20 18 18 10 was raped to death by the same village man Yang Guangyi on October 4th.
On 20021March 12, the mother of passion fruit girl received the notice of closing the execution case of Qinzhou Intermediate People's Court. The court found more than RMB 100 in the bank card of the murderer Yang Guangyi, and returned 32 yuan who was robbed when the passion fruit girl was killed.
The life of the character
Yang Xiaoyan is a fourth-grade primary school student in Xinping Village, Burao Town, Lingshan District, Qinzhou City, Guangxi. When Yang Xiaoyan was one-year-old, her father died because of his bravery, and her mother, Chen Liyan, took care of five children alone, earning a living by farming and doing odd jobs.
20 18 1814 October, Yang Xiaoyan was raped to death by Yang Guangyi, a man from the same village.
Character events
Main entry of the case: 10.4 Guangxi 10-year-old girl was raped and killed.
After the murder,
2065438+0818104 at noon, Yang Xiaoyan and her sister picked passion fruit in their own fields. After that, she carried a woven bag and sold it at the passion fruit purchase point on the opposite mountain. After selling passion fruit and winning 32 yuan, Yang Xiaoyan disappeared on his way home.
201810/0/6, Lingshan public security bureau reported that Yang, a 29-year-old young man from the same village, was arrested and confessed to the crime of killing. According to his confession, the police found his body and detained Yang.
It was identified that the cause of Yang Xiaoyan's death was due to the fact that in the process of being raped and injured by others, the contents of the stomach flowed back to the trachea, bronchus and trachea and were punctured by sharp instruments, and the peripheral blood vessels outside the trachea were injured and bled, and the blood directly flowed into the trachea and bronchus, leading to mechanical asphyxia and death. [2]
judgement of first instance
20 19 07 12 The Intermediate People's Court of Qinzhou City, Guangxi Zhuang Autonomous Region held that Yang raped a young girl and caused death, which constituted the crime of rape. Because he sexually assaulted 10-year-old minors, the means were extremely cruel and the circumstances were extremely bad, so he should be severely punished. Yang voluntarily surrenders himself after committing a crime and truthfully confesses his crime, which may be given a lighter or mitigated punishment; However, his crime was extremely serious and he decided not to be given a lighter punishment. The court of first instance sentenced Yang to death for rape, deprived him of his political rights for life, and ordered him to pay back RMB 32 yuan to his mother. Since then, Yang refused to accept the verdict and filed an appeal.
second instance judgement
The court of second instance held that Yang's father advised him to accompany Yang to the public security organ to surrender, and he confessed the facts of the crime truthfully after surrendering, which was a surrender. Yang's surrender played a vital role in the detection of the case, and he was sentenced to death according to law, but he did not execute it immediately, limiting the commutation.
On March 25, 2020, the Higher People's Court of Guangxi Zhuang Autonomous Region, the court of second instance, made a judgment, upheld the judgment of first instance on the legal representative's restitution to 32 yuan, and revoked the first instance judgment on Yang's rape and deprivation of political rights for life; Yang was convicted of rape, sentenced to death, suspended for two years, deprived of political rights for life, and restricted commutation. Yang Xiaoyan's family refused to accept the judgment of the second instance and prepared to appeal.
Volume adjustment comment
On May 10, 2020, it was learned from the Supreme People's Court that the Supreme People's Court decided to review the rape case of Yang Guangyi in the second instance of the Higher People's Court of Guangxi Zhuang Autonomous Region. [ 1]
Retrial of a case
In June 2020, 165438+ 10, the Supreme People's Court transferred the file to examine the rape case of the defendant Yang Guangyi, during which the victim's mother filed a complaint. The Supreme People's Court decided to review the case and instructed the Higher People's Court of Guangxi Zhuang Autonomous Region to form a collegiate bench to retry the case. [2]
At 9: 00 on June 5438+February 65438+May 5, 2020, the retrial case of the defendant Yang Guangyi accepted by the Higher People's Court of Guangxi Zhuang Autonomous Region was heard in Lingshan People's Court in private.
65438 On February 28th, 2020, the Higher People's Court of Guangxi Zhuang Autonomous Region publicly pronounced the rape case of Yang Guangyi, the defendant in the original trial who ordered retrial by the Supreme People's Court: the original judgment of the second trial was revoked, Yang Guangyi was sentenced to death and deprived of political rights for life, and it was reported to the Supreme People's Court for approval according to law. [3]
Disposal of remains
202 1 1 18, the family members have gone to the body of Yang Mouyan in funeral home cremation, and a funeral will be arranged for Yang Mouyan according to local customs. The civil affairs department reduced the mortuary fee by more than 654.38 million yuan.
The criminal executed the death penalty.
On February 2nd, 20021year, following the execution order issued by the Supreme People's Court, the Intermediate People's Court of Qinzhou City, Guangxi Zhuang Autonomous Region executed Yang Guangyi, the murderer of passion fruit girl. [4]
On 20021March 12, the mother of passion fruit girl received the notice of closing the execution case of Qinzhou Intermediate People's Court. The court found more than RMB 100 in the bank card of the murderer Yang Guangyi, and returned 32 yuan who was robbed when the passion fruit girl was killed. [5]
Related report
On March 8th, 20021,Zhou Qiang, President of the Supreme People's Court pointed out in his work report on the Supreme People's Court at the Fourth Session of the 13th National People's Congress that "protecting minors means protecting the future of the country and the hope of the nation. Severely punish crimes against minors according to law, and never tolerate all kinds of serious crimes against children that challenge the legal and social moral bottom line. " He also mentioned the retrial of the "passion fruit girl murder case", the case of Yang Guangyi raping and killing a girl and the execution of the death penalty according to law. [6]
202 1, Qinzhou, Guangxi, March 9. After the murder of the passion fruit girl was written into the Supreme Court report, the girl's family members expressed their gratitude to the newspaper for the help of lawyers and the media, hoping that all girls in the world would grow up safely.