Yang jianxing Fu Zi (20 1 1) No.253
Jiang, male,/kloc-0, born on August 8, 1985, Han nationality, bachelor degree, from Jing 'an District, Shanghai, ID number [* * * * * * * *], unemployed, living in Changle Road, Jing 'an District, Shanghai1408,201/kloc.
Zhou, male, born on May 26th, 1985, Han nationality, bachelor degree, from Jing 'an District, Shanghai, ID number [* * * * * * * *], unemployed, living atNo. Ciyun Street 165438, Xuhui District, Shanghai.
The case of the defendants Jiang and Monday was put on file for investigation by Yangpu District Public Security Bureau on September 20th, 20 1 1, and was transferred to our hospital for review and prosecution on September 20th, 201/. After investigation, the criminal facts of the defendants Jiang Xiaolong and Zhong Xiaohui are as follows:
Jiang, a defendant living in Pudong community, and Zhou, another defendant (two college classmates) often travel together. 2011September 14 at 7 pm, they drove to hongkou football stadium to watch the Super League (Shenhua vs Evergrande). Because there were many parking spaces before the competition, the two defendants had a fierce dispute with the victim Zhou for the parking space, so the defendant Jiang took out a baseball bat from the car and beat the victim Zhou, and the other defendant Zhou grabbed Zhou's hands and feet under the pretext of fighting, causing the victim's head to be hit by a baseball bat. Witness Mao Nianfei called 1 10 to report the case and sent the victim Tian Wuji to Shanghai Changjiang Hospital in Hongkou District for treatment. The attending doctor diagnosed him with concussion and deep coma. Police officers Liu and Kerwin Chen arrested two defendants on the spot, and obtained evidence gloves and baseball bats on the spot.
The evidence is as follows:
1, household registration certificate
2. The supply and demand of criminal suspects
3, the victim's statement
4. Testimony of witnesses
5, injury appraisal opinions
6. Physical evidence
7. Community surveillance video
8, on-site inspection records
9. Identify photos
10, reporting and arrest process
The facts of the above cases are confirmed by witness testimony, expert conclusion, material evidence, documentary evidence and photos. Defendants Jiang Xiaolong and Zhong Xiaohui also made confessions and excuses. The facts of this case are clear and the evidence is indeed sufficient.
To sum up, the defendants Jiang and Zhou intentionally and illegally harmed the health of others, resulting in the third-degree disability of the victim on Wednesday, which has violated the provisions of the first paragraph of Article 234 of the Criminal Procedure Law of People's Republic of China (PRC) and constituted the crime of intentional injury. In order to maintain social order, our hospital is in accordance with the provisions of Article 72 of the Criminal Procedure Law of People's Republic of China (PRC).
To prosecute this case, please make a judgment according to law.
Hereby:
Shanghai Yangpu District People's Court Shanghai Yangpu District People's Procuratorate Procurator-General: Tang Zhoushao
200 1 September 2 1
Attachment: (I don't know this-_-! )
Sentencing opinion
Yang Jian (20 1 1) No.253
In the case that the defendants Jiang and Zhou were suspected of intentional injury, our court held that the defendants Jiang and Zhong intentionally and illegally harmed the health of others, resulting in the third-degree disability of the victim Zhou, which had violated the provisions of the first paragraph of Article 234 of the Criminal Procedure Law of People's Republic of China (PRC). The facts of the crime are clear and the evidence is indeed sufficient. He should be investigated for criminal responsibility for intentional injury, and the statutory penalty is 3 years. Therefore, according to Article 234 of the Criminal Procedure Law of People's Republic of China (PRC), it is suggested that the defendant be sentenced to three years' imprisonment.
I am here to convey
Shanghai Yangpu District People's Court