According to news on September 7, 2018, recently, the China Judgment Documents Network released the criminal ruling of the second instance of Lu Bin's rape.

Lu Bin was born on January 1, 1982 in Xingbin District, Laibin City, Guangxi Zhuang Autonomous Region. He is a Zhuang nationality and a postgraduate.On suspicion of committing rape, he was criminally detained on April 21, 2017 and arrested on May 5 of the same year.

In March this year, the People's Court of Xingbin District, Laibin City heard the case of Lu Bin's alleged rape.

The People's Court of Xingbin District, Laibin City found that at about 18:00 on April 19, 2017, Lu Bin and the victim Ye Moumou ate and drank at the Heshunsheng Niu Food Stall on Xianghe Road, Xingbin District, Laibin City, and dispersed at 21:00 on the same day.After the banquet, Lu Bin stopped a taxi on the side of the road to take the drunk Ye XX to the community where Ye XX lived. Because he failed to open the door of Ye XX's house, Lu Bin took Ye XX by Didi Taxi.Send it to Laibin International Hotel, No. 68, Weilin Avenue, Xingbin District, Laibin City to open a room. With the assistance of the hotel security guard, Lu Bin hugged Ye XX and helped him into Room 1106.

After the security guard left, Lu Bin forcibly raped the drunk and unconscious Ye XX on the bed twice.After identification, the body composition of the defendant Lu Bin was detected in the condoms and Ye Moumou's secretions extracted from the scene.

The People's Court of Xingbin District, Laibin City held that Lu Bin violated the will of the woman and forcibly had sex with the victim while the victim was drunk and unconscious.Lu Bin raped the victim twice and was given a heavier punishment.In the first trial, he was charged with rape, and Lu Bin was sentenced to four years and ten months in prison.

After the verdict was pronounced, Lu Bin refused to accept it and appealed to the Laibin City Intermediate People's Court, but the original public prosecutor did not protest.

Lu Bin made two appeals.

First, drunkenness cannot be seen on the surface, it should be identified through alcohol testing and identification. The original judgment presumed that the victim was drunk based on video data and interviewing witnesses without any alcohol testing and identification, and the evidence was insufficient.

Second, witnesses Liang, Mo, and Wu confirmed that when drinking that night, Ye sat next to Lu Bin, spoke ambiguously, teased each other, and had an intimate relationship;When they went out, they hugged each other, and Ye Moumou took the initiative to ask Lu Bin to take her home. Lu Bin said he was going to open a room, and Ye Moumou agreed.The testimonies of these witnesses confirmed that the appellant and the victim went to the house together and had sexual relations voluntarily.

Lu Bin appealed that there was no conclusive and sufficient evidence in this case to prove that the victim was indeed drunk at the time, and the original judgment held that she violated the will of the woman and forcibly had sexual relations with the victim while the victim was drunk and unconscious, and the evidence was insufficient.Request the court of second instance to amend the judgment according to law and declare the appellant not guilty.

On June 14 this year, the Laibin City Intermediate People's Court heard the case without a hearing.After trial, it was found that the facts and evidence found in the second instance were the same as those in the first instance.

After investigation, the hospital believed that the hotel surveillance video, the testimony of hotel attendants and security guards and other evidence proved that the victim was barefooted at that time, his body was so inclined that he could not walk independently, and he entered the room with the help of others, which proved that the victim was drunk.Objective fact.

Secondly, the victim stated that he pushed and kicked the other party, and then became unconscious. When he woke up at 6:00 the next day, he saw the sign next to the bed and realized that it was the Laibin International Hotel. After watching the hotel’s surveillance video, he realized that it was the victim.The rape by Lu Bin proves that the victim was in a state of drunkenness and unconsciousness from a certain time until 6 o'clock the next day.

Third, the defendant confessed that the victim was unconscious at the time, her shoes fell on the car, and she could no longer walk. Lu Bin could only slowly put his arms around her waist and help her to the elevator entrance.With the help of waiters and security guards, the victim was helped into the room. Lu Bin had sexual relations with the victim. The victim kicked Lu Bin with both legs, kicked Lu Bin's hands away, turned over and stretched out his head to vomit under the bed, and then fell down directly.Lu Bin carried the victim to the bed and continued to have sexual relations. Later, Lu Bin lay on the bed for about 30 minutes and had sexual relations with the victim again. The victim did not respond this time.

The Laibin City Intermediate People's Court stated that it can be seen that the defendant's confession, the objective facts reflected in the hotel surveillance video, the testimony of the hotel attendants and security guards, and the victim's statement are all mutually corroborated, which is sufficient to prove that when the victim was drunk and unconscious, LuBin forcibly had sex with the victim.

In the end, the Laibin City Intermediate People's Court held that the original judgment found that Lu Bin violated the will of the woman and forcibly had sex with the victim when the victim was drunk and unconscious.The procedure is legal.The appeal (defense) opinion lacks factual basis and the reasons are untenable, so this court will not accept it.

The final ruling rejected the appeal and upheld the original sentence. Lu Bin was sentenced to four years and ten months in prison for rape