Full Li Tianyi verdict pronouncement from the Beijing courts.

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Beijing's Haidian district court juvenile case courtroom hereby announces the verdict in the rape case of "Li XX, Wang X, Wei XX (elder brother) Zhang XX, and Wei XX (younger bother). Because the written opinion is quite long, this announcement will only announce the facts verified through trial, the reasons for the judgment, the result and other import contents, and will not be a complete reading of the opinion.

Trial has ascertained: at midnight on February 17, 2013 , the defendants Li XX, Wang X, Wei XX (elder), Zhang XX, Wei XX (younger); together with Li X, went to a basement nightclub at #35 Chengfu road's Dongyuan building to buy and drink alcohol; and a bar server named Zhang arranged for the victim Yang XX and Xu XX to drink, sing, and play games with them. At about 3:30 a.m, Yang XX, in a drunken state, was accompanied by the bar server Zhang in boarding a car driven by the older Wei, successively going to the Jing bin restaurant in the Jinyuan era shopping center in Haidian and the RenjiShanzhuang underground parking lot. Later, Li X and the server X left first for some reason, and the others then left in the car drive by the older Wei. The way, Zhang Yang Moumou found waiter is not, get off at the requested leave after being refused shouting kicking and struggled, but was held down, controlled and beaten. At about 5:50, the five defendants took Yang XX to the Hubei Building in Haidian district. The older Wei used some else's ID card to check in, entered the room with Zhang XX first. Li XX then, with Wang X and the younger Wei XX, took Yang XX through the hotel lobby and into the elevator. During this time, Li XX tightly held Yang XX's arm, pulling Yang XX forward, with Wang X on the other side helping to control. Inside the elevator, Li XX bopped Yang XX on her head. After Yang XX was pulled by Li XX into the the hotel room, Li XX requested she remove her clothes, and after she refused, was stuck and kicked by Li XX, Wang X and the others, and had her clothes forcibly removed. After that, Li XX, Wang X, the older Wei, Zhang XX, and the younger Wei each in turn forcibly had sexual relations with Yang XX. During this period some defendants exhibited indecent conduct. Later, Li XX and the older Wei took out 2000 RMB and gave it to Yang XX. At about 7:30, the five defendants took Yang XX out of the Hubei building and released Yang XX on route. Upon appraisal in accordance with law, subcutaneous bleeding (absorption phase) could be seen above Yang XX's left eye, on her nose, and on her left and right forehead; with the degree of physical injury being slight. On February 21, at about 1:00 AM, Li XX, Wang X, the older Wei and the younger Wei were taken in by the public security organs. That day at about 2:00, with the older Wei's assistance, the public security organs brought in Zhang XX.

This court finds that: the defendants Li XX, Wang X, Wei XX (older), Zhang XX and Wei XX (younger), jointly used violent means to force rape a women against he will, and that this conduct constitutes the crime of rape. The facts are clear and the evidence credible and sufficient as to the Beijing Haidian district procuratorate's allegations of rape against the five defendants, and the charge is established. The five defendants conduct is group rape, and has caused the victim physical and psychological harm, with heinous character and great harm to society, and should be punished in accordance with law. The indecent behavior towards the defendant during the commission of the crime, should be viewed conduct accompanying the entire rape and considered during sentencing. {End Section @京法网事}

In this case, the 5 defendants all actively and directly committed rape against the victim, therefore the court cannot accept the defense suggestion the elder Wei, Zhang XX and the younger Wei only played a secondary and auxillary role in the joint crime and are accomplices. However, every defendant's role in the joint offense is different, and considering all circumstances of this case and the specific circumstances of the defendant's crimes, this court, in accordance with the policy of blending severity with leniency, has made distinctions in sentencing.

In sum, in accordance with Article 236, clause 3(4); J Page, clauses 1-3 of Article 17; the first clause of Article 25; the first clause of article 55; the first clause of article 56; article 51; the third clause of article 67; article 68; and the first clause of article 72 and the second and third clauses of article 73 of the Criminal Law of the PRC;

and the provisions of article 11 of the 'Supreme People's Court Interpretation on Several Issues Regarding the Specific Law Used in Trial of Juveniles in Criminal Cases', this court rules as follows:

1, Defendant Li XX has committed the crime of rape and is sentenced to 10 years imprisonment.

2, Defendant Wang X has committed the crime of rape and is sentenced to 12 years imprisonment, and 2 years deprivation of political rights.

3, The defendant Wei XX (elder brother) has committed the crime of rape, and is sentenced to 4 years imprisonment.

4, the defendant Zhang XX has committed the crime of rape and is sentenced to 3 years imprisonment and 5 years suspended sentence.

5, the defendant Wei XX (younger brother) has committed the crime of rape and is sentenced to three year imprisonment and 3 years suspended sentence.

If unpersuaded by this judgment, an appeal may be raised within 10 days of the second day after receiving this judgment, made either through this court or directly to the Beijing First Intermediate Court. 书面上诉的 ,应当提交 上诉状正本一份, iiJ本六份。 {End Section @京法网事}

As to the comments, defenses and explanations raised by the defendants, their legally-designated representatives and defenders regarding the facts of this case, whether there was a crime and the severity of the crime; this court makes the following judgments and assessment of evidence.

 

First, whether there are issues of procedural violations like illegal evidence in this case. Looking at the application for exclusion of illegal evidence submitted by the defense, this court finds upon investigation, that the five defendants' confessions from the investigation phase all have simultaneous recordings proving them, and further, when the juvenile defendants made confessions they all had their legally-designated representative or an adult relative at the scene who signed confirmations; the process of evidence collection by the investigative organs were legal, and there are no circumstances of "use of corporal punishments or concealed corporal punishment" as provided for in article 95 of 'the "SPC's interpretation on application of the ;PRC Criminal Procedure Law'" , nor was their use torture to coerce confessions making the defendants experience severe physical or psychological pain so as to compel them to make involuntary confessions, or any other circumstances of illegal evidence gathering. As for the investigators citation of the law, explanations of polices, summarization of statements, and other language during the course of interrogation, is neither coercive or illegally enticement of confession. There is no cause for the exclusion of illegal evidence in this case, so the defense's application for the exclusion of illegal evidence is not supported. As to the defendant's request to view portions of the simultaneous recording materials of the defendant's confessions not yet shown in court, this court finds that their content is not within the scope of investigation for exclusion of illegal evidence, and there is no need to collect and review them. As to the issue raised by defendant Wei XX (the younger), his legally-designated representative, and defender that the his legally-designated representative was not present at the first interrogation of defendant Wei (younger), this court has determined through verification that Wei's legally-designated representative was travelling at that time, and that the public security organs therefore notified Wei's other adult relatives to be present at the time, in compliance with the first clause of article 270 of the 'PRC Criminal Procedure Law' , sufficiently protecting the juvenile defendant's relevant rights. As to the defense's submission that the interrogation record and simultaneous recording are not consistent, this court has ascertained the facts in accordance with the simultaneous interrogation recordings and confessions actually made in court, take together with all other evidence. As to the defendants submission of the issue of the victim appearing in court, because this case already has several written statements by the defendant, in which the content is clear and specific, sufficient to ascertain case facts together with other evidence, and therefore, in accordance with legal provisions, this court finds that the victim's having not appeared after being notified does not influence the in-court proceedings. In summary, the present case has not issues of procedural violations such as illegal evidence.

Second, whether the five accused had sexual relations with the victim. The evidence in this case is sufficient to prove that the five defendants all had sexual relations with the victim. (1) The victim made repeated statements clearly testifying that the five defendants all successively had sexual relations with her. (2) The physical evidence forensic evaluation report confirms that the victim's underwear had several areas of stains left by a mix of both Wei XX (younger) and Wang X's semen. (3) The testimony of Witness Li X [not the defendant] that after the incident, defendant Li X described to him that the five defendants had group raped the victim, and this fact was corroborated by the in-court confession of Wei XX (elder). (4) The five defendants previously confessed during the investigation phase that they saw the other defendants in the case having sexual relations with the victim, and that some of the defendants exhibited indecent conduct. (5) The five defendants all previously confessed that they had sexual relations with the victim themselves, and some admitted that they performed indecent acts. The prosecution organs presented confessions of guilt from the five defendants, in which the content is clear and specific; not only are they mutually corroborative, but they essentially overlap with the victim's statements and the description of witness Li X, especially as to the order in which the defendants had sex, the process, each defendant's position, actions and words, and other important facts; the content is specific, consistent and sufficient for verification.

Third, whether the defendants in the case were violent towards the victim. The evidence in this case is sufficient to prove that several of the defendants jointly acted violently towards the victim. (1) The victim stated that she was held down and beaten in the car by Li XX, Wang X and others, was dragged by Li XX while entering the hotel room, and was beaten by several defendants in the room and also had her clothes forcibly removed. (2) The Hubei building surveillance video shows that in the elevator, Li XX struck the victim's head; and that in the course of entering the room, Li XX suddenly yanked the victim; while leaving the room and going to the elevator the victim was pulled. (3) Several witnesses confirmed that after the incident the victim had wounds on her face: the testimony and diagnostic proofs from doctors at the Third Hospital of Beijing University corroborates the victim's statements on being beaten and raped. (4) Photos of the victim's injuries, and the reports from the public security forensic-medicine inspections and evaluation , confirm that the injuries to the victim's person coincide with her statements on the manner, means, locations and process by which she was hit on the face and kicked in the head . (5) The witness Li X proved that, after the incident, the defendant Li XX told him that he had beaten the victim. (6) The majority of the defendants previously said that Li XX and Wang X performed violent acts against the victim such as hitting and kicking her. Some of the defendants said that they saw the victim's face was red and swollen after being beaten. The above are not only mutually corroborative, but also basically align with the victim's statements, there is objective evidence behind it, sufficient for verification.

 

Fourth, were sexual relations in violation of the victim's will. The evidence in this case is sufficient to prove that the defendants' sexual relations with the victim were in violation of her actual will. .(1) The victim clearly said many times that she was unwilling to go with the five defendants to open a room, and on the road looking for the hotel and during the process of exiting the car and going to the room, she pleaded with them to let her leave, and said that she was unwilling to have sexual relations with the five defendants. (2) surveillance videos show that the victim was pulled into the hotel lobby, the elevator and toward the room; and that she leaned backward indicating that she was unwilling to move forward in the hallways, proving the victim's statements. (3) The five defendants' statements and the testimony of the witnesses Zhang XX and Li X shows, and the bar surveillance videos demonstrates, that the victim was already in a drunken state when she entered the private room in the bar, and that after she discovered that Zhang, the bar server, was not present, there was a huge change in her conduct, confirming that she was unwilling to be alone with the five defendants. .(4) Some of the defendants' confessions and the victim's statement all verify that after sexual relations occurred, the victim struck the television cabinet or the wall with her head, a characteristic reaction to having been forced into sexual relations. (5) The witness Li X's testimony shows that when he questioned whether the was willing to have sexual relations, Li XX said that "if she didn't let us we we'd hit her" and also said that Wang X and others hit the victim. (6) The defendant's all confessed the fact that inside the hotel room, the victim was unwilling to remove her clothes and that they were forcibly removed after she ducked into a corner. The above facts are sufficient to prove that the victim had sexual relations in violation of her will .

As to the defense's justifications and defense comments that the victim Yang XX bears fault in this case, this court finds that the evidence in this case is insufficient to determine that the victim bears fault. (1) There is no direct cause and effect relationship between bar hostessing and having sexual relations, and the victim's hostessing conduct cannot be said to have enticed the defendants to rape. (2) Although Zhang, the bar server, found the victim to accompany some of the defendants in drinking, and some of the defendants stated that Zhang hinted to them that the victim might 'do it', this cannot be the basis for assuming the victim had fault. (3) The content of the victim's statement's regarding the basic facts of the case are consistent, and corroborated by other evidence. As to her statements as to whether or not she was a bar hostess, or whether or not she was a virgin, these are withdrawn as issues of personal privacy, that do not influence the verification of facts in this case, and speak even less to whether or not fault of the victim caused this case to occur. The court does not accept this justification and defense opinion. {End Section @京法网事}

 

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