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 beaten, dragged, and stripped by a man on the street late at night," which stirred many people's emotions. It topped the trending list for the entire day of June 25 and remains highly discussed even now.

 

[1] From the surveillance footage, a man can be seen violently punching and kicking a woman's head and abdomen for over a minute, causing her to lose consciousness, then stripping her clothes and dragging her by her hair.
 

[2] The details of the incident:
[3] The incident occurred on June 22, and the video was initially circulated in a WeChat group, but based solely on the footage, the location was difficult to verify at first.

 

[4] After the video spread online, Mianyang internet police launched an investigation overnight, followed by police from other areas gradually speaking out.
[5] After nearly a day and night of public outcry, at 3:00 PM on June 25, the official Weibo account of Dalian police finally confirmed that the incident took place in Dalian, stating that the victim had only soft tissue injuries and had been discharged from the hospital, but made no mention of the perpetrator. Clearly, the response speed and statement content of Dalian police sparked strong dissatisfaction among netizens, leading to widespread condemnation online.
 
 
[6] Latest case update:
At 11 p.m. on June 25, the official Weibo account of Dalian police released the latest case progress, stating that the suspect Wang had been successfully apprehended. The assaulted girl was confirmed by the hospital to have only facial soft tissue contusions, 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.