标题: louboutin the legal basis [打印本页] 作者: h7li9g5ru 时间: 2015-10-19 18:42:22 标题: louboutin the legal basis
(Reporter Pei Xiaolan) yesterday, Anhui, Li Rui-Rui Ji petition woman was raped in Juyuan Hotel case, the final sentence in the Second City Court. Opinions protest against the prosecution, the hospital pointed out an error in the first instance verdict did invoke the statute regard, but in view of the judgment of the entity does not have a substantial impact, directly corrected. Accordingly the court upheld the first instance verdict, Xu Final rapist jailed for eight years.
Second Intermediate Court in its judgment in the identification, the first instance court found that Li Rui-Rui Xu rape, and to cause some economic damage Li facts are correct. Xu public in a public place and forced to have sex with women, his behavior constituted the crime of rape, punishable by law. To protest the prosecution of the views, opinions and appeals Xu Li Rui-Rui views on the civil part of the appeal, the judgment were not adopted. Accordingly, the raping of Li Rui-Rui obtain 2300.9 yuan compensation.
Xu said he was not for rape is a crime and the grounds of appeal to suspend themselves in public places, the court held that the facts and evidence do not match, it shall not be accepted and supported. For appellate opinions lawyer Li Rui-Rui Li Ying proposed civil compensation, the court held that, Li Rui-Rui seeks compensation for psychological treatment costs and spirit of solatium not material damage is not within the scope of compensation of criminal incidental civil action, no legal basis, the Court It does not support.
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Second Intermediate Court concluded that, based on the fact that the Court of First Instance judgment Xu crime, the nature,hogan prezzi, circumstances and the degree of harm to society made,giuseppe zanotti pas cher, accurate conviction, sentencing appropriate, legal proceedings, should be maintained.
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Raping should be sentenced
Protest grounds and review comments Fengtai city seized the second branch of the Prosecutor's Office, is that the first instance of error of law,boutique adidas, to Xu sentencing abnormal light.
Fengtai Procuratorate noted Xu raping women in public places, according to the law should be recognized that it belongs Aggravated rape, carried out in more than 10 years in prison penalty; their behavior seriously harmful to society,occhiali da sole, not due to active repentance and surrender, but Under public pressure forced to surrender, according to the law should reduce the punishment.
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Xu after the crime can automatically surrendered, truthfully confessed his crime, Department of surrender, be it mitigated punishment. Xu Court of First Instance considered in conjunction with the Department surrendered the specific case of Xu mitigated punishment according to law, the sentence was not inappropriate,bracciali tiffany, to protest the prosecution's grounds and review comments, the court was not supported.
However, the Court of First Instance indeed an error in invoking the statute regard, but in view of the judgment of the entity does not have a substantial impact on the court directly be corrected.
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Two interlocutory judgment changes
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When the first instance verdict, Fengtai court cited the "Criminal Law" 236, paragraph 1,piumini peuterey outlet, Xu conduct penalty, which stipulates that, by violence, coercion or other means rapes a woman,porsche design occhiali da sole, at least 3 years to 10 years imprisonment. Prosecutors at the protest that the verdict error of law, the provisions of Article 236 shall paragraph 3 of Article 3 "Criminal Law" will be punished, that raping women in public places, and at least 10 years in prison, life imprisonment, or death. The Second Intermediate People's Court of Final Appeal ruling, the first instance verdict to correct the error, according to the "Criminal Law" Article 236, paragraph 3, subparagraph 3.
■ case playback
The evening of August 3 last year, when Li Rui-Rui Fuyang Jieshou City, went to Beijing,cinture d, was Beijing Jieshou do the responsible person brought to the Fengtai District Juyuan Hotel room Tongbai County, Henan Province Liaison Office in Beijing Petition rented . The next day at 2 pm, in the case of more people who stay in the house, Li Rui-Rui was hired by the Beijing Office Tongbai County guarding officer Xu violent rape. August 11, Xu surrendered to the police in the country of origin.
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Last December 11, Fengtai Court of First Instance sentenced for rape to 8 years imprisonment Xu, Li Rui-Rui 2300.9 yuan compensation for the loss. After the verdict, Xu and Li Rui-Rui appeal,golden goose sneakers mid star, Fengtai Procuratorate also filed on December 18 protest, pointing out an error of law applicable to the first instance verdict, sentencing abnormal light to Xu.
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Li Rui-Rui after marrying a fellow, the man did not know that she insulted the issue.
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