, long uninhabited. Through the gap, the hospital litter, ruins bear. Lintel still nailed on the gates of "striving Ten Star civilization door" Tiepai, including "law-abiding, adhere to the five love" words and so on. It now appears, somewhat funny and ironic.
 
Hole was red-growing world is a world of low-rise courtyard houses, the village school and the family is not rich composition. Hole home old house sandwiched neighbor tall brick houses, quite shabby. A few rotten rafters abruptly emerge from the walls, cluttered yard piled Huangcan corn cobs. Hole was red over 70 year-old father occasionally come back to live alone. Hole was red mother three years ago has died, the huge yard, only hole father alone.
 
As the eldest son of the family, the marriage will be the separation of the red hole was another live. Neighbor recalled, bore it can unite people, keen to village public welfare, "weddings and funerals is to help a person." But the hole is very irritable temper.
 
"He bad not bad. Temper congenial, will be able to assist to help. Temper do not vote, it was not bad. I feel this person is brainless, shallow culture." An elderly neighbor said. & Nbsp; & nbsp;
 
Hole in childhood did not show its future cruel side, "very generalized." Retired elementary school teacher for the year the student had no particular impression, just remember very bad grades.
 
"Surprised, how to become a man like that?" 63-year-old Kong Weiwen said. He is the hole was red capitalists neighbors. Since the punch was red met her mother's funeral, the two never met.
 
Those who had watched him grow up to see him gradually manifested the essence of things. In goes very long face, he is a more silent, more and more irritable temper, temperament more and more strange middle-aged man. He gradually away from the poverty-ridden childhood in the world. In the eyes of the neighbors, the hole was red image has become increasingly blurred.
 
Five crime
 
It is understood that most of the time,http://pogalgraph.px2.jp/cgi-bin/diary/diary.cgi?mode=entry&ym=200806&no=157, the hole in the dock was red face expressionless. The prosecution believes that "the case belongs to the criminal gang case, a crime during the probation, suspended sentence should be revoked, graft."
 
It is understood that the prosecution accused the hole was red committing five crime - the crime of intentional injury, illegal possession of firearms, rape, disturb the crime, the crime of gambling.
 
The prosecution noted that the November 15, 2003, and the hole was red Kwak son trivial contradiction. In the afternoon after school, defendant hole was red Kwak blocking the opposite road liujiaxia town Grain Bureau of Kwak beaten, it was injured.
 
The evening of 10 May 2006 10 am, the defendant Liu business Wolong Villa Disco consumer when the hole was red because of a trivial altercation, after the hole was red and others beat Ryu, which was injured.
 
August 11, 2007 the next evening, Zhao Yanguoxia in Yongjing County town hole was red run "Wolong Club" conflicts with others, after being advised to open, Zhao from the outside stalls took a casserole The chopper back to the "Wolong club", the chopper was found after someone else to go, then the hole was red Zhao altercation, after the hole was red with a beer bottle to Zhao injury.
 
From the prosecution allegations, the summer of 2000, Zhang Yongjing County Unicom branch workers to Lee in the hands of a friend, "Eagle" double-barreled shotgun at a price of 6300 yuan sold the hole was red. By the end of 2010, the defendant Ma Guoqing pay 4,000 yuan to the well too red, two shotguns belongs to negotiate the two jointly.
 
In addition, the hole was red as early as November 5, 2005, on suspicion of committing the crime of gambling, was released on bail Yongjing County Public Security Bureau. The following year in March, Yongjing County People's Court ruling: red hole was guilty of gambling and sentenced to two years imprisonment, suspended for three years. Public prosecutor that: Part of this crime in view of the hole was red alleged occurred during probation, according to the law, the original ruling should be revoked probation, the court shall gambling crime along with other charges, the implementation of graft.
 
......
 
According to reports,http://store.shopping.yahoo.co.jp/idealtime/bltdead.html, the trial day, the hole was red for illegal possession of firearms and confessed to the crime of intentional injury. But he refused to recognize rape and disturb the crime.
 
The same day, the court also heard the same time, Ma Guoqing arrested for illegal possession of firearms case. After the trial, Ma Guoqing's attorney, told reporters that "no comment", declined to be interviewed.
 
Heated debate "rape"
 
It is worth noting that the hole was red and counsel for the prosecution of alleged "rape" refused to recognize that rape not guilty. It is understood that the same day, the prosecution alleged a total hole in the Red has had raped three women. Constitute the crime of rape, the trial became the focus of the day.
 
Around this accusation, the prosecution, the victim attorney, hole was red and his defenders engaged in a fierce debate.
 
In the victim's attorney - at Guangdong Jun Yan Peng Law Firm lawyer Liu Hui and wool memories courtroom to partial reduction.
 
"I really appreciate today what you just when Kwak intentional injury case to say: 'We are all parents, but also the son of the son of the people,' We hope that this statement of principle and as the conversation common values. "Liu Hui hole began to get red questions.
 
......
 
He asked in court hole was red: "the public security organs in the record, you have at least six or seven girls consider themselves sexual relations occurred, most of them are minors, you always advocated that they are voluntary, that. others you are a parent, do you think these minors are based on what is the reason, voluntary and you married a 48-year-old old man have sex? fancy your appearance, character, or money? "
 
After a few minutes of silence, the hole was red gives the answer: "I am immoral, in my life style is not indecent ...... but I did not rape them."
 
Previously, the hole was red justification is: he is in love with Xu Peipei relationship, and the other two girls are consensual sexual relations.
 
According to "Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security on Several Issues currently handle rape cases in the specific application of the interpretation of the law,http://tuonela.s138.xrea.com/lightbbs/light.cgi?res=7156," states: rape refers to violence, coercion or other means, against her will,moncler outlet, forced sexual intercourse and its occurrence the behavior of. The "other means" refers to criminal violence, coercion by outside, so that the murdered women can not resist. Such as: the use of women suffering from serious illness, sleeping machine, be adultery; to drunkenness, drug anesthesia, and the use of counterfeit or other methods of treatment of women raped.
 
Based on this, Liu Hui, a lawyer for the "conviction" that the problem: First, the parties to the hole was red between a sexual relationship with this point no objection; secondly, if the hole was red sexual relations with breach of the It will, should identified as rape. In this case, the hole was red sexual relations with , a serious breach of will, on charges of rape should be established.
 
"Although there is no direct evidence, Xu Peipei injured reason dizziness day, whether from the hole was red tea in under the drugged in, but regardless of whether it is drugged hole was red at least the hole was red in dizziness coma period, while it was unable to resist, forced sex with their occurrence, a serious breach of will, according to the law should be recognized as rape. "Liu Hui expressed.
 
He also stated to the court,http://s73842.gridserver.com/home.php?mod=space&uid=996649,woolrich outlet online, testimony from victims and their students, the Xu Peipei the victim that night was the first time to meet with the hole was red. Hole was red proposition sides first met Xu Peipei its voluntary sexual relations, not logical.
 
"If the defendant's confession hole was red, front conflicting obviously lying." Liu Hui said the lawyer.
 
For hole was made by counsel red "Even first sexual behavior is forced, but after the second sex, repeatedly having sex with the hole was red, according to the law should not be punished for rape" point of view, Liu Hui lawyers believe "case,http://thehrr.com, based on the hole was red special identity - 'Yongjing a tyrant', after raped, mentally still been in a state of stress, resulting in not resist even dare to refuse the hole was red contacts . in accordance with the provisions of the relevant judicial interpretation: the criminals after the rape of women, the implementation of the spirit of the murdered women of threat, force them to continue to succumb to the shame should be punished for rape. "
 
Court stage of the debate, the prosecution also put forward the "hole in the Red raping women three or more, and the victims have in school, the circumstances are serious, will be against the object toward the school, mainly for left-behind children, single parents and remote mountainous areas Girls and other categories of people, involving minors,air max outlet, bad nature. Crime hole was red with the nature of criminal gang,louboutin homme, and crime against minors, according to the law should be severely punished. "
 
The prosecution also believes that "the trial, the hole was red pleaded not guilty to charges of rape, indicating a bad attitude pleaded guilty."
 
A source told reporters, this time, was to maintain a serious hole was red sentiment began to get a little excited.
 
Strange car accident
 
It is understood that the day of the trial, did not involve the occurrence of red body in the hole was a car accident case. Occurred in a car accident Aug. 16, 2010, so that the "big more good" fame, creating a sensation.
 
Farm full of corn cobs in a courtyard, 12-year-old mother's arm in gait difficulty. It is left to the horrors of that small defects lifelong Yao. If not this accident, he should now studying in junior high school in the classroom.
 
On the incident at 15:40 on August 16, 2010 Xu was small Yao uncle and grandfather sitting Cuiyong Wu Gan Cui Tengkun driving N18129 No. Santana, to the grandfather reading the patient to return from Linxia Yongjing. When traveling to State Road 213 near the village of Chen Well Kiba, and head to a Nissan car collided. In this serious car accident, 71-year-old and 38-year-old Cui Tengkun Cuiyong Wu died.
 
This accident in Yongjing civil transferred uproar, a more common argument is that the "'big more good' behind hardliners backing, had an accident are contributions to solve the problem."
 
China Youth Daily reporter searched a Linxia Prefecture Public Security Bureau Traffic Police Detachment briefing engendering show: Yongjing County traffic police brigade of the accident had to Yongjing county government made a special report, requesting Mission County, women come forward, called on all County enterprises and institutions, the community of caring people lavished Cuizheng Yao raise medical expenses.
 
Cuizheng Yao after being transferred to the General Hospital of Lanzhou Military Region Branch tranquil treatment. In the meantime, doctors issued a notice in critical condition several times.
 
Lanzhou General Hospital medical records from the hospital branch of peace Showing: August 16 that day, was admitted to the peace Cuizheng Yao branch of minimally invasive surgical nursing unit division, the initial diagnosis of hemorrhagic shock, abdominal bleeding, rupture and the like.
 
Small Cuishun Ming Yao's father afterwards learned that his brother was driving the car collision, the driver is the famous "Big is more good."
 
"(I have red hole) hated car accident relentless, more ruthless, and what living head of it." Smoked a cigarette, Cuishun Ming sighed.
 
Cuishun Ming said, after repeated urging, the hole was red commissioned brought 5,000 yuan, and then did not show up.
 
According Yongjing County Traffic Police Brigade investigation, the incident was, the hole was driving a red license plate number for the Gan C06085 cars, passengers 4 people.
 
Reporters noted that the Yongjing County Public Security Bureau Traffic Police Brigade issued a "road traffic accident," he said: Cuiteng Kun driving a motor vehicle driver exceeds the speed limit signs indicate the maximum speed driving, lane road, is caused by the accident The main reason; motorists driving without inspection hole was red motor vehicle on the road, exceed the speed limit signs indicate the maximum speed of travel, is caused by secondary causes of the accident.
 
Yongjing County, Gansu Province Traffic Police Brigade entrusted performance of the car to make supervision and inspection station identification report: Cuiteng Kun was driving accident Gan N18129 No. Santana before traveling speed of 85 to 88 km / h. The maximum speed limit for this section is 70 km / h.
 
This conclusion, the families of the victims is difficult to understand. Families that: Cui Teng Kun as a primary school teacher, usually a very steady work, never speeding car, and the car was "on the old, under a small,http://store.shopping.yahoo.co.jp/ebest-dvd/0000000944952.html," it is uphill, Cui Teng Kun-how could speeding? The traffic control department is how to make the above identified, how they do not understand.
 
November 7th, the China Youth Daily reporter went to verify Yongjing County traffic police brigade. Responsible for the accident the traffic police Liu Hong told reporters: "After the scene, the two vehicles are essentially positive touch, the contact point against a heresy."
 
Liu Hong, the incident at the time, surrounded by no camera, no witnesses. Section of the incident is just a slow downhill slope inclination angle is approximately 20 degrees. At that time, Cui Tengkun car driving in slow uphill, right-hand driving.
 
He certainly told reporters: "This thing nobody operation, any person not greeted." Faced with controversy, he said, "no pressure, which we can only say very sympathetic."
 
At least one thing is sure, Yongjing manhole 48-year-old was red, was arrested in April this year before the loss of personal freedom, and more than the prosecution case involved allegations content. Since the incident in some cases for many years, have lost a lot of direct evidence, the prosecution faces a problem of lack of definite data.
 
The hole was red hometown Quan village road leading to the outside, bumpy,http://vegalta7.s156.xrea.com/aska/aska.cgi#520, a case of rainy days, large and small, the pit will be filled with all the water. This way, a wall brush with such a slogan: "The world is bigger I am not afraid to go to learn the cultural world."
 
Retroactive hole was red growth trajectory, did not learn culture hole was red, and finally embarked on a life of no return. Hole was red and one case exposed education, social issues, thought-provoking.
 
(Text victims involved girls pseudonym)
 
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