A classmate who witnessed Shi Hao's mother being beaten said, "The coach kicked him down, and Shi Hao's mother fainted when she landed on the back of her head. The coach thought he was faking it, then lifted his leg and kicked him a few feet and left. Later, we saw the mother poem with purple lips and reported it to the school. " However, afterwards, in the face of the mother Zhou who heard the news, Lin Lin lied that the child was in a coma.
Mother Shi Hao was beaten unconscious on the spot and was taken to the hospital. After diagnosis, she found that her mother Shi Hao had deep cerebellar hemorrhage.
After fighting for 25 days, he died on 17 in the evening of August 10 due to subarachnoid hemorrhage and severe intracranial injury.
Lin Lin, a physical education teacher and football team coach in yangjiaping middle school, has been handed over to the procuratorate by the local public security organs. According to the provisions on handling similar matters in China's Criminal Law, if the death of mother Shi Hao was really caused by Linlin's beating, she can be sentenced to fixed-term imprisonment of 10 years or more, life imprisonment or death penalty.
On July 27, 2009, Lin Lin was criminally detained by Jiulongpo Branch of Chongqing Public Security Bureau. 12 On August 2, Lin Lin was arrested with the approval of the local procuratorate and detained in Jiulongpo District Detention Center in Chongqing. On the morning of 201011,Jiulongpo District People's Procuratorate filed a public prosecution with Jiulongpo District People's Court on suspicion of intentional injury.
On September 8th, Shi Hao's mother was killed by Lin Lin, the coach of yangjiaping middle school, Chongqing. In Jiulongpo District People's Court of Chongqing, Lin Lin was convicted of negligent injury and sentenced to three years' imprisonment. At this time, it has been one year and 22 days since the end of the life of the mother poem Hao 14. In addition, the Jiulongpo District People's Court held that yangjiaping middle school had compensated his mother's family for 800,000 yuan in the civil part of this case, so Linlin did not need to make any compensation.
The trial lasted less than twenty minutes.
Lin Lin's wounding case was opened at 9: 40 am the day before yesterday. The only content is to read the verdict, less than 20 minutes. Because I didn't know that the verdict would be pronounced in this court session, only the mother Xianqiang and her attorney appeared in court, and many relatives of the Linlin family appeared in court, including Linlin's mother, who had seen her mother Shi Hao for the last time, and Linlin's wife, who had just given birth for more than half a year. When the judge sentenced Linlin to death for negligent injury, his mother was very angry. After appearing in court, mother Xianqiang immediately entered the Jiulongpo District Procuratorate and asked the public prosecution agency to protest against the judgment in this case. Mother Xianqiang said that the prosecution opinion submitted by the procuratorate to the court was to sue Linlin for intentional injury and death, and the final judgment was negligent injury and death, which was quite different from their expectations and he could not accept it. Whether it is intentional injury or negligent injury, there are two controversial focuses, one is "whether it belongs to subjective intention" and the other is "whether it belongs to surrender"
Focus 1
There is no intentional court: there is no subjective intention.
Is this intentional? Mother Xianqiang thinks it goes without saying that the medical records are all in: lung contusion, coccyx fracture, severe craniocerebral injury leading to central respiratory and circulatory failure and death. Without "intentional", will the child be beaten like this? In June, 5438+this year 10, when Lin Lin held her first court session, she said in dialect with tears, "I may have hurt him intentionally because he is my team member." Lin Lin also stressed in court that after seeing her mother Shi Hao in a coma, she called 120 emergency number with her mobile phone and paid the medical expenses in advance. The court finally ruled that Lin Lin had "no subjective intention".
Focus 2
Did you surrender to the court? It is regarded as voluntary surrender.
According to the indictment of the procuratorate, Lin Lin concealed the truth from the family of the deceased afterwards and did not surrender himself. Mother said first, "Linlin told us at first that the child hurt himself. He sent the child to the hospital. I didn't report the case until I learned the truth from other parents. Then he hid and there was nothing to surrender. " The process of Lin Lin's arrival in the case announced by the court is as follows: after the mother reported the case first, the public security personnel arrived in yangjiaping middle school, and President yangjiaping middle school called Lin Lin, so the latter went to school and was taken away by the police. The court concluded that Linlin surrendered himself. Mom first felt that it was a problem for Lin Lin to know that the police were waiting for him before going to school.