2026年4月21日10时，上海市第一中级人民法院依法对上海市人民检察院第一分院指控被告人赵雨蝶犯虐待罪、故意伤害罪一案公开宣判：对被告人赵雨蝶以虐待罪判处有期徒刑二年；以故意伤害罪判处死刑，缓期二年执行，剥夺政治权利终身，决定执行死刑，缓期二年执行，剥夺政治权利终身。

A woman has been given a suspended death sentence for fatally abusing a 3-year-old boy in Shanghai, a local court said on Tuesday.

The Shanghai No 1 Intermediate People's Court found the defendant, Zhao Yudie, guilty of both abuse and intentional injury. She was sentenced to two years in prison for abuse and to death with a two-year reprieve for intentional injury, along with lifelong deprivation of political rights.

经法院审理查明：2024年7月至8月23日，被告人赵雨蝶在与男友黄某理及黄某理儿子即被害人黄某某共同生活期间，以黄某某顽皮不听话等为由，频繁采用殴打背部、臀部、腿部等处及牙咬腿部等方式实施虐待。同年8月24日傍晚，赵雨蝶在上海市浦东新区一开放式公园内，因不满黄某某乱跑等原因，多次用手拍打黄某某头面部，并用树枝抽打、用脚踢踹黄某某身体其他部位等。其间，赵雨蝶还将黄某某从河道岸堤下斜坡拎甩至堤面，致黄某某侧身倒地后头部撞击地面。当日20时许，黄某某在家中昏迷倒地，赵雨蝶即将其送至医院抢救。黄某某因抢救无效于同年9月4日死亡。

The victim was the son of Zhao's boyfriend. According to the court, Zhao repeatedly assaulted the child between July and August 2024 while living with the family, citing the boy's "disobedience" as the reason. The abuse included beating his back, legs and buttocks, as well as biting his legs.

On Aug 24, 2024, Zhao escalated the violence at a public park in Shanghai's Pudong New Area, striking the child's head and face, beating him with a tree branch and kicking him. She also lifted and threw him from a slope onto the ground, causing his head to hit the surface.

The boy later collapsed at home and was taken to hospital, but died on Sept 4 despite treatment.

经鉴定，被害人黄某某系钝性外力作用致颅脑损伤，引起中枢神经系统功能障碍死亡；黄某某2024年8月24日晚就诊时体表多处皮肤软组织挫伤已达轻伤一级，其中背部皮肤软组织挫伤达到轻伤一级，面部、胸部皮肤软组织挫伤分别达到轻微伤，左小腿咬伤致皮肤破损达到轻微伤。

2024年8月29日，公安机关在赵雨蝶暂住处将其抓获。赵雨蝶到案后，如实供述了主要犯罪事实。

A forensic examination found he died from severe cranial injuries caused by blunt force trauma, along with multiple other injuries across his body.

Zhao was arrested on Aug 29, 2024, the court said.

法院认为，被告人赵雨蝶虐待年仅三岁的家庭成员黄某某，情节恶劣，其行为已构成虐待罪；被告人赵雨蝶故意伤害黄某某致其死亡，其行为已构成故意伤害罪，依法应数罪并罚。法院根据被告人赵雨蝶犯罪的事实、性质、情节和社会危害程度，依法作出上述判决。

The court ruled that although Zhao did not intend to cause the child's death, she knowingly carried out violent acts that led to the fatal outcome, constituting intentional injury resulting in death. Under Chinese law, such offenses carry penalties ranging from long-term imprisonment to the death penalty.

The court also said there was no evidence that the child's father was involved in, or aware of, the abuse.

被害人家属，部分人大代表、政协委员，新闻媒体记者旁听了宣判。

来源：人民日报客户端 上海日报