Mou Linhan was convicted of abuse and sentenced to three years and two months in the first trial. Defendant | Mou Linhan | Abuse
On June 15, 2023, the People's Court of Haidian District, Beijing, publicly announced the verdict on the case of defendant Mou Linhan suspected of committing the crime of abuse in a criminal incidental civil lawsuit. Mou Linhan was sentenced to three years and two months in prison for the crime of abuse, and was also ordered to compensate the plaintiff Cai for various economic losses in the incidental civil lawsuit, totaling more than RMB 730000.
After trial, it was found that in August 2018, the defendant Mou Linhan established a romantic relationship with the victim Chen. From September 16, 2018 to October 9, 2019, the two of them lived together in a student apartment in this city, as well as at Chen's home and Mou Linhan's home; From January to February 2019, Mou Linhan and Chen went to Guangdong and Shandong to meet with the parents of both parties.
Since January 2019, Mou Linhan has been dissatisfied with Chen's past sexual experiences, and has repeatedly asked about the details of Chen's sexual experiences. He has had arguments with Chen, frequently, for a long time, and continuously insulting him. He has also expressed extreme words such as asking Chen to exchange his psychological balance through "abortion" and other means. On June 13th of the same year, Chen cut his wrist and self harmed himself after arguing with Mou Linhan. On August 30th, after arguing with Mou Linhan, Chen swallowed medication and was taken to the hospital for treatment such as gastric lavage. The hospital issued a notice of critical illness.
On the noon of October 9, 2019, Chen and Mou Linhan had another argument. In the afternoon of the same day, Chen went out alone and later checked into a certain mansion room. He committed suicide by taking medication purchased online. From 16:19 to 22:30 on the same day, the defendant Mou Linhan contacted and searched for Chen through various means. Later, at 22:55 on the same day, Chen was taken to the hospital for treatment. On April 11, 2020, the victim Chen died despite ineffective treatment. After identification, Chen was found to have died of respiratory and circulatory failure caused by oral drug poisoning.
On June 9, 2020, the defendant Mou Linhan was arrested and brought to justice by the public security organs.
After examination, the economic losses caused by the death of the victim Chen by the plaintiff Cai in the incidental civil lawsuit are medical expenses and funeral expenses, totaling more than RMB 730000.
After trial, the court found that the defendant Mou Linhan met the requirements of the criminal subject in the crime of abuse. Mou Linhan and the victim not only have a subjective willingness to live together, but also objectively reflect the fact that they have a relatively stable shared life from the time of meeting their parents, the words and actions of both parents, the location, frequency, duration of their shared residence, and the economic expenses of both parties. The fact that Mou Linhan and the victim live together constitutes the basic fact of a substantial family member relationship, and their premarital cohabitation relationship should be recognized as a family member relationship in the crime of abuse. In terms of the content of insulting language, the frequency, duration, and consequences of insulting behavior, the defendant Mou Linhan's insulting behavior towards the victim has constituted abusive behavior in the crime of abuse, and has reached a level of severity. In the process of the victim's mental state constantly deteriorating, extreme behavior constantly appearing, and ultimately committing suicide, the high-frequency, long-term, and continuous abusive behavior repeatedly carried out by the defendant Mou Linhan is the decisive factor in creating and continuously strengthening and increasing the risk of Chen's suicide. Therefore, there is a causal relationship in criminal law with the harmful consequences of the victim's suicide. In summary, the court believes that the defendant Mou Linhan's abuse of his cohabiting girlfriend, which was heinous and resulted in the victim's death, constitutes the crime of abuse and should be punished. Taking into account factors such as the nature, circumstances, degree of social harm, and confession attitude of Mou Linhan's crime, the court sentenced him in accordance with the law.
For the plaintiff Cai's claim in the incidental civil lawsuit, the court believes that the medical expenses of over 200000 yuan already paid by the defendant Mou Linhan should be deducted; Excessive portion of funeral expenses will not be supported; Death compensation and the living expenses of the dependent are not within the scope of compensation in criminal incidental civil litigation. Finally, based on the actual occurrence of medical expenses and the calculation standards for funeral expenses, the court made corresponding judgments in accordance with the law.
The prosecutor, the plaintiff in the incidental civil litigation and their authorized litigation agents, the defendant, defense counsel, and the incidental civil litigation agent shall attend the court to announce the judgment. Some representatives of the National People's Congress, journalists from news media, relatives of both victims and defendants attended the scene.
