People’s Court of Luhe County, Guangdong Province
Criminal Judgment
(2024) Yue 1523 Criminal First Instance No. 31
Prosecuting authority: People’s Procuratorate of Luhe County.
Defendant: Peng Mou’an, male, born on December 27, 1990, a native of Luhe County, Guangdong Province, with a junior high school education, and a registered permanent residence in Luhe County, Guangdong Province. On June 29, 2013, he was administratively detained for ten days by the Luhe County Public Security Bureau for drug use, and on the same day, he was decided to be subjected to compulsory isolation and drug rehabilitation for 2 years by the Luhe County Public Security Bureau. Because of this case, he was summoned on November 28, 2023, and was criminally detained by the Luhe County Public Security Bureau on the next day, and 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 Mou’an with the crime of obstructing testimony with the indictment Luhe Jian Xing Su [2024] No. 25, and filed a public prosecution with this court on February 28, 2024. After accepting the case, this court applied the summary procedure in accordance with the law and publicly tried the case on March 6, 2024. Li Lu, a prosecutor from the People’s Procuratorate of Luhe County, appeared in court to support the public prosecution, and the defendant Peng Mou’an attended the trial. The trial has now concluded.
The People’s Procuratorate of Luhe County alleged: At around 2 a.m. on November 22, 2021, the suspect Luo Mou 1 (dealt with separately), the victim Luo Moumou, and others sang and drank alcohol in Room 168 of the Heige Bar KTV. During the period, Luo Mou 1 forcibly had sexual relations with Luo Moumou in the toilet. Later, Luo Moumou reported the case to the police, and the Henan Police Station of the Luhe County Public Security Bureau dispatched police officers and took Luo Mou 1 back to the police station for investigation.
After hearing the above situation, the defendant Peng Mou’an, knowing that Luo Mou 1 had raped Luo Moumou, still colluded with Luo Mou 1’s relative Luo Mou 3 (currently at large), and constantly instigated Luo Moumou to cancel the report through WeChat and other means, and informed Luo Moumou that he had arranged for the public security organs.
At the same time, Luo Mou 3 and others requested Ye Moufeng (who has been prosecuted), who was then the deputy town mayor of Luoxi Town, Luhe County, to intercede with Ye Moujin, who was then the director of the Henan Police Station. At around 10 a.m. on the 22nd of the same month, Luo Moumou, at the request of Luo Mou 3 and Peng Mou’an, went to the police station together to change the record, claiming that she had voluntarily had sexual relations with Luo Mou 1.
On the same day, Luo Mou 1 was released, and Luo Moumou was fined RMB 500 for falsely reporting the case. On July 31, 2023, the Discipline Inspection Commission of Luhe County discovered clues about Luo Mou 1’s suspected rape crime during the review and investigation and transferred them to the Luhe County Public Security Bureau. The Luhe County Public Security Bureau filed a case for investigation on November 30 of the same year.
To prove the above facts, the People’s Procuratorate of Luhe County provided material evidence, documentary evidence, witness testimonies, the defendant’s confessions and defenses, on-site investigations, inspection records, electronic data, and other evidence to the court.
The indictment believes that the defendant Peng Mou’an, through the method of instigation, instructed others to give false testimony, 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 indeed sufficient, and he should be held criminally responsible for the crime of obstructing testimony. In view of the fact that Peng Mou’an truthfully confessed his crimes after being arrested, and has a confession, he can be given a lighter punishment according to the provisions of Article 67, Paragraph 3 of the Criminal Law of the People’s Republic of China. The defendant Peng Mou’an voluntarily pleaded guilty and accepted punishment, and can be given a lenient treatment according to the provisions of Article 15 of the Criminal Procedure Law of the People’s Republic of China. According to the provisions of Article 176 of the Criminal Procedure Law of the People’s Republic of China, the public prosecution is filed, and this court is requested to impose a sentence in accordance with the law. At the same time, with the sentencing recommendation letter Luhe Jian Liang Jian [2024] No. 24, it is recommended to sentence the defendant Peng Mou’an to one year and three months of imprisonment for the crime of obstructing testimony.
The defendant Peng Mou’an has no objection to the crime and the facts of the crime alleged by the public prosecution organ, and requests the court to give a lighter punishment and grant a suspended sentence.
After trial, it was found that at around 2 a.m. on November 22, 2021, Luo Mou 1 (who has been prosecuted), the victim Luo Moumou, and others sang and drank alcohol in Room 168 of the Heige Bar KTV. During the period, Luo Mou 1 forcibly had sexual relations with Luo Moumou in the toilet. Later, Luo Moumou reported the case to the police, and the Henan Police Station of the Luhe County Public Security Bureau dispatched police officers and took Luo Mou 1 back to the police station for investigation.
After hearing the above situation, the defendant Peng Mou’an, knowing that Luo Mou 1 had raped Luo Moumou, still colluded with Luo Mou 1’s relative Luo Mou 3 (at large), and instigated Luo Moumou to withdraw the report through WeChat and other means, and informed Luo Moumou that he had arranged for the public security organs.
At the same time, Luo Mou 3 and others requested Ye Moufeng (who has been prosecuted), who was then the deputy town mayor of Luoxi Town, Luhe County, to intercede with Ye Moujin, who was then the director of the Henan Police Station. At around 10 a.m. on the 22nd, Luo Moumou, at the request of Luo Mou 3 and Peng Mou’an, went to the police station together to change the record, claiming that she had voluntarily had sexual relations with Luo Mou 1.
On the same day, Luo Mou 1 was released, and Luo Moumou was fined RMB 500 for falsely reporting the case. On July 31, 2023, the Discipline Inspection Commission of the Communist Party of China of Luhe County discovered clues about Luo Mou 1’s suspected rape crime and transferred them to the Luhe County Public Security Bureau. The Luhe County Public Security Bureau filed a case for investigation on November 30 of the same year.
During the review and prosecution period, the defendant Peng Mou’an obtained legal assistance from a lawyer and listened to legal opinions, and voluntarily signed a plea of guilty and accepting punishment.
The above facts, the defendant Peng Mou’an had no objection during the court trial, and there are the case acceptance registration form, the case filing decision, the household registration information certificate, the certificate of violation of law and criminal record, the administrative penalty decision, the compulsory isolation and drug rehabilitation decision, the process of being arrested, the process of solving the case, material evidence/documentary evidence (photos/duplicates/copies) production instructions (case acceptance registration form, administrative penalty decision, and other materials related to Luo Moumou’s administrative case; case filing decision, detention certificate, and other materials related to Luo Mou 1’s rape case) issued by the Luhe County Public Security Bureau, the seizure list (seizing a blue VIVOY52S mobile phone held by Peng Mou’an), the testimonies of witnesses Luo Mou 1, Peng Mou, Luo Mou 2, Ye Mou, Zhu Mou, Li Mou, and Luo Moumou, the confessions and defenses of the defendant Peng Mou’an, the identification records, electronic data (screenshots) production instructions (screenshots of WeChat chat records and WeChat account information), on-site inspection records (with 2 site location diagrams, 10 site photos, and 3 photos of Luo Moumou identifying the site), the ‘Letter of Transfer of Problem Clues’ and the ‘Report on the Transfer of Clues of the Suspected Rape Crime of Luo Mou 1, a Social Person in Luhe County’ (with 110 police information form, Luo Moumou’s interrogation record) issued by the Discipline Inspection Commission of the Communist Party of China of Luhe County, and the ‘Certificate of Illness’ issued by the Luhe County Maternal and Child Health Care and Family Planning Service Center, etc., which are sufficient to be recognized.
This court believes that the defendant Peng Mou’an, disregarding the national laws, instructed others to give false testimony through the method of instigation, his behavior has constituted the crime of obstructing testimony, and should be punished in accordance with the law. In view of the fact that Peng Mou’an truthfully confessed his crimes after being arrested, and has a confession, and voluntarily signed a plea of guilty and accepting punishment, this court gives a lighter punishment. The facts of the defendant’s crime alleged by the public prosecution organ are clear, the evidence is indeed sufficient, the crime alleged is established, and the sentencing recommendation complies with the law, this court supports and adopts it. The defense opinion of the defendant Peng Mou’an requesting a lighter punishment complies with the law, and this court adopts it; the defense opinion of the defendant Peng Mou’an requesting the application of a suspended sentence, this court does not adopt it.
According to the facts, nature, circumstances of the defendant’s crime, and the degree of harm to society, 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 judgment is as follows:
1. The defendant Peng Mou’an is guilty of obstructing testimony and is sentenced to one year and three months of imprisonment (the term of imprisonment shall be calculated from the date of execution of the judgment, and the days of prior detention shall be deducted from the term of imprisonment, that is, from November 28, 2023, to February 27, 2025).
2. One blue VIVOY52S mobile phone, which was transferred with the case, shall be confiscated and turned over to the state treasury.
If you are not satisfied with this judgment, you may file an appeal with this court or directly to the Intermediate People’s Court of Shanwei City within ten days from the date of receiving the judgment. If you appeal in writing, you shall submit the original of the appeal statement and two copies.
Adjudicator Gao Xiaojing
March 7, 2024
Clerk Li Cheng
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