Ao Xiang, male, is a senior of Dongguan Institute of technology. On November 21, 2011, Xiao Liang, a sophomore at the same school, was killed for resisting Ao Xiang's indecency while going to the toilet. On May 24, 2012, Dongguan intermediate people's court sentenced the defendant Ao Xiang to death with a two-year reprieve for the crimes of indecent assault on women and intentional homicide, and ordered the defendant to compensate Liang's parents Liang Yibin and Chu Yixiang for more than 500000 yuan. Ao Xiang said that he would not appeal. On January 7, 2013, the higher people's Court of Guangdong Province made a public judgment on the review case and decided to approve the first instance judgment of Dongguan intermediate people's court.
On July 18, 2016, Ao Xiang was commuted to life imprisonment. On July 18, 2018, the higher people's Court of Guangxi Zhuang Autonomous Region reduced Ao Xiang's sentence to 25 years.
The course of the crime
At about 7:00 on November 21, 2011, Ao Xiang came to the 404 classroom near the women's toilet on the fourth floor of building C, area 6 of the school's teaching building, waiting for the opportunity to molest the female students who entered the women's toilet alone, packing fruit knives, eye masks, homemade masks, woolen gloves and other tools with books.
At about 8:25, the victim, Xiaomi, entered the women's toilet alone. Ao Xiang followed him and locked the door of the toilet. Then he put on gloves, homemade mask, took off his trousers and shoes, held a fruit knife, and ambushed in front of the West No. 2 squatting seat where Xiaomi went to the toilet. When Xiaomi comes out of the squatting position after going to the toilet, Ao Xiang holds a knife to hold Xiaomi's neck and pushes Xiaomi into the squatting position. Ao Xiang forces Xiaomi to put on his prepared eye mask and take off his clothes, so he molests him. Due to strong resistance from Xiaomi, Ao Xiang hit his head and face on the ground, covered his mouth and pinched his neck for several minutes, causing Xiaomi to die on the spot. At about 10:20 on the same day, Xiaomi's body was found.
After killing the victim Xiaomi, Ao Xiang fled to Guangzhou and surrendered to the police station at the square of Yuexiu District branch of Guangzhou Public Security Bureau on November 23, 2011. He was detained for the case on November 23, 2011, was detained for criminal reasons the next day, and was arrested on December 8 of the same year.
Sentenced to death with a reprieve
On May 24, 2012, the intermediate people's Court of Dongguan City, Guangdong Province, made a first instance judgment on the case and sentenced the defendant Ao Xiang to death for the crime of indecent assault on women and intentional homicide with a two-year reprieve. Meanwhile, the defendant was ordered to compensate Liang's parents Liang Bin and Chu Xiang for more than 500000 yuan. Ao Xiang said that he would not appeal.
Application for protest
Xiaomi's father Liang Xianbin has submitted a protest application to Dongguan People's Procuratorate in the afternoon of May 25, 2012. The reason for the application is that the defendant Ao Xiang used cruel means to commit crimes, repeatedly committed crimes, committed crimes on campus, had a very bad social impact, and retracted his confession many times during the court trial. Xiaomi's family also pointed out that Ao Xiang's crime was enough to impose death penalty, and they would not pity and forgive the murderer. Therefore, they requested the procuratorial organ to lodge a protest, demanding that the defendant be sentenced to death and executed immediately.
High court ruling
On January 7, 2013, the higher people's Court of Guangdong Province issued a public judgment on the case of deliberate homicide and compulsory indecent assault on women by Ao Xiang, a student of Dongguan Institute of technology, and ordered to approve the first instance judgment of Dongguan intermediate people's court.
The higher people's Court of Guangdong Province held that the defendant Ao Xiang's crime was extremely serious and should be sentenced to death. In view of the fact that Ao Xiang was able to voluntarily surrender after committing the crime, truthfully confessed the crime after being brought to justice, led the public security organs to obtain important conclusive evidence, and had the plot of surrender and repentance, he could be given a lighter punishment according to law. Therefore, Ao Xiang's death sentence may not be executed immediately. The facts of the original judgment are clear, the evidence is true and sufficient, the conviction is accurate, the sentencing is appropriate, and the trial procedure is legal. In accordance with the provisions of article 237 of the criminal procedure law of the people's Republic of China, the defendant Ao Xiang's death sentence with a reprieve was approved.
On July 18, 2016, Ao Xiang was commuted to life imprisonment and deprived of political rights for life.
On July 18, 2018, the higher people's Court of Guangxi Zhuang Autonomous Region held that the criminal Ao Xiang did show repentance during his sentence and could be commuted. In accordance with the provisions of the first paragraph of Article 78, the second paragraph of Article 57 and the eighth paragraph of the criminal law of the people's Republic of China and the second paragraph of article 262 of the criminal procedure law of the people's Republic of China, the criminal Ao Xiang's penalty is reduced to fixed-term imprisonment of 25 years and deprivation of political rights is changed to 10 years (from July 18, 2018 to July 17, 2043) .
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