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luhe county people's court of guangdong province

criminal judgment

(2024) yue 1523 criminal first instance no. 31

the public prosecution agency is luhe county people’s procuratorate.

the defendant, peng mouan, male, was born on december 27, 1990 in luhe county, guangdong province. he has a junior high school education and his registered residence is in luhe county, guangdong province. on june 29, 2013, he was sentenced to ten days of administrative detention by the luhe county public security bureau for drug use. on the same day, the luhe county public security bureau decided to force him to undergo two years of drug rehabilitation in isolation. he was summoned to appear in court on november 28, 2023 for this case, and was criminally detained by the luhe county public security bureau the next day. he was arrested by the luhe county public security bureau on december 14 of the same year. he is currently detained in the luhe county detention center.

the people's procuratorate of luhe county charged the defendant peng mouan with the crime of obstructing testimony in the indictment no. luhe procuratorate criminal prosecution (2024) 25, and filed a public prosecution with this court on february 28, 2024. after accepting the case, this court applied the simplified procedure in accordance with the law and held a public hearing on march 6, 2024. the people's procuratorate of luhe county appointed prosecutor li lulu to appear in court to support the public prosecution, and the defendant peng mouan appeared in court to participate in the lawsuit. the trial has now ended.

the luhe county people's procuratorate charged that at around 2 a.m. on november 22, 2021, the criminal suspect luo mou 1 (handled in another case), the victim luo moumou and others were singing and drinking in room 168 of the heige bar ktv. during the period, luo mou 1 forced luo moumou to have sex in the toilet. luo moumou then called the police. the henan police station of the luhe county public security bureau dispatched police and took luo mou 1 back to the police station for investigation.

after hearing the above situation, the defendant peng mouan, knowing that luo mou1 had raped luo moumou, still colluded with luo mou1's relative luo mou3 (now on the run), and continuously instigated luo moumou through wechat and other means to cancel the call to the police, and told luo moumou that he had already arranged relations with the public security organs.

at the same time,luo no. 3 and others asked ye moufeng (who has been prosecuted), then deputy mayor of luoxi town people's government of luhe county, to smooth the relationship with ye moujin, then director of henan police station. at about 10 am on the 22nd of the same month, luo moumou, at the request of luo no. 3 and peng mouan, went to the police station to change the record and stated that he had voluntarily had sex with luo no. 1.

on the same day, luo no. 1 was released.luo moumou was fined rmb 500 for falsely reporting a crime.on july 31, 2023, the luhe county discipline inspection commission found clues that luo mou 1 was suspected of rape during the review and investigation, and transferred it to the luhe county public security bureau. the luhe county public security bureau opened an investigation into the case on november 30 of the same year.

to prove the above facts, the luhe county people's procuratorate provided the court with physical evidence, documentary evidence, witness testimony, defendant's confession and defense, on-site investigation, inspection records, electronic data and other evidence.

the accusation is thatthe defendant peng mouan instructed others to give false testimony through instigation, and his behavior violated the provisions of article 307, paragraph 1 of the criminal law of the people's republic of china. the facts of the crime are clear and the evidence is sufficient, and he should be held criminally responsible for obstructing testimony.in view of the fact that peng mouan confessed his crimes truthfully after being arrested, he has confessed his crimes, and according to the provisions of article 67, paragraph 3 of the criminal law of the people's republic of china, he can be given a lighter punishment. the defendant peng mouan voluntarily pleaded guilty and accepted punishment, and according to the provisions of article 15 of the criminal procedure law of the people's republic of china, he can be treated leniently. according to the provisions of article 176 of the criminal procedure law of the people's republic of china, a public prosecution is filed and this court is requested to sentence according to law. at the same time, according to the sentencing recommendation no. 24 of luhe procuratorate (2024), it is recommended that the defendant peng mouan be sentenced to one year and three months in prison for the crime of obstructing testimony.

the defendant peng mouan had no objection to the charges and criminal facts alleged by the public prosecution agency, and requested the court to impose a lighter punishment and grant probation.

after trial, it was found that at about 2 a.m. on november 22, 2021, luo mou 1 (already prosecuted), the victim luo moumou and others were singing and drinking in room 168 of the heige bar ktv. during this time, luo mou 1 forced luo moumou to have sex in the toilet. luo moumou then called the police, and the henan police station of the luhe county public security bureau dispatched police and took luo mou 1 back to the police station for investigation.

after hearing the above situation, the defendant peng mouan, knowing that luo mou1 had raped luo moumou, still colluded with luo mou1's relative luo mou3 (on the run), instigated luo moumou to withdraw the police report through wechat and other means, and told luo moumou that he had already arranged relations with the public security organs.

at the same time,luo no. 3 and others asked ye moufeng (who has been prosecuted), then deputy mayor of luoxi town people's government of luhe county, to smooth the relationship with ye moujin, then director of henan police station. at about 10 am on the 22nd, luo moumou went to the police station at the request of luo no. 3 and peng mouan to change the record, saying that he had voluntarily had sex with luo no. 1.

on the same day, luo no. 1 was released, and luo was fined rmb 500 for falsely reporting a crime.the luhe county discipline inspection commission of the communist party of china found clues that luo mou 1 was suspected of rape and transferred the case to the luhe county public security bureau.the luhe county public security bureau opened an investigation into the case on november 30 of the same year.

during the review and prosecution period, the defendant peng mouan obtained legal assistance from a lawyer and listened to legal opinions, and voluntarily signed a confession and admission of guilt.

the defendant peng mouan had no objection to the above facts during the trial, and the public prosecution agency submitted to the court the case registration form, case filing decision, household registration information certificate, criminal record certificate, administrative penalty decision, compulsory isolation and drug rehabilitation decision, case surrender process, case solving process, and instructions for the preparation of physical evidence/documentary evidence (photos/copies/copies) issued by the luhe county public security bureau, which were presented, cross-examined, and authenticated in court (case registration form, administrative penalty decision, and other administrative case-related materials of luo moumou; case filing decision, detention certificate and other materials related to the rape case involving luo mou 1), seizure list (seizing a blue vivo y52s mobile phone held by peng mouan), testimonies of witnesses luo mou 1, peng mou, luo mou 2, ye mou, zhu mou, li mou, and luo moumou, confession and defense of defendant peng mouan, identification record, electronic data (screenshot) production instructions (screenshots of wechat chat records and wechat account information), on-site inspection record (attached with 2 on-site location diagrams, 10 on-site photos, and 3 on-site photos pointed out by luo moumou),"transfer letter of problem clues" and "transfer report on the suspected rape crime of luhe county social personnel luo mou 1" issued by the luhe county discipline inspection commission of the communist party of china(attached with the 110 police information form and luo moumou's interrogation record), the "disease certificate" issued by the luhe county maternal and child health and family planning service center and other evidence are sufficient to confirm it.

this court believes that the defendant peng mouan ignored the state laws and instructed others to commit perjury by instigation. his behavior constitutes the crime of obstructing testimony and should be punished according to law. in view of the fact that peng mouan truthfully confessed his crimes after being arrested, he was frank, and voluntarily signed a confession and plea agreement, this court will give him a lighter punishment. the public prosecutor's criminal charges against the defendant are clear, the evidence is reliable and sufficient, the charges are established, and the sentencing recommendations are in line with the law. this court supports and adopts them. the defendant peng mouan's defense opinion for a lighter punishment is in line with the law and is adopted by this court; the defendant peng mouan's defense opinion for a suspended sentence is not adopted by this court.

based on the facts, nature, circumstances and degree of harm to society caused by the defendant's crime, and in accordance with the provisions of article 307, paragraph 1, article 64, article 67, paragraph 3 of the criminal law of the people's republic of china, and article 15 of the criminal procedure law of the people's republic of china, the following judgment is made:

1. the defendant peng mouan is guilty of obstructing testimony and is sentenced to one year and three months in prison (the sentence is calculated from the date of execution of the judgment. if he is detained before the execution of the judgment, one day of detention will be deducted from the sentence, that is, from november 28, 2023 to february 27, 2025.)

2. a blue vivoy52s mobile phone transferred with the case shall be confiscated and turned over to the state treasury.

if you are dissatisfied with this judgment, you may appeal through this court or directly to the shanwei intermediate people's court within ten days from the day after receiving the judgment. if you appeal in writing, you must submit one original and two copies of the appeal.

judge gao xiaojing

march 7, 2024

secretary li cheng