A retired teacher in Chongqing opened his crotch wide and touched the girl's private parts in public, watching the crowd： disrespectful for the old.

　　Case review

　　In June this year, an angry thing happened in a park in Chongqing.

　　"Mom, an old man touched my bottom and hurt me, blare blare …" A little girl cried and told her mother what had happened to her.

　　"Come on, mom will take you to him, this old rascal, who dares to bully my daughter." The woman angrily tugged at the little girl's hand and walked towards a flower bed in the park. I saw an old man standing next to the flower bed who looked like he was over 70 years old, and his crotch zipper was not pulled, which made the woman very embarrassed.

　　What the hell is going on here? How dare this old man do such a nasty thing in public?

　　It turned out that on a Sunday, Ms. Wu wore a floral dress for her 10-year-old daughter Xiaomeng (a pseudonym) and took her to the park in the county town to play. Just now, she went to the toilet by herself and left her daughter alone near the flower bed, and told her not to run around and wait for herself to come out.

　　However, as soon as Ms. Wu went to the toilet, an old man walked beside Xiaomeng. At first, she boasted that Xiaomeng was really beautiful and must be a big beauty when she grew up. Little dream is simple. When I saw an old man praising her, I was very happy, so I said thank you.

　　After praising Xiaomeng for a while, the old man began to ask Xiaomeng where he went to school, what grade he went to, and how he studied. Xiaomeng told the old man truthfully. The old man told Xiaomeng that he was a retired teacher. What about the math test for Xiaomeng, who taught math before? Xiaomeng was unprepared and readily agreed.

　　You asked me for a long time, and the old man let Xiaomeng sit on the flower bed. Xiaomeng didn't know that the nightmare had just begun. The old man deliberately asked Xiaomeng to close her eyes and answer questions. When she answered all the questions, she would give Xiaomeng a small gift as a reward.

　　But when Xiaomeng closed his eyes to answer the question, the old man's hand began to get restless. At first, he just stroked Xiaomeng's hair and back. Xiaomeng felt uncomfortable, so he said something and the old man stopped.

　　Just as Xiaomeng closed his eyes again and waited for the old man to ask questions, the old man suddenly opened Xiaomeng's skirt and touched Xiaomeng's bottom with his hand, which startled Xiaomeng and quickly ran away and cried for help.

　　There was also a crowd around, and the old man was not allowed to leave. When Xiaomeng's mother came out of the toilet, the first scene happened. Finally, with the help of Xiaomeng's mother and the kind people, the old man was sent to the police station.

　　Interpretation by case

　　This case is a typical case of molesting a young girl. Xiaomeng in the case is only 10 years old and belongs to a minor. The specific age of this old man needs to be checked by the local police station, but his behavior has constituted an infringement on Xiaomeng.

　　However, according to the fact that the case has been exposed, the old man's behavior has constituted the crime of molesting children and should be punished by China's Criminal Law. According to the relevant provisions of China's Criminal Law on the crime of child molestation, what the old man did to Xiaomeng has constituted all the elements of the crime of child molestation.

　　First of all, there is no doubt that the old man aims at satisfying his own sexual stimulation or desire. From the fact, he is close to waiting for his mother's little dream alone, and his purpose is not pure. After he approaches the little dream, he induces the little dream to reduce his defensive psychology by various means, and then commits crimes.

　　According to China's "Official Reply of the Supreme People's Court on How to Divide the Age Limits of Infants, Infants and Children in Human Trafficking Cases", it is indicated that "children are over six years old and under fourteen years old". Xiaomeng is only ten years old and should belong to children.

　　Children's intelligence and personality development are not perfect, and their cognition of right and wrong is not complete. They belong to people without civil capacity and should be specially protected.

　　Secondly, the elderly actually commit obscenity to dreams, the most critical of which is touching, which is the most common sexual assault on girls. In China's judicial practice, touching is the most common act of molesting girls and should be severely cracked down.

　　Moreover, the old man committed obscene acts against Xiaomeng in a public place like a park, which caused a bad social impact and trampled on Xiaomeng's physical and mental health and personal dignity.

　　Finally, the crime of child molestation is not judged by the subjective intention of the actor, that is, as long as the actual obscene behavior occurs, whether it is intentional or not.

　　In this case, from the beginning, the old man stared at the little dream of waiting for his mother alone, and finally committed obscene behavior, which was premeditated, not a whim, and should be judged as intentional infringement.

　　Then, we can conclude that the old man's behavior has constituted the crime of child molestation, but how to punish him?

　　According to informed sources, after the old man was turned over to the police station, the police station came forward to find his family. After checking his identity card, the old man was 78 years old. According to the provisions of the Criminal Law of China on the age of criminal responsibility, if the old man who has reached the age of 75 has committed intentional crimes, he can be given a lighter or mitigated punishment.

　　This is an authorized provision, that is, a lighter or mitigated punishment belongs to the judge's judgment based on the facts, and it can be lighter or mitigated, or it can not be lighter or mitigated.

　　Secondly, according to the provisions of China's Criminal Law, the act of gathering people or molesting children in public places should be severely punished. This is based on the seriousness of child molestation, which is mandatory, that is, the court must strictly abide by it in the trial.

　　Therefore, according to the provisions of China's Criminal Law, the old man should be punished for molesting children in public and sentenced to more than five years in prison.