Chen Mou's case of obstruction of official duties
Shanghai Huangpu District People's Court
criminal judgement
(20 12) Huangpu Punishment Zi ChuNo. 183
Public prosecution hospital.
Defendant Chen Mou.
Defender Ma Mou, lawyer of a law firm in Shanghai.
A hospital charged the defendant with the crime of obstruction of official duties with an indictment of Shanghai-Huang Criminal Inspection [20 12], and filed a public prosecution with our hospital on March 12, 2002. Our court decided to apply summary procedure according to law and tried the case publicly. Our court entrusted agent Yang to appear in court to support the public prosecution, and the defendant and his defenders attended the proceedings. The trial is now over.
A hospital accused the defendant of bumping into Wang's battery car when passing a certain number in this city at around 09: 30 on 12/0/0/2. After the negotiation between the two failed, Wang dialed "1 10". After receiving the police, police officer Shen of Huangpu Public Security Bureau and others rushed to the scene of the accident for disposal. The defendant Chen Mou had another argument with the onlookers. Shen stepped forward several times to dissuade him, and was later punched in the face. After identification, Shen's maxillary frontal process fracture with dislocation constitutes a minor injury of Grade II; There is no obvious displacement of nasal bone fracture, which is a minor injury. Defendant Chen Mou was summoned by the public security organ after being subdued by the police. The public prosecution agency believes that the defendant Chen Mou's behavior has violated the first paragraph of Article 277 of the Criminal Law of People's Republic of China (PRC), and should be investigated for criminal responsibility for the crime of obstructing official duties. The defendant Chen Mou truthfully confessed his crimes, and the third paragraph of Article 67 of the Criminal Law of People's Republic of China (PRC) was applicable, and he could be given a lighter punishment. It is suggested that the defendant Chen Mou be sentenced within the penalty range of 1 year imprisonment.
The above facts include the statement of the victim Shen; Written testimony and identification records of witnesses Wang and Zhang; Written testimony of witnesses Yao and Chu; Surveillance video materials involved; Inspection notice and injury photos of the victim Shen; Judicial expertise opinion of the Judicial Appraisal Center of Shanghai Medical College of Fudan University; Work records issued by public security organs; Criminal record materials of the defendant Chen Mou; The confession of the defendant Chen Mou and other evidence confirm that it is sufficient to confirm.
Defendant Chen Mou has no objection to the facts and charges accused by the public prosecution agency. After being informed of the relevant legal provisions and possible legal consequences, the defendant Chen Mou voluntarily pleaded guilty and asked the court to give him a lighter punishment. Defender of defendant Chen Mou has no objection to the facts and nature of the accusation, and put forward the following defense opinions: Chen Mou pleaded guilty after arriving at the case; Chen Mou drunk crime; Chen Mou suffers from chronic diseases. To sum up, the court is requested to give Chen Mou a lighter punishment and sentence him within the penalty range of less than 6 months.
Our court believes that the defendant Chen Mou violently obstructed the people's police from performing their duties according to law, and his behavior has constituted a crime of obstructing official duties, which should be criminally punished according to law. Defendant Chen Mou truthfully confessed his crimes and was given a lighter punishment according to law. In view of his voluntary confession, he may be given a lighter punishment as appropriate. Accordingly, in accordance with the provisions of the first paragraph of Article 277 and the third paragraph of Article 67 of the Criminal Law of People's Republic of China (PRC), the judgment is as follows:
Defendant Chen Mou was convicted of nuisance of official duties and sentenced to seven months' imprisonment.
(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment, that is, from 20 12 12 0 to 20 1 August1. )
If you refuse to accept this judgment, you can appeal to the Shanghai No.2 Intermediate People's Court through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, an original and a copy of the appeal shall be submitted.
Presiding judge Wu Mingfeng
20 12 March 22nd
Bookkeeper xing Jian