“90后”男子乘坐地铁时猖狂至极,竟强行猥亵女乘客达30分钟之久。近日,广州中院对这起恶劣的猥亵事件作出终审判决,男子徐某洋获刑2年6个月。

The \"post-90s\" man rode wildly on the subway, forcing her to molest female passengers for 30 minutes. Recently, the Guangzhou Intermediate People's Court issued a final judgment on the indecent assault, and a man, Xu, was sentenced to two years and six months.

白云区法院一审认定,2019年4月17日17时许,徐某洋在广州地铁三号线一列从体育西路开往机场北站方向的列车上,为了满足自己的性欲,趁车上人多拥挤之际,先从后面用手触摸吉某的臀部,继而用身体将吉某推挤至列车车门旁边处,使其无法逃离和反抗,强行将手伸进吉的裙子、内裤及上衣内,抠摸被害人的臀部、阴部及胸部持续约30分钟,直至该车停靠白云区高增站。

On April 17,2019, Xu, in order to satisfy his sexual desire, touched Ji's hip with his hand from behind and then pushed him to the side of the train door with his body so that he couldn't escape and resist, forced his hand into Ji's skirt, panties and top, and touched the victim's hip, overcast and chest for about 30 minutes, until the bus stopped at the Baiyun District High Station.

后吉某出站后前往高增站派出所报警,徐某洋跟随前往并自愿如实供述自己罪行。案发后,徐某洋家属代为赔偿了被害人2万元并取得了谅解。

After Jimou out of the station to go to Gao Zeng station police, Xu followed and voluntary confession of their crimes. After the case, Xu's family compensated the victim 20,000 yuan and obtained an understanding.

白云区法院一审认为,徐某洋无视国家法律,在公共场所当众强制猥亵妇女,其行为已构成强制猥亵罪。自首情节,可从轻或减轻处罚;案发后赔偿被害人并取得了谅解,可酌情从轻处罚。

Baiyun District Court of First Instance held that Xu Mou Yang ignored the state law, in public places in public forced indecent assault of women, its behavior has constituted a crime of compulsory indecent assault. The circumstances of the surrender may be mitigated or mitigated; the victim may be given a lesser punishment, as appropriate, after the commission of the case, with an understanding of the victim.

经查,从案发地点、时间来看,本案发生在运行高峰时段的地铁列车上,地铁上人员较多,属公众场所;徐某洋在本案中对被害人进行强制猥亵的时间长、猥亵部位较多、行为情节恶劣,对被害人造成严重的伤害特别精神强制、心理恐惧等伤害,且在地铁上公众足以看到的情形下实施猥亵行为,足以认定为“当众猥亵”,综上,应认定徐某洋在公共场所当众强制猥亵妇女,予以处罚。法院一审判处徐某洋有期徒刑四年。

After investigation, from the point of view of the location and time of the case, the case occurred on the subway train during the rush hour, with a large number of people on the subway, which is a public place; Xu Mouyang, in this case, has carried out compulsory indecent assault on the victim for a long time, more parts of indecent assault and bad behavior, causing serious injury to the victim, especially mental compulsion, psychological fear and other injuries, and carrying out obscene acts in a situation that the public is sufficient to see on the subway, which is considered as \"public obscenity \". The court sentenced Xu to four years in prison on first instance.

徐某洋不服,上诉称:一审法院对其量刑过重,请求二审法院以教育为主、惩罚为辅的原则给其一个公平判决。其辩解称,其没有采取明显的暴力或语言胁迫被害人,被害人也没有明显反抗,一审判决过度放大了其行为的严重性。其在事情发生后第一时间向被害人道歉,后家属积极与被害人沟通赔偿并取得了被害人的谅解书,一审判决过度放大对被害人的伤害。此外,其认为一审法院没有综合对其行为兼顾不同罪名之间的量刑平衡,认定其行为比强奸更恶劣显失公平。

Xu refused to accept, the appeal said: the court of first instance to its sentencing too heavy, the court of second instance to education-based, secondary punishment principle to give it a fair judgment. It argued that it had not resorted to obvious violence or verbal coercion against the victim, and that the victim had not apparently resisted, and that the judgment of the first instance had overstated the seriousness of his actions. It apologized to the victim at the first time after the incident, after the family actively communicated with the victim compensation and obtained the victim's letter of understanding, the first instance judgment excessively magnified the injury to the victim. Furthermore, it considers that the court of first instance did not combine its conduct with a balance of sentencing between the different offences, and found that its conduct was more unfair than rape.

二审广州中院认为,徐某洋在公共场所当众强制猥亵妇女,其行为已构成强制猥亵罪。徐某洋犯罪能自首,依法可从轻或减轻处罚。徐某洋案发后能赔偿被害人并获得了谅解,可酌情从轻处罚。

Guangzhou Academy of the Second Instance held that Xu Yanyang had forced women to abuse in public places. Xu's crime can turn himself in, and he may be punished lightly or mitigated according to law. Xu can compensate the victim and obtain understanding after the crime, and can be punished lightly as appropriate.

关于徐某洋及辩护人提出的上诉及辩护意见。经查,徐某洋的供述与被害人的陈述相印证证实徐某洋作案时是将被害人从某车对着座位靠近玻璃档格的位置推挤到玻璃档格与屏蔽门之间的三角位长达30分钟,限制了被害人的逃离和反抗,可见其是对被害人实施了一定的暴力行为。

Appeal and defence opinion of ms xu and the defender. After investigation, xu's statement and the victim's statement confirmed that xu's crime was to push the victim from the seat of a car to the location near the glass grid to the triangle between the glass grid and the shield door for up to 30 minutes, limiting the victim's escape and resistance.

虽然徐某洋在乘客众多的地铁列车上强制猥亵被害人持续30分钟,可以认定“在公共场所当众犯罪”,但是,本案唯一的现场目击证人伍某只看到被害人一直有不情愿反抗以及有推徐某洋胸部的行为,却未看到徐某洋的猥亵动作,并且只觉得两人是情侣间闹矛盾,由此可见,徐某洋的猥亵动作具有一定的隐蔽性,被害人不敢声张的表现也给现场群众造成了一定的迷惑性,犯案过程中也未曾见有人出面阻止,可见徐某洋强制猥亵“当众性”所造成的影响并不十分恶劣。

Although ms. xu's forced indecent assault on a passenger train lasted for 30 minutes, he could be identified as \"a public crime \", but the only scene witness in this case, ms. wu, only saw that the victim had been reluctantly resisting and pushing ms. xu's chest, but did not see ms. xu's obscene movement, and only felt that the two men were lovers's who were at odds. Thus, mr. xu's obscene actions had a certain concealment, and the victim's unafraid performance had also caused confusion to the people at the scene.

另外,综合徐某洋作案后在未被他人察觉的情况下没有选择逃离,而是跟随被害人下车,还求被害人原谅并一直跟随被害人到派出所自首,案发后还赔偿了被害人并获得了谅解等,原判对徐某洋所作出有期徒刑四年的量刑虽已属减轻,但与其实际罪行并不相适应,仍属过重。徐某洋和辩护人相关部分的意见法院予以采纳。

In addition, after the comprehensive Xu did not choose to escape without being noticed by others, but followed the victim to get out of the car, but also to ask the victim for forgiveness and always follow the victim to the police station to surrender, after the case also compensated the victim and obtained an understanding, the original sentence of four years'imprisonment for Xu has been reduced, but it is still too heavy to adapt to its actual crime. Xu and the defenders of the relevant parts of the opinion of the court to accept.

(原标题为《猖狂至极!男子地铁上猥亵女乘客长达30分钟……》)(本文来自澎湃新闻,更多原创资讯请下载“澎湃新闻”APP)

(Originally titled "Wild! Men's subway obscene female passengers up to 30 minutes... 》)(For more original information, please download "News of the Tide" app)


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