目录

1.李吉顺强奸、猥亵儿童案

2.董琦强奸案

3.魏连志猥亵儿童案

4.李沛新猥亵儿童案

5.刘箴芳等介绍卖淫案

一、李吉顺强奸、猥亵儿童案

（一）基本案情

2011年上半年至2012年6月4日，被告人李吉顺在甘肃省武山县某村小学任教期间，利用在校学生年幼无知、胆小害羞的弱点，先后将被害人王某甲、潘某甲、康甲、康某乙、康丙、杨甲、杨某乙、王某乙、康某丁、刘某甲、杨丙、康某戊、杨丁、李某甲、康某己、刘某乙、杨戊、康某庚、魏某甲、李某乙、李某丙骗至宿舍、教室、村外树林等处奸淫、猥亵，将被害人杨己、潘某乙、杨庚、杨某辛、杨某壬骗至宿舍、教室等处猥亵。李吉顺还多次对同一名被害人或同时对多名被害人实施了奸淫、猥亵。上述26名被害人均系4至11周岁的幼女。

（二）裁判结果

甘肃省天水市人民检察院以被告人李吉顺犯强奸罪、猥亵儿童罪提起公诉。天水市中级人民法院经审理认为，李吉顺利用教师身份，在教室及其宿舍等处长期对20余名未满14周岁的幼女多次实施奸淫、猥亵，其行为已构成强奸罪、猥亵儿童罪，应依法予以并罚。李吉顺犯罪情节极其恶劣，社会危害极大，应予严惩。依照《中华人民共和国刑法》第二百三十六条，第二百三十七条第一款、第三款，第五十七条第一款，第六十九条的规定，对李吉顺以强奸罪判处死刑，剥夺政治权利终身；以猥亵儿童罪判处有期徒刑五年，决定执行死刑，剥夺政治权利终身。

宣判后，被告人李吉顺提出上诉。甘肃省高级人民法院经依法开庭审理，裁定驳回上诉，维持原判，并依法报请最高人民法院核准。最高人民法院经复核认为，李吉顺利用教师特殊身份，对20余名不满12周岁的幼女多次实施奸淫、猥亵，犯罪性质和情节极其恶劣，社会危害极大，罪行极其严重，依法核准李吉顺死刑。罪犯李吉顺已被执行死刑。

（三）典型意义

本案被告人李吉顺作为人民教师，对案件中的被害人负有教育、保护的特殊职责，但其却利用教师身份，多次强奸、猥亵多名幼女，其犯罪更为隐蔽，被害人更加难以抗拒和揭露其犯罪；本案被害人年龄介于4至11周岁之间，均为就读于小学或学前班的学生，李吉顺利用被害人年幼、无知、胆小的弱点，采取哄骗的手段在校园内外实施犯罪，严重摧残幼女的身心健康，社会影响极为恶劣；在被侵害的幼女中，有多名农村留守儿童，作为弱势人群，更易受犯罪侵害，李吉顺针对她们实施犯罪，后果更加严重;李吉顺在一年多时间内，多次强奸、猥亵幼女，人数多达26名，犯罪情节特别恶劣。《关于依法惩治性侵害未成年人犯罪的意见》（以下简称《性侵意见》）第25条规定：“针对未成年人实施强奸、猥亵犯罪的，应当从重处罚，具有下列情形之一的，更要依法从严惩处：（1）对未成年人负有特殊职责的人员、……、实施强奸、猥亵犯罪的；（4）对不满十二周岁的儿童、农村留守儿童、严重残疾或者精神智力发育迟滞的未成年人，实施强奸、猥亵犯罪的；（5）猥亵多名未成年人，或者多次实施强奸、猥亵犯罪的；”李吉顺作为对未成年人负有特殊职责的人员、针对多名不满十二周岁的儿童、农村留守儿童多次实施强奸、猥亵犯罪，符合《性侵意见》第25条中第（1）、（4）、（5）项的情形，应依法从重处罚。人民法院对李吉顺依法判处死刑，是适当的。

二、董琦强奸案

（一）基本案情

2013年5月23日零时许，被告人董琦与郭某某（另案处理）翻墙进入河北省泊头市某中学西校区，跳窗进入女生宿舍。董琦采用掐脖子、扇耳光、言语威胁等暴力、胁迫手段，先后脱去被害人张某某、赵某某、田某某、王某甲、胡某某、王某乙六名女生的衣服，强行实施奸淫，其中，除对王某甲强奸未遂外，对其他五名被害人强奸既遂。六名被害人中，王某甲刚满14周岁，其他五名被害人均未满14周岁。

（二）裁判结果

河北省沧州市人民检察院以被告人董琦犯强奸罪提起公诉。沧州市中级人民法院经审理认为，董琦奸淫多名幼女，以及违背妇女意志，采用暴力、胁迫手段强行奸淫被害人王某甲的行为已构成强奸罪。公诉机关指控的罪名成立。被害人张某某、赵某某、田某某、胡某某、王某乙均不满14周岁，董琦连续对上述五名幼女实施奸淫，应从重处罚。但董琦对被害人王某甲强奸未遂，可比照既遂犯从轻处罚。依照《中华人民共和国刑法》第二百三十六条第一款、第二款、第三款第二项，第二十三条，第五十七条第一款的规定，对被告人董琦以强奸罪判处死刑，缓期二年执行，剥夺政治权利终身。

宣判后，在法定期限内没有上诉、抗诉。经河北省高级人民法院依法复核，同意核准原审判决。

（三）典型意义

本案是针对在校女生实施的强奸犯罪，案发地点特殊，发生在学校女生宿舍内。被告人董琦采取翻墙、爬窗等手段进入女生宿舍后，连续作案，对六名未成年少女实施奸淫，犯罪情节特别恶劣，后果十分严重，严重影响学生人身安全。依照刑法规定，强奸妇女、奸淫幼女多人的，处十年以上有期徒刑、无期徒刑或者死刑。《关于依法惩治性侵害未成年人犯罪的意见》第25条规定：“针对未成年人实施强奸、猥亵犯罪的，应当从重处罚，具有下列情形之一的，更要依法从严惩处：……（2）进入未成年人住所、学生集体宿舍实施强奸、猥亵犯罪的；”综合考虑本案犯罪性质、情节及后果，沧州市中级人民法院对董琦判处死刑，缓期二年执行，剥夺政治权利终身。

值得注意的是，案发当晚，本案被害人所在宿舍有十几名女生，没有一人在犯罪过程中进行呼救或反抗。其间，值班老师查房时，也没有学生向老师呼救，导致未能及时发现、阻止被告人的犯罪行为。究其原因，与被害人均尚年幼、自我保护意识十分薄弱有一定关系。由此警示未成年人的家长和学校应该加大对未成年人自我保护意识的教育力度，加强学校安全设施、安全监管措施建设，避免类似悲剧发生。

三、魏连志猥亵儿童案

（一）基本案情

自2009年年初，被告人魏连志在北京市丰台区某公园的小树林、暂住处等地，多次以给付零用钱等手段，采取抚摸、让被害人吸吮其生殖器等方式对王某某（男，13岁）进行猥亵。至2013年12月，魏连志在其暂住处、丰台区某小池塘旁边等地，采取上述方式对被害人张某（男，11岁）、谢某某（男，12岁）、尹某某（男，11岁）、何某（男，11岁）、邹某（男，13岁）、袁某某（男，12岁）等另外6名男童多次进行猥亵。

（二）裁判结果

北京市丰台区人民检察院以被告人魏连志犯猥亵儿童罪提起公诉。丰台区人民法院经审理认为，魏连志多次猥亵多名儿童，侵犯了儿童的身心健康，其行为已构成猥亵儿童罪，依法应予从重处罚。公诉机关指控的罪名成立。虽然魏连志能如实供述犯罪事实，但其长时间多次猥亵多名儿童，其中多人不满12周岁，严重损害了儿童的身心健康，依法应从严惩处，鉴于其犯罪情节和社会危害后果，对其不予从轻处罚。依照《中华人民共和国刑法》第二百三十七条第一款、第三款，第六十一条的规定，以猥亵儿童罪判处魏连志有期徒刑五年。

宣判后，在法定期限内没有上诉、抗诉。判决已经发生法律效力。

（三）典型意义

本案是一起发生在社区的猥亵男童的典型案件。对于猥亵儿童犯罪，依照刑法规定，一般应当在五年以下有期徒刑或者拘役的法定刑幅度内从重处罚。为细化从重从严处罚的情形，体现对未成年人特殊保护的刑事政策，《关于依法惩治性侵害未成年人犯罪的意见》规定，针对不满12周岁儿童实施猥亵的，猥亵多名未成年人，或者多次实施猥亵犯罪的，应当在从重处罚的基础上更加体现从严。本案中，被告人魏连志在长达5年的时间里，采取用小恩小惠进行引诱、哄骗等手段，对7名男童多次实施猥亵，其中3名被害人不满12周岁，严重侵害了儿童的身心健康，故法院依法从严惩处，在法定刑幅度内对其顶格判处有期徒刑五年。

在本案审理过程中，被告人魏连志及其辩护人提出，魏连志因个人特殊的生活经历，对成人有戒备心理，系恋童癖患者，其因心理疾病才实施猥亵。法院考虑到魏连志在犯罪后确有认罪、悔罪表现，为了帮助其打开心结，避免更多的儿童受到伤害，在庭审后专门邀请心理专家对其进行了心理疏导。在心理专家的耐心帮助下，魏连志开始正视自身的问题，表示服刑期间将按照心理专家教授的方法，进行心理矫治调适。

本案的发生，除了被告人方面的原因外，被害人属于未成年人，防范意识差，家长对孩子的安全教育严重缺乏也是一个很重要的原因。为了提醒广大家长做好孩子的安全保护教育，预防和减少此类案件的发生，本案承办法官向广大家长发送了《致家长的一封信》，结合猥亵儿童案件的特点，有针对性地向家长提出了建议，并且由多家媒体对本案及由此展开的一系列延伸活动进行了报道，取得了较好的普法宣传效果。

四、李沛新猥亵儿童案

（一）基本案情

自2011年8月起，被告人李沛新乘其妻张某某外出之机，多次在其位于广东省广州市花都区的住宅中，使用威胁、诱骗等手段，采取手摸乳房、阴部等方式，对继女何某某（被害人，时年10岁）进行猥亵。2013年5月17日，公安人员在李沛新家中将其抓获。

（二）裁判结果

广东省广州市花都区人民检察院以猥亵儿童罪对被告人李沛新提起公诉。花都区人民法院经审理认为，李沛新采取威胁、诱骗手段，多次猥亵儿童，其行为已构成猥亵儿童罪，依法应当对其适用五年以下有期徒刑或者拘役的量刑幅度予以处罚。结合李沛新犯罪的具体情节、危害后果以及认罪态度，依照《中华人民共和国刑法》第二百三十七条第一款、第三款之规定，对李沛新以猥亵儿童罪判处有期徒刑三年。

宣判后，在法定期限内没有上诉、抗诉。判决已经发生法律效力。

（三）典型意义

本案是一起继父猥亵未成年继女的典型案件。未成年人处于生理发育和心理发展的特殊时期，辨别是非和自我保护能力差，在受到不法侵害时通常不知或不敢反抗，易成为性侵害的对象。特别是与未成年人有共同家庭生活关系的人员，因具有接触未成年人的便利条件，且在物质、生活条件等方面相对未成年人处于优势地位甚至支配关系，实施性侵害犯罪更为隐蔽，持续时间通常更长，未成年被害人更难以抗拒和向有关部门揭露，社会危害更大。因此，《关于依法惩治性侵害未成年人犯罪的意见》第25条规定，与未成年人有共同家庭生活关系的人员实施强奸、猥亵犯罪的，要依法从严惩处。本案中，被告人李沛新与何某某的母亲张某某登记结婚，与何某某形成共同家庭生活关系，其不仅不履行应尽的保护职责，还对年仅10岁的继女实施猥亵，为法律所不容，亦严重违背人伦道德。鉴于李沛新归案后能主动认罪、悔罪，法院依法判处其有期徒刑三年。

五、刘箴芳等介绍卖淫案

(一)基本案情

2012年暑假期间至2013年4月底，被告人刘箴芳、杜义权、叶某、徐某某、刘某、秦某某、王某、陆某等八人，单独或交叉结伙，通过电话与嫖娼人约定之后，先后多次将周某、朱某、徐某、王某甲、沈某、陈某、陆某乙、黄某、庄某、李某、卢某等十一人（除卢某外，其他被介绍人均未成年，周某、朱某未满14周岁）带至浙江省安吉县递铺镇、梅溪镇的多家酒店、宾馆或嫖娼人的住处等场所，介绍卖淫，从中牟取非法利益。其中，刘箴芳介绍卖淫8次，叶某介绍卖淫10次，徐某某介绍卖淫8次，刘某介绍卖淫8次，杜义权介绍卖淫4次，秦某某介绍卖淫2次，陆某介绍卖淫1次，王某介绍卖淫1次。

（二）裁判结果

浙江省安吉县人民检察院以被告人刘箴芳、杜义权、叶某、徐某某、刘某、秦某某、王某、陆某犯介绍卖淫罪提起公诉。安吉县人民法院经审理认为，八名被告人的行为均已构成介绍卖淫罪，其中刘箴芳、杜义权、叶某、徐某某、刘某多次介绍他人卖淫，且介绍未成年人卖淫，情节严重。鉴于杜义权有介绍卖淫的犯罪前科，酌情从重处罚；叶某、徐某某、刘某、秦某某、王某、陆某系未成年人，依法从轻或减轻处罚；刘箴芳、杜义权、叶某、徐某某、刘某、秦某某、王某、陆某均自愿认罪，酌情从轻处罚。依照《中华人民共和国刑法》第三百五十九条第一款，第二十五条第一款，第十七条第一款、第三款，第七十二条第一款、第三款，第七十三条，第五十二条，第五十三条之规定，以介绍卖淫罪对刘箴芳、杜义权分别判处有期徒刑六年，并处罚金人民币一万元;对叶某判处有期徒刑三年，缓刑四年，并处罚金人民币八千元；对徐某某、刘某分别判处有期徒刑三年，缓刑三年六个月，并处罚金人民币八千元；对秦某某判处拘役六个月，缓刑十个月，并处罚金人民币五千元；对王某、陆某分别判处拘役三个月，缓刑六个月，并处罚金人民币三千元。

宣判后，被告人杜义权提出上诉。湖州市中级人民法院经依法审理，裁定驳回上诉，维持原判。判决已经发生法律效力。

（三）典型意义

本案是一起介绍在校学生卖淫的典型案件，在当地造成了一定的社会影响。八名被告人中，除刘箴芳、杜义权已成年外，其他六名被告人均系未成年人。所介绍的十一名卖淫者多为未成年在校女生，部分被介绍卖淫者属于未满14周岁的幼女。对于被介绍卖淫者的年龄，各被告人是知道或者应当知道的。依照刑法规定，介绍卖淫情节严重的，处五年以上有期徒刑，并处罚金。介绍未成年人卖淫，更易腐蚀其心灵，损害其身心发育，社会危害相对更大，构成犯罪的，因此，《关于依法惩治性侵害未成年人犯罪的意见》第26条规定应当从重处罚。安吉县人民法院对刘箴芳、杜义权、叶某、徐某某、刘某五名具有多次介绍他人卖淫、介绍未成年人卖淫等犯罪情节的被告人，认定为“介绍卖淫情节严重”，并对其中两名已经成年且犯罪情节最为严重的刘箴芳、杜义权，分别判处有期徒刑六年，并处罚金人民币一万元，较好地体现了从严惩处性侵害未成年人犯罪的刑事政策。

因本案涉及六名未成年被告人犯罪，在审理过程中，安吉县人民法院充分考虑了以下方面：一是依法通知法律援助中心为未成年被告人指定辩护人，并且通知法定代理人到庭，听取意见，开庭时不公开审理，以保护未成年人的合法权益。二是量刑时，注意贯彻惩罚与教育相结合的原则，对六名未成年被告人依法宣告缓刑，并在宣判的同时对其进行批评教育，依法告知缓刑考验期内应遵守的规定，以利于被告人改过自新。

近年来，类似本案介绍在校学生卖淫的案件在多地均有发生。对于这类案件，除了强调司法机关依法惩处介绍卖淫者外，广大家长和学校也应加强对未成年人的教育、管理，使涉世未深的孩子形成正确的价值观和金钱观，自觉抵制享乐思想的侵蚀，自尊自爱，谨慎交友，切勿为了追求奢靡生活而放纵自己，甚至不惜违法犯罪。只有把教育和预防工作做在前面，才能真正保护未成年人健康成长。

catalogue

1. Li Jishun's rape and child molestation case

2. Dong Qi's rape case

3. Wei Lianzhi's child molestation case

4. Li Peixin's child molestation case

5. Liu Zhenfang and others introduced the prostitution case

1、 Li Jishun's rape and child molestation case

（1） Basic facts of the case

From the first half of 2011 to June 4, 2012, the defendant Li Jishun, while teaching at a village primary school in Wushan County, Gansu Province, took advantage of the young and ignorant, timid and shy weaknesses of the students in the school. He successively killed the victims Wang Moujia, Pan Moujia, Kang Jia, Kang Mouyi, Kang Bing, Yang Jia, Yang Mouyi, Wang Mouyi, Kang Mouding, Liu Moujia, Yang Bing, Kang Mouwu, Yang Ding, Li Moujia, Kang Mouji, Liu Mouyi, Yang Wu, Kang Mougeng, Wei Moujia, Li Mouyi Li Moubing deceived the victims Yang Ji, Pan Mouyi, Yang Geng, Yang Mouxin, and Yang Mouren into committing adultery and molestation in the dormitory, classroom, and forest outside the village. Li Jishun has also repeatedly committed rape and indecency against the same victim or multiple victims at the same time. The 26 victims mentioned above are all young girls aged 4 to 11.

（2） Judgment results

The People's Procuratorate of Tianshui City, Gansu Province has filed a public prosecution against the defendant Li Jishun for rape and child molestation. After trial, the Intermediate People's Court of Tianshui City found that Li Jishun, using his status as a teacher, repeatedly committed rape and indecency against more than 20 young girls under the age of 14 in classrooms and dormitories. His behavior has constituted the crime of rape and child molestation, and should be punished in accordance with the law. Li Jishun's criminal plot is extremely heinous and poses great social harm, and should be severely punished. According to the provisions of Article 236, Article 237, paragraphs 1 and 3, Article 57, paragraph 1, and Article 69 of the Criminal Law of the People's Republic of China, Li Jishun was sentenced to death for rape and deprived of political rights for life; Sentenced to five years in prison for child molestation, sentenced to death and deprived of political rights for life.

After the verdict was pronounced, the defendant Li Jishun appealed. The Higher People's Court of Gansu Province has held a court session in accordance with the law, ruled to dismiss the appeal, upheld the original judgment, and submitted it to the Supreme People's Court for approval in accordance with the law. The Supreme People's Court, after review, found that Li Jishun, using his special status as a teacher, repeatedly committed adultery and indecency against more than 20 young girls under the age of 12. The nature and circumstances of the crime were extremely heinous, causing great harm to society, and the crime was extremely serious. Li Jishun's death sentence was approved in accordance with the law. The criminal Li Jishun has been executed.

（3） Typical significance

The defendant in this case, Li Jishun, as a teacher of the people, has a special responsibility to educate and protect the victims in the case. However, he has used his position as a teacher to repeatedly rape and molest multiple young girls, making his crimes more covert and difficult for the victims to resist and expose; The victim of this case is between the ages of 4 and 11, both of whom are students studying in primary school or preschool. Li Jishun took advantage of the victim's weakness of being young, ignorant, and timid, and used deception to commit crimes on and off campus, severely damaging the physical and mental health of the young girl, with extremely negative social impact; Among the young girls who were violated, there were multiple left behind children in rural areas who, as vulnerable groups, were more vulnerable to crime. Li Jishun committed crimes against them, resulting in even more serious consequences; Li Jishun has repeatedly raped and molested young girls over a year, with a total of 26 people involved, and the criminal circumstances are particularly heinous. Article 25 of the "Opinions on Punishing Sexual Offences against Minors in accordance with the Law" (hereinafter referred to as the "Opinions on Sexual Offences") stipulates: "Those who commit crimes of rape or indecent assault against minors shall be given heavier punishment, and those who have one of the following circumstances shall be punished harshly in accordance with the law: (1) those who have special responsibilities towards minors,..., commit crimes of rape or indecent assault; (4) Rape or indecent assault committed against children under the age of twelve, left behind children in rural areas, or minors with severe disabilities or delayed mental and intellectual development; (5) Indecent to multiple minors, or committing multiple rape or indecent crimes Li Jishun, as a person with special responsibilities towards minors, has repeatedly committed rape and indecent acts against multiple children under the age of twelve and left behind children in rural areas. If he meets the conditions specified in Article 25 (1), (4), and (5) of the Sexual Abuse Opinion, he shall be punished severely in accordance with the law. It is appropriate for the people's court to impose the death penalty on Li Jishun in accordance with the law.

2、 Dong Qi's rape case

（1） Basic facts of the case

At around 0:00 on May 23, 2013, the defendants Dong Qi and Guo (to be dealt with separately) crossed a wall and entered the west campus of a high school in Botou City, Hebei Province, jumping out of a window and entering the girls' dormitory. Dong Qi used violent and coercive methods such as neck pinching, slapping, and verbal threats to remove the clothes of six female victims, Zhang, Zhao, Tian, Wang, Hu, and Wang, and forcibly committed adultery. Among them, in addition to attempting to rape Wang, he also attempted to rape the other five victims. Among the six victims, Wang Moujia has just turned 14 years old, and the other five victims are all under 14 years old.

（2） Judgment results

The People's Procuratorate of Cangzhou City, Hebei Province has filed a public prosecution against the defendant Dong Qi for committing rape. After trial, the Intermediate People's Court of Cangzhou City found that Dong Qi's rape of multiple young girls and the use of violence and coercion to forcibly rape the victim Wang Moujia against the will of women constitute the crime of rape. The charges charged by the prosecution are established. The victims Zhang, Zhao, Tian, Hu, and Wang are all under the age of 14. Dong Qi has continuously committed adultery against the five young girls mentioned above and should be punished severely. But Dong Qi's punishment for the attempted rape of victim Wang Moujia can be compared to a lighter punishment for the accomplished offender. According to the provisions of Article 236 (1), (2), (3) (2), Article 23, and Article 57 (1) of the Criminal Law of the People's Republic of China, the defendant Dong Qi was sentenced to death for the crime of rape, with a two-year suspension of execution and deprivation of political rights for life.

After the verdict was pronounced, there was no appeal or protest within the statutory time limit. After legal review by the Higher People's Court of Hebei Province, it has agreed to approve the original judgment.

（3） Typical significance

This case is a rape crime committed against female students in school, which occurred in a special location and occurred in the dormitory of the school girls. The defendant, Dong Qi, entered the girls' dormitory by climbing over walls and windows, and committed a series of crimes, committing rape against six underage girls. The crime was particularly heinous and the consequences were very serious, seriously affecting the personal safety of the students. According to the provisions of the Criminal Law, those who rape women or have sexual intercourse with multiple young girls shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death. Article 25 of the "Opinions on Punishing Sexual Offences against Minors in accordance with the Law" stipulates: "Those who commit rape or indecent crimes against minors shall be given a heavier punishment, and those who fall under one of the following circumstances shall be given a stricter punishment in accordance with the law:... (2) those who enter the residence of minors or student collective dormitories to commit rape or indecent crimes;" Taking into account the nature, circumstances, and consequences of the crime in this case, The Intermediate People's Court of Cangzhou City sentenced Dong Qi to death with a two-year reprieve and deprived him of political rights for life.

It is worth noting that on the night of the crime, there were more than ten girls in the dormitory where the victim of this case was located, and none of them called for help or resisted during the crime process. During the on duty teacher's room inspection, there were no students calling for help from the teacher, resulting in the failure to detect and prevent the defendant's criminal behavior in a timely manner. The reason for this is related to the fact that the victims are still young and have weak self-protection awareness. This warns parents and schools of minors to increase their education on self-protection awareness, strengthen the construction of school safety facilities and safety supervision measures, and avoid similar tragedies.

3、 Wei Lianzhi's case of child molestation

（1） Basic facts of the case

Since the beginning of 2009, the defendant Wei Lianzhi has repeatedly sexually assaulted Wang (male, 13 years old) in a small forest and temporary residence in a park in Fengtai District, Beijing, using methods such as giving pocket money and touching the victim's genitals. As of December 2013, Wei Lianzhi repeatedly sexually assaulted six other boys, including victims Zhang (male, 11 years old), Xie (male, 12 years old), Yin (male, 11 years old), He (male, 11 years old), Zou (male, 13 years old), and Yuan (male, 12 years old), in his temporary residence and by a small pond in Fengtai District.

（2） Judgment results

The People's Procuratorate of Fengtai District, Beijing has filed a public prosecution against the defendant Wei Lianzhi for the crime of molesting children. After trial, the People's Court of Fengtai District found that Wei Lianzhi repeatedly molested multiple children, infringing on their physical and mental health. His behavior has constituted the crime of molesting children and should be given a heavier punishment according to law. The charges charged by the prosecution are established. Although Wei Lianzhi was able to truthfully confess the facts of the crime, he repeatedly molested multiple children for a long time, many of whom were under the age of 12, seriously damaging the physical and mental health of the children. He should be punished severely according to law. Given the circumstances of his crime and the consequences of social harm, he will not be given a lighter punishment. According to the provisions of Article 237, Paragraph 1, Paragraph 3, and Article 61 of the Criminal Law of the People's Republic of China, Wei Lianzhi was sentenced to five years in prison for the crime of indecent assault on children.

After the verdict was pronounced, there was no appeal or protest within the statutory time limit. The judgment has taken legal effect.

（3） Typical significance

This case is a typical case of molesting a boy in the community. For the crime of indecent assault on children, according to the provisions of the Criminal Law, a heavier punishment shall generally be imposed within the statutory range of imprisonment or detention of not more than five years. In order to refine the situation of severe and severe punishment and reflect the criminal policy of special protection for minors, the "Opinions on Punishing Sexual Offences Against Minors in accordance with the Law" stipulates that those who commit indecent acts against children under the age of 12, molest multiple minors, or commit indecent crimes multiple times should reflect more severe punishment on the basis of severe punishment. In this case, the defendant Wei Lianzhi used small favors to lure and deceive 7 boys for a period of up to 5 years, and repeatedly sexually assaulted them. Among them, 3 victims were under the age of 12, seriously damaging the physical and mental health of the children. Therefore, the court punished them severely in accordance with the law, and sentenced them to a maximum of five years in prison within the statutory punishment range.

During the trial of this case, the defendant Wei Lianzhi and his defense argued that due to his special life experience, Wei Lianzhi had a defensive mentality towards adults and was a pedophile. He was sexually assaulted due to mental illness. The court considered that Wei Lianzhi did indeed confess and repent after committing a crime. In order to help him open his heart and prevent more children from being harmed, a psychological expert was specially invited to provide psychological counseling after the trial. With the patient help of psychological experts, Wei Lianzhi began to face his own problems and stated that during his sentence, he would undergo psychological correction and adjustment according to the methods taught by psychological experts.

The occurrence of this case is not only due to reasons related to the defendant, but also due to the fact that the victim is a minor and has poor awareness of prevention. The serious lack of safety education from parents for their children is also a very important reason. In order to remind parents to provide safety education for their children, prevent and reduce the occurrence of such cases, the presiding judge of this case sent a "Letter to Parents" to the parents. Based on the characteristics of the child molestation case, targeted suggestions were made to parents, and multiple media outlets reported on this case and the series of extension activities carried out, achieving good legal publicity and publicity effects.

4、 Li Peixin's child molestation case

（1） Basic facts of the case

Since August 2011, the defendant Li Peixin took advantage of his wife Zhang's absence and repeatedly used threats, lures, and other means to touch her breasts, genitals, and other means to sexually assault her stepdaughter He (the victim, who was 10 years old at the time) in her residence in Huadu District, Guangzhou City, Guangdong Province. On May 17, 2013, public security personnel arrested Li Peixin at his home.

（2） Judgment results

The People's Procuratorate of Huadu District, Guangzhou City, Guangdong Province has filed a public prosecution against the defendant Li Peixin for the crime of child molestation. After trial, the People's Court of Huadu District believes that Li Peixin has repeatedly molested children through threats and deception, and his behavior has constituted the crime of child molestation. According to law, he should be punished with a sentencing range of not more than five years of imprisonment or criminal detention. Based on the specific circumstances, harmful consequences, and confession attitude of Li Peixin's crime, in accordance with the provisions of Article 237 (1) and (3) of the Criminal Law of the People's Republic of China, Li Peixin is sentenced to three years in prison for the crime of molesting children.

After the verdict was pronounced, there was no appeal or protest within the statutory time limit. The judgment has taken legal effect.

（3） Typical significance

This case is a typical case of a stepfather molesting an underage stepdaughter. Minors are in a special period of physiological and psychological development, with poor ability to distinguish right from wrong and self-protection. They often do not know or dare not resist illegal infringement, and are prone to becoming the target of sexual assault. Especially those who have a common family life relationship with minors, due to their convenient access to minors and their advantageous position or even dominant relationship in terms of material and living conditions, committing sexual assault crimes is more covert and usually lasts longer, making it more difficult for juvenile victims to resist and expose to relevant departments, resulting in greater social harm. Therefore, Article 25 of the "Opinions on Punishing Sexual Offences against Minors in accordance with the Law" stipulates that individuals who have a common family life relationship with minors who commit rape or indecency crimes shall be severely punished in accordance with the law. In this case, the defendant Li Peixin registered marriage with Zhang, the mother of He, and formed a common family life relationship with He. He not only failed to fulfill his due protective duties, but also sexually assaulted his 10-year-old stepdaughter, which is not allowed by law and seriously violates human ethics. Considering that Li Peixin was able to voluntarily confess and repent after being brought to justice, the court sentenced him to three years in prison in accordance with the law.

5、 Liu Zhenfang and others introduced the prostitution case

（1） Basic facts of the case

During the summer vacation of 2012 until the end of April 2013, eight defendants, including Liu Zhenfang, Du Yiquan, Ye, Xu, Liu, Qin, Wang, and Lu, formed separate or cross collaborations and made agreements with the prostitutes over the phone. After multiple attempts to contact Zhou, Zhu, Xu, Wang, Shen, Chen, Lu, Huang, Zhuang, and Li Eleven people including Lu (except for Lu, all other introduced individuals are underage, and Zhou and Zhu are under the age of 14) were brought to multiple hotels, guesthouses, or the homes of prostitutes in Dipu Town and Meixi Town, Anji County, Zhejiang Province, to introduce prostitution and seek illegal benefits. Among them, Liu Zhenfang introduced prostitution 8 times, Ye introduced prostitution 10 times, Xu introduced prostitution 8 times, Liu introduced prostitution 8 times, Du Yiquan introduced prostitution 4 times, Qin introduced prostitution 2 times, Lu introduced prostitution 1 time, and Wang introduced prostitution 1 time.

（2） Judgment results

The People's Procuratorate of Anji County, Zhejiang Province has filed a public prosecution against defendants Liu Zhenfang, Du Yiquan, Ye, Xu, Liu, Qin, Wang, and Lu for introducing prostitution. After trial, the Anji County People's Court found that the actions of the eight defendants all constituted the crime of introducing prostitution. Among them, Liu Zhenfang, Du Yiquan, Ye, Xu, and Liu repeatedly introduced others to engage in prostitution, and also introduced minors to engage in prostitution, with serious circumstances. Given that Du Yiquan has a criminal record of introducing prostitution, he will be given a heavier punishment as appropriate; Ye, Xu, Liu, Qin, Wang, and Lu, who are minors, shall be given a lighter or mitigated punishment in accordance with the law; Liu Zhenfang, Du Yiquan, Ye, Xu, Liu, Qin, Wang, and Lu all voluntarily plead guilty and receive lenient punishment as appropriate. According to the provisions of Article 359, Paragraph 1, Article 25, Paragraph 1, Article 17, Paragraphs 1 and 3, Article 72, Paragraph 1 and 3, Article 73, Article 52, and Article 53 of the Criminal Law of the People's Republic of China, Liu Zhenfang and Du Yiquan are respectively sentenced to six years in prison and fined RMB 10000 for the crime of introducing prostitution; Sentenced Ye to three years in prison, suspended for four years, and fined RMB 8000; Xu and Liu were sentenced to three years in prison, suspended for three years and six months, and fined RMB 8000; Qin was sentenced to six months of detention, suspended for ten months, and fined RMB 5000; Wang and Lu were each sentenced to three months of detention, suspended for six months, and fined RMB 3000.

After the verdict was pronounced, the defendant Du Yiquan appealed. The Intermediate People's Court of Huzhou City has ruled in accordance with the law to dismiss the appeal and uphold the original judgment. The judgment has taken legal effect.

（3） Typical significance

This case is a typical case of prostitution among school students, which has had a certain social impact in the local area. Among the eight defendants, except for Liu Zhenfang and Du Yiquan who have reached adulthood, the other six defendants are all minors. The eleven prostitutes introduced were mostly underage female students in school, and some of the introduced prostitutes belonged to young girls under the age of 14. Each defendant knows or should know the age of the introduced prostitute. According to the provisions of the Criminal Law, those who introduce prostitution in serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined. Introducing the prostitution of minors is more likely to corrode their minds, damage their physical and mental development, pose relatively greater social harm, and constitute a crime. Therefore, Article 26 of the "Opinions on Punishing Sexual Offences against Minors in accordance with the Law" stipulates that heavier punishment should be given. The Anji County People's Court has identified five defendants, Liu Zhenfang, Du Yiquan, Ye, Xu, and Liu, who have committed multiple crimes such as introducing others to engage in prostitution or minors to engage in prostitution, as "serious cases of introducing prostitution". Two of them, Liu Zhenfang and Du Yiquan, who have reached adulthood and have committed the most serious crimes, have been sentenced to six years in prison and fined RMB 10000, respectively, This better reflects the criminal policy of severely punishing crimes of sexual assault on minors.

Due to the involvement of six juvenile defendants in this case, the Anji County People's Court fully considered the following aspects during the trial: firstly, the legal aid center was notified in accordance with the law to designate a defender for the juvenile defendants, and the legal representative was notified to appear in court to listen to opinions. The trial was held in private to protect the legitimate rights and interests of minors. Secondly, when sentencing, attention should be paid to the principle of combining punishment and education. Six juvenile defendants should be declared suspended in accordance with the law, and at the same time, criticism and education should be given to them. The regulations that should be followed during the probation period should be informed in accordance with the law, in order to facilitate the defendants' rehabilitation.

In recent years, similar cases of prostitution among school students as described in this case have occurred in multiple places. For such cases, in addition to emphasizing the legal punishment of those who introduce prostitution by the judicial authorities, parents and schools should also strengthen the education and management of minors, so that children who are not deeply involved in the world can form correct values and money views, consciously resist the erosion of hedonism, have self-esteem and love, be cautious in making friends, and not indulge themselves in pursuit of extravagant life, or even commit illegal crimes. Only by prioritizing education and prevention can we truly protect the healthy growth of minors.