Appellant (plaintiff in the incidental civil action in the original trial) Peng, female, 1949 10, born in June, Han nationality, native of Xinyu City, Jiangxi Province, farmer, living in Shanggai Village, Fengzhou Village Committee, Nan 'an Township, Yushui District, Xinyu City. It's the wife of the victim Deng Wenda.
Authorized Agent: Deng Wenquan, male, 49 years old, Han nationality, native of Xinyu City, Jiangxi Province, farmer, living in Xiexiang Village, Fengzhou Village Committee, Nan 'an Township, Yushui District, Xinyu City. He is the younger brother of the victim Deng Wenda.
Authorized Agent: Lin Jinhua, lawyer of Xinyu Law Firm.
Appellant (defendant in the original trial) Yang Xiaoyong, male, born on September 24th, 1976, Han nationality, native of Xinyu City, Jiangxi Province, junior high school education, farmer's household registration of Fengzhou Village Committee of Nan 'an Township, Yushui District, Xinyu City. On February 22, 1999 1999, 1999, he was criminally detained, and was arrested according to law on February 24 of the same year. Now detained in Xinyu detention center.
The People's Court of Yushui District, Xinyu City tried the case that the People's Procuratorate of Yushui District accused the defendant of negligent death, and Peng, the plaintiff of the original incidental civil action, filed an incidental civil action. On April 2, 2000, it made a (2000) criminal incidental civil judgment No.87. Both the plaintiff Peng and the defendant refused to accept the appeal. Our court formed a collegiate bench according to law, read papers, questioned the appellant, listened to the opinions of the entrusted agent, found the facts clear, and decided not to hold a trial. The trial is now over.
Yushui District People's Court ruled:1999165438+10/9 in the afternoon, the defendant Yang Xiaoyong saw his neighbor Deng Wenquan building a toilet on his own peanut land, which occupied part of the land (the land was approved by the village group for Deng Wenquan to build a toilet), so he intervened and cooperated with him. The victim Deng Wenda asked the defendant Yang Xiaoyong why he hit Zhang Jiuying. As a result, there was a quarrel between the two sides. Deng Wenda grabbed Yang Xiaoyong's clothes, and the defendant Yang Xiaoyong gave Deng Wenda a hard push with both hands. The victim Deng Wenda immediately fell on the concrete floor, unconscious. He was sent to hospital for emergency treatment, but died on 26th, 2000 1 month. After the incident, the defendant Yang Xiaoyong surrendered himself to the public security organ on1October 20th with the number 1999+065438. Accordingly, the people's court of first instance found the defendant guilty of negligent death according to Articles 233 and 67, paragraph 1, of the Criminal Law of People's Republic of China (PRC) and Article 119 of the General Principles of the Civil Law of People's Republic of China (PRC), and sentenced him to three years' imprisonment, and compensated the plaintiff Peng for his economic loss of 88,666.97 yuan, limited to one-time payment within one month after the judgment came into effect.
The appellant Peng appealed to be convicted of intentional injury, and the defendant compensated the plaintiff for economic losses 139534.87 yuan. Its entrusted agent also holds the same view.
Appellant Yang Xiaoyong appealed that the original judgment found the facts unclear and the sentence was too heavy; Unclear division of civil liability; The calculation of economic loss is wrong. Deng Lan's actual age is 15, not 1 1. The mother should bear half of the maintenance fee 16200 yuan; The compensation for the death of the deceased should be 10 years.
It was found through trial that after the appellant Yang Xiaoyong had an argument with Deng Wenquan, Deng Wenda and others in front of his house, Deng Wenda grabbed Yang Xiaoyong's clothes, and the appellant Yang Xiaoyong pushed Deng Wenda, causing Deng Wenda to fall to the ground, hitting the right side of his head on the concrete floor, and was sent to the hospital for rescue and died. The following evidence proves that it is 1. Zhang Jiuying's testimony proved to be 1999. That night, Deng Wenda's three brothers and others went to Yang Xiaoyong's house. When they were talking, Vinda grabbed Xiao Yong's clothes by hand, and Xiao Yong gave Vinda a push. Vinda fell on the concrete floor, bleeding from the back of his head and ears. 2. Forensic identification confirmed that Deng Wenda's right parietal fracture of temporal bone was caused by a moving head hitting a stationary object, such as a fall. Deng Wenda suffered from severe craniocerebral injury and was in a coma for a long time, leading to systemic failure and death. 3. Xinyu People's Hospital 199965438+1 October19 proved that Deng Wenda died in 20001June 26th. 4. Deng Jianbing, the leader of the villagers' group of Fengzhou Village Committee in Nan 'an Township, and Deng Meiyu and Yang Ronghua, the villagers' representatives, proved that Deng Wenquan's toilet land was approved by the villagers' group planning. 5. The district criminal investigation brigade proved that Yang Xiaoyong 1999 165438+ surrendered himself to the brigade on the morning of1October 20th. 6. Confirmed the testimony of Zhong Xiuying, Deng Fayu, Deng Wenquan and Peng. The appellant Yang Xiaoyong also has a confession on file. The facts of this case are clear and the evidence is sufficient.
We believe that the appellant Yang Xiaoyong's negligent death caused by a neighborhood dispute has constituted the crime of negligent death. The original judgment was accurate and the sentence was appropriate. Appellant Peng and his entrusted agent demanded to be convicted of intentional injury and compensate for economic losses139,534.87 yuan. After investigation, the plaintiff put forward that the court of first instance should give full consideration to it in accordance with the law, and there was no new basis in the second instance, so it was not adopted. Appellant Yang Xiaoyong gave reasons for different facts, excessive sentencing and improper division of civil liability. After investigation, it is inconsistent with the facts and laws and will not be adopted. On the grounds that Deng Lan's age was wrong, our hospital sent someone to Nan 'an Township Police Station to check the household registration book of the township government in the 1980s and the household registration book of the police station in the 1990s again. Deng Lan was born on198965438+February 3rd. Therefore, the appellant Yang Xiaoyong's appeal reason that Deng Lan's age is wrong is not accepted. Appellant Yang Xiaoyong appealed that Deng Lan's mother should bear half of the alimony, and the calculation standard and method of death compensation were not clear. After investigation, the Marriage Law stipulates that parents have the obligation to raise and educate their children, so the appellant Peng should bear half of Deng Lan's alimony, totaling RMB 8 100. It is also found that the death compensation of 32,400 yuan is calculated according to 15 years. However, according to the relevant national laws and regulations, the maximum period of death compensation is 10 year, and the first instance is 5 years. The appellant Yang Xiaoyong's appeal grounds are established and should be corrected. The appellant Yang Xiaoyong's compensation for Deng Wenda's death should be 2 1600 yuan. There is no problem in the first-instance judgment of other compensation matters. Accordingly, the appellant should compensate the plaintiff Peng for his economic loss of 69,766.97 yuan (including medical expenses of 32,833.67 yuan, transportation expenses of 443.7 yuan, nutrition expenses of 6 12 yuan, nursing expenses of 2,937.6 yuan, funeral expenses of 3,240 yuan, Deng Lan's support of 8 100 yuan, and death compensation of 21). Accordingly, according to the provisions of Item (1) of Article 189 of the Criminal Procedure Law of People's Republic of China (PRC) and Item (3) of Article 153 of the Civil Procedure Law of People's Republic of China (PRC), the judgment is as follows:
First, the first item of the criminal incidental civil judgment No.87 issued by Yushui District People's Court (2000) was upheld, that is, the defendant Yang Xiaoyong committed the crime of negligent death and was sentenced to three years' imprisonment.
Second, the second item of the criminal incidental civil judgment (Yushui District People's Court (2000) No.87) was revoked, that is, the defendant compensated the plaintiff Peng for the economic loss of 88,666.97 yuan.
Third, the appellant was amended to compensate the plaintiff Peng for the economic loss of 69,766.97 yuan, which was limited to a one-time payment within one month after the judgment came into effect.
This is the final judgment.