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【裁判要旨】强制猥亵妇女致人死亡行为具有故意伤害与强制猥亵妇女行为部分重合的特征,既不属于一行为触犯数罪名的想象竞合犯,也不属于手段与目的行为各自独立成罪的牵连犯,而是具有结果加重的特点。对于此种针对同一被害人实施的两种部分行为交叉重合的加害行为如何定罪处罚,在立法尚无明确规定的情况下,采用重度行为吸收轻度行为的方法,以故意伤害(致死)罪从重处罚,既符合罪刑法定原则,也有利于实现罪刑均衡,还可以达成避免重复评价与实现充分评价的有机统一。
The purpose of the referee The feature of compulsory sexual indecent assault on women with intentional injury and forced obscenity partly overlap with each other is neither a guilty conscientious object criminals nor a means and purpose of accomplices. Implicated, but with the result of aggravating the characteristics. How to convict and punish such acts of violence that the two kinds of behaviors performed by the same victim are overlapped and overlapped? If there is no explicit stipulation in the legislation, the act of absorbing mild acts by serious acts and the punishment of intentional injury (lethal ones) are severely punished , Which not only meets the statutory principle of crime and punishment, but also helps to achieve a balance of crime and penalty. It also achieves the organic unity of avoiding repeated evaluation and achieving full evaluation.