A man in Hunan introduced a number of minors and was sentenced to 1 year and 4 months in prison. The victim's family questioned that the sentence was too light.

↑ One of the places involved in this case is "Good Voice ktv". The picture shows a screenshot of the video.

Red Star Journalist | Intern Liu | Kyle from Hunan

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According to a criminal judgment made by the People's Court of ningyuan county, Hunan Province, since July last year, the defendant Chen Tao has been sentenced to one year and four months in prison for seeking illegal benefits, committing the crime of introducing prostitution and organizing minors to engage in activities violating public security management.

According to relevant judicial documents, the victim in this case, Chen Moumou, was under 14 years old when he was introduced to have sex with others. Chen's grandfather thought the court's sentence was "too light". According to the recorded evidence in Chen Mou's possession, Chen Tao's family claimed that they spent more than 200,000 yuan in the local judicial organs to obtain minor crimes in Chen Tao.

Chen Mou said that he had reflected the relevant clues to the Supervision Committee of Yongzhou Municipal Commission for Discipline Inspection. The office of ningyuan county People's Court said that they had not received the relevant report. Yongzhou Municipal Commission for Discipline Inspection and Supervision Bureau reported that the telephone staff responded to Red Star News, and the problems reflected in the recorded content were within the scope of acceptance by the Commission for Discipline Inspection and Supervision, and they will strictly investigate this report clue.

Criminal judgment, Chen Tao.

Introduce a number of paid escorts for minors.

Hunan man was sentenced to 1 year for 4 months.

The criminal judgmentNo. Xiang 1 126 made by the People's Court of ningyuan county, Hunan Province, recorded the basic context of this case.

Defendant Chen Tao, nicknamed "Pangpang", male,/kloc-0, born in February 1992, has a junior high school education and is unemployed. Born in Shi Shui Village, Shi Shui Town, ningyuan county, Hunan Province. Chen Tao was criminally detained by ningyuan county Public Security Bureau on August 26th, 20021on suspicion of introducing prostitution. On September 28th, he was arrested with the approval of ningyuan county People's Procuratorate, and on the same day, he was arrested with the approval of ningyuan county Public Security Bureau.

The People's Procuratorate of ningyuan county, Hunan Province, charged the defendant Chen Tao with the crime of introducing prostitution and organizing minors to engage in activities violating public security management with the indictment No.494 of Yongning Criminal Inspection "202 1", and filed a public prosecution with the People's Court of ningyuan county. After accepting the case on February 20th, 200211,our hospital applied summary procedure according to law and conducted a separate trial. The case involves personal privacy and is not heard in public.

The facts of the crime of introducing prostitution accused by the procuratorate are as follows: Since July, 20021,the defendant introduced Ou Moumou, Chen Moumou and others to engage in prostitution in major hotels in ningyuan county city for illegal benefits. Chen Tao charges 70- 150 yuan for introducing prostitutes.

The facts of the crime of "organizing minors to engage in activities violating the administration of public security" accused by the procuratorate are as follows: Since July, 20021,the defendant has organized minors such as Ou Moumou, Chen Moumou, Ye Moumou and Yang Moumou to be paid escorts in KTV and bars in ningyuan county Good Voice, Milan and exotic places. Defendant Chen Tao made an illegal profit of 6,000 yuan.

On August 26th, 20021year, the defendant Chen Tao was arrested and brought to justice, and truthfully confessed the facts of the crime after arriving at the case. The public prosecution agency believes that the defendant Chen Tao introduced prostitution and organized paid escorts for minors, which violated the provisions of the first paragraph of Article 359 and Article 262 bis of the Criminal Law of People's Republic of China (PRC). If the facts of the crime are clear and the evidence is true and sufficient, the criminal responsibility should be investigated for the crime of introducing prostitution and organizing minors to violate public security management activities.

On February 28th, 2002112, the people's court of ningyuan county made the following judgment on this case: defendant Chen Tao was convicted of introducing prostitution, sentenced to one year and two months' imprisonment and fined RMB 5,000; He was convicted of organizing minors to engage in activities violating the administration of public security, sentenced to six months in prison and fined RMB 3,000. He was sentenced to one year and four months in prison and fined RMB 8,000.

Chen Tao's sentence shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from August 26th, 2002/KLOC-0 to February 25th, 2022.

Criminal judgment, Chen Tao.

Many minors are involved.

The victim's family questioned "the sentence is too light"

Defender Chen Tao's defense opinions include the following two items: 1. Defendant Chen Tao passively accepted the demands of minors in both cases, introduced them to prostitution clues and paid escort, so he should consider a lighter punishment. 2. Defendant Chen Tao is a first-time offender.

Ningyuan county People's Court does not support these two defense opinions on the grounds that: 1. After investigation, it is inconsistent with the facts and jurisprudence, and our hospital will not support it. 2. After investigation, the defendant Chen Tao has committed many crimes for a long time, and one count of crimes should not be considered as the first offense.

At the same time, the ningyuan county Procuratorate believes that according to Article 15 of the Criminal Procedure Law of People's Republic of China (PRC), the defendant Chen Tao can be treated leniently. According to the judgment, Chen Tao, the defendant, had no objection to the alleged facts, charges and sentencing suggestions, agreed to apply the summary procedure and signed the judgment, and there was no objection during the trial.

The grandfather of the victim in this case told Red Star News that Chen's parents divorced, his father worked in Guangdong for a long time, and Chen was taken care of by him and his wife. Chen Cai 13 was cheated in 2020. Chen Mou didn't know the defendant Chen Tao in this case.

"My granddaughter is in a poor mental state now, crying and committing suicide all day. It can be said that her life is ruined. I don't understand, how can Chen Can Tao get such a light sentence for hurting so many minors? " Chen Mou said that at present, the local women's Federation has not expressed condolences to Chen.

Another indictment provided by Chen Mou shows that Chen Jing was under 14 years old when he introduced sexual relations with others. The indictment was made on June 26th, 65438, Yongning 26th. According to the indictment, on July 5th, 20021,the defendant was introduced, knowing that Chen Mou was a minor under the age of 14, and still had sex with Chen Mou at the price of 500 yuan in Room 60 1 of ningyuan county Mingcheng Hotel.

Some time ago, he was prosecuted for alleged rape.

According to the indictment No.26 of Yongning Criminal Prosecution, the defendant Zeng, male, was born on July 29th, 198 1, a junior high school student with a major in culture and business, and a native of Hebao Town, Rongchang District, Chongqing. He was sentenced to two years' imprisonment by Wenling People's Court of Zhejiang Province on October 29th, 2065/KLOC-0. Suspected of rape, he was detained by ningyuan county Public Security Bureau on July 26th, 2022, arrested with the approval of our hospital on July 26th, 2022, and arrested by ningyuan county Public Security Bureau on the same day.

According to the indictment, on July 7th, 20021,the defendant made a one-time transaction with Chen Mou at the price of 600 yuan in ningyuan county Mingcheng Hotel. The prosecution filed a public prosecution with the ningyuan county People's Court for rape.

Chen Mou was born in ningyuan county People's Court and received a notice to participate in the proceedings. As a victim, Chen was told that he had the right to file a criminal incidental civil action according to law.

Recording provided by the victim's family:

The defendant claimed that it took him more than 200,000 yuan to get a lighter sentence.

Chen Mou said that Chen Tao was about to be released from prison. "I am very worried now, and I will be given a lighter punishment before." It provided a recording with Chen Tao's sister, showing that Chen Tao's family spent more than 200,000 yuan in the local area to get a lighter sentence for Chen Tao. Chen Mou's telephone number176 * * * * * is currently out of service, so Red Star journalists can't get in touch with Chen Tao's family.

In this recording of 13 minutes, Chen Tao's sister said that the family spent 60,000 yuan on legal fees and 200,000 yuan to find the relationship between the procuratorate and the court in the local area. "When the relationship is in place and the money is in place, go to the procuratorate and then go to the court." According to the recording, the action changed Chen Tao from a felony that should have been sentenced to at least five years to a misdemeanor. "If it is a crime, he would have been released on bail. We spent so much money, but it took too long. There is no way to be underage. "

Article 359 of the Criminal Law "The crime of luring, sheltering and introducing prostitution; The contents of the crime of luring young girls into prostitution are: whoever lures, shelters or introduces others into prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined. Whoever lures a young girl under the age of 14 into prostitution shall be sentenced to fixed-term imprisonment of not less than five years and fined.

Tang, a senior legal expert, told Red Star News that in this law, "luring" a young girl under the age of 14 is an aggravating circumstance, but it is not clearly stipulated that "introduction" is an aggravating circumstance.

Article 262 of the Criminal Law "crime of trafficking in children; Crime of organizing the disabled and children to beg; The content of the crime of organizing minors to engage in activities violating public security management is: whoever abducts minors under the age of 14 and leaves their families or guardians shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Article 358 of the Criminal Law "Crime of organizing prostitution; Crime of forced prostitution; The contents of the crime of assisting in organizing prostitution are as follows: those who organize or force others to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Whoever organizes or forces minors to engage in prostitution shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

Tang believes that combining with the analysis of existing evidence, it is worthy of attention whether pedestrians in this case organize prostitution or introduce prostitution.

In terms of constitutive requirements, the crime of organizing prostitution requires more than three people to constitute a crime, while the crime of introducing prostitution requires more than two people to constitute a crime. "According to the existing judgment, Chen Tao not only constitutes the crime of introducing prostitution, but also constitutes the crime of organizing minors to carry out illegal public security management activities. The latter crime also involves many minors. Therefore, it is necessary to thoroughly examine whether Chen Tao only introduces or organizes prostitution activities, and whether the prostitution of the relevant personnel in this case is coercion or temptation. "

Tang believes that whether the crime of organizing prostitution is deliberately divided into two misdemeanors: the crime of introducing prostitution and the crime of organizing minors to violate public security management, or whether the law is applied according to law after strict examination of legal facts, is worthy of careful review and judgment.

Chen Mou has reported relevant issues to the Supervision Committee of Yongzhou Municipal Commission for Discipline Inspection, and the Supervision Committee of ningyuan county Municipal Commission for Discipline Inspection has called back to ask questions. The office of ningyuan county People's Court said that they had not received the relevant report. 165438+1On October 25th, the telephone staff of Yongzhou Municipal Commission for Discipline Inspection replied to Red Star News, and the problems reflected in the recorded content were within the scope of the Commission for Discipline Inspection, so the clues of this report were strictly investigated. A few days ago, Red Star journalists mailed the relevant recordings to the Supervision Committee of Yongzhou Municipal Commission for Discipline Inspection.