Party information
Criminal cases are accompanied by civil judgments.
The public prosecution organ is the People's Procuratorate of Yueqing City, Zhejiang Province.
Plaintiff in incidental civil action * * *, engaged in business. Is the victim of this case.
Authorized Agent: Cai Jian, lawyer of Zhejiang Lianying (Yueqing) Law Firm.
Defendant Lu Ping, alias Lu Hengmiao, farmer. He was administratively detained for two days on September 20 18 10 for gambling. He was arrested on 20 15, 15,19 on suspicion of intentional injury. He was detained in criminal detention the next day and was arrested in the same year1October 4 165438. Now detained in Yueqing Detention Center.
Defender Wang Xiaofei, lawyer of Zhejiang Le Tai Law Firm.
Trial process
Yueqing Municipal People's Procuratorate accused the defendant Lu Ping of intentional injury with indictment No.2004. (20 15)2259, and filed a public prosecution with our hospital on February 23, 20 15. In the course of litigation, the plaintiff of incidental civil action * * * filed an incidental civil action with our court. On the same day, our hospital filed a case, formed a collegiate bench according to law, and held a joint trial in public. Yueqing Municipal People's Procuratorate entrusted agent Jin Xiaoyu to appear in court to support the public prosecution, accompanied by plaintiff * * * * and its entrusted agent Cai Jian, defendant Lu Ping and his defender Wang Xiaofei. The trial is now over.
Case facts
It was found through trial that at about 15, 10, 19 and 18, the defendant Lu Ping had an argument with his wife * * * *, and then * * * fell to the ground, and the defendant Lu Ping kicked the wooden stool. The forensic identification of Yueqing Public Security Bureau showed that * * * suffered blunt abdominal violence, which led to rupture of the spleen, and she was hospitalized for exploratory laparotomy and splenectomy. During the operation, it was found that the hematocele in the abdominal cavity was about 65438 0.200 ml, the diaphragm in the middle of the spleen was ruptured, and the splenic hilum was ruptured with active bleeding, and the degree of injury constituted a second-degree serious injury.
It was also found that the defendant Lu Ping often quarreled and beat the victim because of trivial matters in his daily life.
Defendant Lu Ping had no objection to the above facts during the trial, and had physical evidence bench, case acceptance registration form, seizure list, medical record, criminal record verification certificate, administrative punishment decision, household registration certificate, witnesses Xu Mouyi, Lu Mou, Xu Moubing, Xu Mouding, Xiang Mouyi, Xiang Mouyi, Xu's testimony, case process and victim * * *.
Plaintiff * * * in incidental civil action was hospitalized after being injured 17 days, and spent 20,696.53 yuan on medical expenses. Appraised by Wenzhou Tianzheng Judicial Appraisal Institute, the disability level of * * * * is eight; Length of missed work 120 days, nursing time 60 days and nutrition time 90 days (calculated from the date of injury); After the treatment, there is no necessary follow-up treatment cost. According to relevant regulations, the plaintiff's economic losses in incidental civil action include lost time 15828 yuan, nursing fee 79 14 yuan, nutrition fee 2700 yuan, disability compensation 165438 yuan, appraisal fee 1760 yuan, and transportation fee 1000 yuan.
The above facts are confirmed by evidence such as inpatient medical records and outpatient medical records, informed consent for surgery, medical expense invoices, medical expense lists, appraisal fee invoices, judicial appraisal opinions, and copies of ID cards.
Court view
We believe that Lu Ping, the defendant, had a dispute over trivial matters and intentionally injured others' bodies, which constituted the crime of intentional injury. The facts of the crime accused by the public prosecution agency are clear, the evidence is sufficient and the charges are established. The defender suggested that the defendant Lu Ping had surrendered himself, demanded a mitigated punishment and was sentenced to probation. This defense opinion is inconsistent with the facts ascertained and the evidence ascertained, and this court will not accept it. The defendant Lu Ping's criminal behavior caused the plaintiff in the incidental civil action to suffer economic losses and should be liable for compensation. Plaintiff * * * and his entrusted agent in incidental civil action claim that defendant Lu Ping is subjective and vicious, ignores basic interpersonal relationships, and often beats and insults the victim because of trivial matters, causing serious damage to the victim's body and mind, and should be severely punished, and at the same time bear civil liability for compensation according to law. This appeal is supported by this court. The sentencing proposal put forward by the public prosecution agency to sentence the defendant Lu Ping to fixed-term imprisonment of not less than three years but not more than five years is appropriate and adopted by our court. According to the facts, circumstances, harmful consequences of the crime and the defendant's confession and repentance, in accordance with the provisions of Article 234, paragraph 2, Article 67, paragraph 3, Article 36 of the Criminal Law of People's Republic of China (PRC), Article 106, paragraph 2, Article 119 of the General Principles of the Civil Law of People's Republic of China (PRC), and Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases,
Case results
1. Defendant Lu Ping was convicted of intentional injury and sentenced to four years and eight months in prison.
(The term of imprisonment shall be counted from the date of execution of the judgment. In case of detention before the execution of the judgment, one day of detention is converted into one day of imprisonment, that is,1October 20 15 to 19 to June 2020 18).
2. Defendant Lu Ping should compensate the plaintiff in the incidental civil action for economic losses totaling RMB 166646.53 yuan. Within ten days from the date when the judgment takes effect, it shall be handed over to our hospital.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Wenzhou City, Zhejiang Province through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.
Presiding Judge Zhao Shaohua
People's Juror Zheng Zibin
People's juror Zheng
1918 February 6