The “Ali Female Employee Case” has come to an end for now. On June 22, the People’s Court of Huaiyin District, Jinan City announced that the first instance of the defendant Zhang Guo’s forced indecency case was publicly pronounced in accordance with the law, and the defendant Zhang Guo was sentenced to one year and six months in prison for the crime of forced indecency. Zhang Guo’s wife and lawyer revealed that they had filed an appeal in court against the verdict.
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It is worth mentioning that,Another man in the case, Wang Mouwen, the boss of female employee Zhou Mou, was not sentenced.
On August 14, 2021, the Jinan Public Security Bureau Huaiyin District Bureau announced that both Wang Mouwen and Zhang Mou were suspected of forced indecency. Among them, Wang Mouwen entered Zhou’s hotel room four times and confronted Zhou for the second time. A person committed forced lewd behavior and bought condoms.
After that, on September 6, the Huaiyin District Bureau of Jinan Public Security Bureau announced again that in accordance with the decision of the People’s Procuratorate of Huaiyin District of Jinan City not to approve the arrest, the investigation of Wang Mouwen was terminated in accordance with the law, and the investigation of Wang Mouwen was terminated in accordance with Article 1 of the “Public Security Administration Punishment Law of the People’s Republic of China”. Article 44 stipulates that Wang Mouwen should be sentenced to 15 days of public security detention.
Also suspected of forced indecency, why is the punishment so different?
According to Red Star News, Sun Ke, a lawyer at Beijing Jingshi (Tongzhou) Law Firm, pointed out:“Wang Mouwen’s decision not to be arrested was made by the prosecution under the pressure of public opinion after obtaining a large amount of evidence from the visit.”
In view of the overall statement of the prosecution,Wang Mouwen did commit the act of molesting a female employee, but his forced molesting behavior did not reach the seriousness of the crime, while Zhang Mouwen’s forced molestation had reached the serious level of the crime, so Wang Mouwen was only detained by the public security 15 On the same day, Zhang was sentenced.
In addition, Lan Lan Bin, a partner and lawyer of Jiangsu Fade Dongheng Law Firm, believes that,Zhang was sentenced to one year and six months in accordance with the crime of forced indecency, which is not very serious. In particular, Zhang had two indecent acts, and one of them was near the front desk of the restaurant, suspected of committing indecent acts in public places.
Explanation of the term: indecent crime——
It refers to the crime that the perpetrator uses violence, threats or other means to violate the will of others and forcefully molest others.
Common obscene behaviors include groping, cuddling, sodomy, etc., which can occur between the opposite sex and between the same sex. Under normal circumstances, sexual intercourse is not included. The object of crime does not include males, so molesting males can include adultery.
Article 237 of the Criminal Law of the People’s Republic of China: “Whoever uses violence, coercion or other methods to forcefully molest others or insult women shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Whoever gathers a crowd or commits the crime in the preceding paragraph in public in a public place shall be sentenced to imprisonment for not more than five years. , or other vile circumstances, shall be sentenced to fixed-term imprisonment of not less than five years. Those who molest children shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs.”
(1) If the circumstances of forcibly indecently molesting or insulting women are ordinary, it shall be criminal detention for six months;
(2) Whoever uses coercion or other methods to forcefully molest or insult a woman shall be sentenced to six months in prison;
(3) Whoever uses violence to forcefully molest or insult a woman shall be sentenced to one year in prison;
(4) For forcibly molesting or insulting the same woman, the sentence will be increased by three months for each additional time;
(5) For each additional person who forcibly molests or insults a woman, the sentence is increased by six months.