Latest case progress on woman assaulted by man! Netizens: Only 15 days of detention? The lawyer says this

On June 24, a video circulated online showing "a woman being brutally beaten, dragged, and stripped by a man on the street late at night," which gripped the nerves of many people. On June 25, it topped the trending searches for the entire day, and even now, it remains a hot topic.

 

The surveillance video shows the man violently punching and kicking the woman in the head and abdomen for over a minute, leaving her dazed, before stripping off her clothes and dragging her by the hair.
 

[2] The details of the incident:
The incident occurred on June 22. The video had previously circulated in a WeChat group, but based on the footage alone, the location of the incident was difficult to verify at the time.

 

[4] After the video spread online, Mianyang internet police launched an investigation overnight, followed by police from other areas gradually speaking out.
After nearly a day and night of public uproar, at 3 PM on June 25, the Dalian police's official Weibo account finally issued a statement confirming that the incident occurred in Dalian, that the victimized woman had only suffered soft tissue contusions and had been discharged from the hospital, but made no mention whatsoever of the perpetrator. Clearly, the Dalian police's response speed and the content of their statement sparked strong dissatisfaction among netizens, with widespread condemnation online.
 
 
Latest Case Updates:
At 11 p.m. on June 25, the official Weibo account of the Dalian police released the latest progress in the case, stating that the criminal suspect Wang had been successfully apprehended. The girl who was beaten was confirmed by the hospital to have only sustained soft tissue contusions on her face, with no internal injuries.
 
While relieved that the girl was unharmed, netizens were also outraged. According to China's criminal law,intentional injury must reach the level of minor injury or above to constitute a crime. Could it be that the man's violent act will only result in a public security penalty, such as 15 days of detention?
 
A lawyer from Guangdong Zhiming Law Firm pointed outthat according to the latest case progress released by Dalian police, the male perpetrator Wang did not know the female victim. Due to a dispute with his girlfriend, he used violence against the female victim and committed indecent assault.His actions constitute the crimes of affray and forcible indecency against a woman.
 

 
[1] The crime of forcible indecency has basically been determined, but the assaulted woman has not yet sustained minor injuries, which affects the situation.[2] Does the violent man, Wang, constitute the crime of picking quarrels and provoking trouble?
 
[3] The crime of picking quarrels and provoking trouble refers to acts of wantonly provoking, randomly beating or harassing others, or arbitrarily damaging or occupying public or private property, or creating disturbances in public places, seriously disrupting social order.
 
[4] Crime of picking quarrels and provoking trouble.[5] The object of infringement is social order, and causing serious harm to others' bodies is not a constitutive element; as long as social order is seriously disrupted,[6] regardless of whether the victim sustains minor injuries or more, this crime is constituted.
 
The issue of sentencingis the matter of greatest concern:
 
According to Article 293 of the Criminal Law of the People's Republic of China, anyone who commits one of the following acts of picking quarrels and provoking trouble, thereby disrupting social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or public surveillance: (1) randomly beating others, if the circumstances are flagrant; (2) chasing, intercepting, verbally abusing, or intimidating others, if the circumstances are flagrant; (3) forcibly taking or demanding, or willfully damaging or occupying public or private property, if the circumstances are serious; (4) creating a disturbance in a public place, causing serious disorder in public order. If a person gathers others to repeatedly commit the acts mentioned above, seriously disrupting social order, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined.
 
According to Article 237 of the Criminal Law of the People's Republic of China: Anyone who forcibly molests another person or insults a woman by violence, coercion, or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
 
If the subsequent investigation does not reverse the findings, based on similar past cases, the male perpetrator should be convicted of the crime of picking quarrels and provoking trouble and the crime of forcible molestation, and with combined punishment for multiple crimes, should be sentenced to fixed-term imprisonment of not less than five years.