Recently, some netizens disclosed that Guo Yuchi, director of the office of the organizational structure Committee of Daguan County, Yunnan Province, was released from prison on December 24, 2018, causing controversy.
According to media reports, on August 24, 2013, Guo Yuchi took her 4-year-old daughter home to commit adultery, and the court of First Instance sentenced her to five years’ imprisonment. On December 6 of the same year, the case was retried, and the court of Second Instance sentenced him to eight years’ imprisonment for committing rape. Because of his repentance during his sentence, Guo Yuchi reduced his sentence three times in a row, with a cumulative commutation of 2 years and 8 months.
Chen Weibao, a lawyer for the victim and a member of the Yunnan Provincial Committee of the Chinese people’s Political Consultative Conference of Yunnan Province, told the Red Star News reporter that the court found Guo Yuchi guilty of rape at that time, and that as a public official, the crime of raping a young girl under the age of 14 was of a bad nature and should be severely punished. Guo Yuchi was sentenced to eight years in prison because her hymen was not broken and Guo Yuchi promised to compensate Wang for 150000 yuan in exchange for a letter of understanding.
“There are no special provisions on commutation and parole for rapists. But with regard to commutation, the prison administration has issued relevant documents, including how to reduce the penalty, how to score and so on. ” On December 14, Zhaotong prison staff told Red Star News reporters that among the relevant provisions on commutation, only those who are involved in criminal syndicates and evils will be more strictly “limited to the extent of commutation”. Other types of prisoners have clear provisions in commutation, such as why they should be reduced, what their usual performance is, and so on.
At 9:00 p.m. on August 24, 2013, Guo Yuchi, director of the office of the organizational structure Committee of Daguan County, Yunnan Province, saw a 4-year-old young queen playing on the roadside, so he took her away and tried to rape him. Because Wang was crying, he put him back in his place. Soon, he picked up Wang again and took him home to commit adultery, resulting in Wang’s lower body rupture.
In the first instance, the court found Guo Yuchi guilty of rape and raped a girl under 14 years old should be punished severely. At the same time, the court held that Guo Yuchi could voluntarily confess the facts of the crime and had a good attitude of pleading guilty. He was sentenced to five years’ imprisonment based on the circumstances of the whole case. When remand for retrial, the court of Daguan County in Yunnan Province held that the conviction was accurate and the sentencing was improper. Guo Yuchi’s fixed-term imprisonment was changed to eight years, and the term of sentence was implemented until August 24, 2021.
In this regard, Chen Weibao, Wang’s deputy lawyer, believes that the sentence of five years’ imprisonment in the first instance is too light. According to the criminal law, the crime of rape should be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years; those with special legal circumstances should be sentenced to more than 10 years’ imprisonment, life imprisonment or death penalty.
“The serious circumstances of this case are mainly reflected in two rapes, regardless of the cry of the victim. Second, four year olds have no ability to protect themselves and resist. Guo Yuchi, as a public official, should be punished severely. ” “However, Guo Yuchi only came into contact with Wang and did not cause any damage to his body organs, which is in line with the general standard of fixed-term imprisonment of not less than three years but not more than 10 years,” Chen said
According to the medical certificate of Daguan County People’s Hospital, at 2:20 a.m. on 25th, 2013, the public security police took Wang to the hospital for gynecological examination, and found that Wang had no vulva laceration, congestion and redness at the labia minora, no obvious laceration, no anal laceration, and no obvious laceration in the hymen.
Chen Weibao said that because Guo Yuchi promised to compensate Wang for 150000 yuan in exchange for a letter of understanding, the final sentence did not reach 10 years. The court sentenced him to eight years in prison, and his family had no objection.
“Wang’s family moved out of Daguan County after the case was over. I don’t know if they knew about Guo Yuchi’s commutation or his release from prison.” Chen Wei’s lawyer told the Red Star News reporter that Wang’s family was not rich. His father had been working abroad. His mother opened a small barber shop. “A haircut costs about 5 yuan.” in order to win the lawsuit, he once borrowed a loan of usury, “borrowed 50000 lawyers. After I knew about it, I gave them a refund and only received a nominal agency fee of one yuan.”
Wang’s father said in an interview with the Red Star News reporter that after the incident, the child was pointed out every day, “if there is a place to go, you should leave the gate and give the child a new name.”
Guo Yuchi’s family said in an interview with the Red Star News reporter that Guo Yuchi is usually cautious in his work. “It doesn’t matter if he is a bad person, but he has always performed well in his family and society without any criminal record. It shouldn’t have happened to him, but it happened to him. “
According to his family, Guo Yuchi’s drinking capacity is poor, and he can never drink in a big way. If he drinks two or three small drinks, he will blush, “except for social intercourse, he seldom goes into restaurants. Unexpectedly, a few days before the accident, he entered the restaurant very frequently. ” According to Guo Yuchi’s brother-in-law Zhou, the fourth day before the incident (the evening of August 20, 2013), Guo Yuchi was drunk.
The people’s Court of Daguan County, Yunnan Province, issued the No.1 criminal judgment (2013) of Da Xing re Chu Zi on December 6, 2013. Guo Yuchi, the defendant, was convicted of rape and sentenced to eight years’ imprisonment, according to China judicial document network. The offender was handed over for execution on December 20, 2013. While serving his sentence in Zhaotong prison in Yunnan Province, Guo Yuchi pleaded guilty during the execution of the punishment, conscientiously abided by the laws and regulations, namely prison regulations, actively participated in ideological, cultural, vocational and technical education, accepted education and transformation, and worked hard to complete the labor task. He was awarded 4 times of cumulative scores, and the remaining score was more than 300 points. He has been sent to Zhaotong City of Yunnan Province by the executive organ Zhaotong prison for three times