Yang Feifei, intentional injury, criminal judgment.
The public prosecution organ is the People's Procuratorate of Yantai Economic and Technological Development Zone.
Defendant Yang Feifei, male, born on, Han nationality, junior high school education, personal, native of Tianmen City, Hubei Province, registered in Tianmen City, Hubei Province, and now lives in Yantai Economic and Technological Development Zone. 20 14 was administratively detained by Jianghan Oilfield Public Security Bureau of Hubei Province on March 4th for taking drugs 10 day. On May 5th, 20 17, he was criminally detained by Economic and Technological Development Branch of Yantai Public Security Bureau on suspicion of intentional injury, and was released on bail pending trial on May 2nd of the same year.
Trial process
The People's Procuratorate of Yantai Economic and Technological Development Zone of Yantai City accused the defendant Yang Feifei of intentional injury with indictmentNo. [20 18]94, and filed a public prosecution with our hospital on March 18, 2008. After filing the case, the court formed a collegiate bench according to law and held a public hearing. The People's Procuratorate of Yantai Economic and Technological Development Zone of Yantai City appointed procurator Teng Jie and attorney Zhu Xiaotong to appear in court to support the public prosecution, and defendant Yang Feifei attended the lawsuit. The case has now been closed.
Request situation
The People's Procuratorate of Yantai Economic and Technological Development Zone in Yantai City accused: At 4 o'clock on September 16, 2006, the defendant Yang Feifei and his wife Huang Weijuan and the victim Xie Mou and his wife Li Huali had a dispute over the morning booth, which led to a fight. Subsequently, Yang Feifei beat Xie's wife Li Huali with a parasol pole, and Xie rushed forward to grab the parasol pole with Yang Feifei. During this period, Xie's arm was stabbed with the tip of the bottom of the parasol pole. After identification, Xie's left upper limb nerve injury and left thumb dysfunction were minor injuries.
In view of the facts of the above allegations, the public prosecution agency provided the court with corresponding evidence to confirm it. The public prosecution agency believes that the defendant Yang Feifei intentionally harmed the body of others, and his behavior violated the provisions of the first paragraph of Article 234 of the Criminal Law of People's Republic of China (PRC). The facts are clear and the evidence is true and sufficient, which constitutes the crime of intentional injury and is submitted to our hospital for punishment according to law.
Defendant's point of view
Defendant Yang Feifei has no objection to the alleged criminal facts and charges.
Case facts
It was found through trial that at 4 o'clock on September 19, 2065438, the defendant Yang Feifei and his wife Huang Weijuan and the victim Xie Mou and his wife Li Huali had a dispute over the morning booth and caused a fight. Later, Yang Feifei beat Xie's wife Li Huali with a parasol pole, and Xie went forward and grabbed the parasol pole with Yang Feifei. During this period, Xie's arm was stabbed with the bottom of the parasol pole, and Xie's left upper limb nerve.
After the incident, Xie has been compensated for a loss of 50,000 yuan and obtained an understanding.
Defendant Yang Feifei has no objection to the above facts, which is confirmed by evidence such as witness testimony, forensic physical injury degree appraisal, price appraisal conclusion, inquiry record, arrival at the case, victim's statement and defendant's confession.
Court view
We believe that Yang Feifei, the defendant, intentionally injured others' bodies and caused minor injuries, and his behavior has constituted the crime of intentional injury. The fact that the public prosecutor accused the defendant Yang Feifei of intentional injury was established. Defendant Yang Feifei has surrendered himself, so he can compensate the victim for his losses and get an understanding, and can be given a lighter punishment. After entrusted investigation and evaluation, the defendant Yang Feifei had no significant adverse effects on the community where he lived, and was suspended in accordance with the law. According to the facts, nature, circumstances and the degree of harm to society of the crime in this case, and in accordance with the provisions of Article 234, paragraph 1, Article 67, paragraph 1, Article 72 and Article 64 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
Case results
1. Defendant Yang Feifei was convicted of intentional injury and sentenced to eight months' imprisonment, suspended for one year.
(The probation period of probation shall be counted from the date when the judgment is determined. )
Two, the sun umbrella poles seized for criminal use shall be confiscated.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Yantai City, Shandong 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.