The defendant Ma Mouping, *, Han nationality, primary school education, was sentenced to seven years in prison and fined 5,000 yuan by the Yuyang District People's Court of Yulin City on December 31, 2002 for committing the crime of theft, in 2010 He was released after serving his sentence on October 27, 2016. On October 13, 2020, he was criminally detained by the Baota Branch of the Yan'an Public Security Bureau for the crime of intentional injury. On October 22 of the same year, he was arrested with the approval of the Baota District People's Procuratorate, and the arrest was carried out the next day. He is currently detained at the Baota District Detention Center of Yan'an City.
The Baota District People’s Procuratorate of Yan’an City accused the defendant Ma Mouping of committing intentional injury in Indictment No. 367 of Bao District Court Criminal Litigation [2020], and filed a public prosecution with this court. This court formed a collegial panel in accordance with the law and held the hearing in public. The case was heard. The People's Procuratorate of Baota District, Yan'an City assigned prosecutor Jing Xin to appear in court to support the prosecution in accordance with the law. The defendant Ma Mouping attended the court to participate in the proceedings. The trial is now concluded.
After trial, it was found that: at about 22:00 on December 31, 2017, at the entrance of Shifogou Village, Zaoyuan Street Office, Baota District, Yan'an City, the victim Yang Mouchun had an argument with the drunken defendant Ma Mouping because of drunkenness. A fight broke out over trivial matters. The victim Yang Mouchun hit the defendant Ma Mouping several times with his fists, and the defendant Ma Mouping punched the victim's forehead, head, back neck and nose several times with his fists. As a result, the victim Yang Mouchun was injured and hospitalized for treatment. On April 2, 2018, the victim Yang Mouchun's injury was identified as minor injury level two.
The defendant had no objection to the above facts during the trial and voluntarily signed the "Recognition of Plea and Punishment". At the same time, there was a case registration form, the arrest process, the defendant's confession, the victim's statement, Witness testimonies, criminal case scene identification records and photos, identification records and photos, injury appraisals, diagnosis certificates, outpatient medical records, criminal judgments, release certificates, the process of arriving at the case, audio-visual materials and other evidence confirmations. Audio-visual materials and other evidence are sufficient for determination.
This court believes that the defendant Ma Mouping intentionally harmed the health of others and caused minor injuries of the second degree, and his behavior constituted the crime of intentional injury. The charges charged by the public prosecution agency are found guilty and should be punished in accordance with the law. After the defendant Ma Mouping arrived at the case, he could truthfully confess the facts of the crime, plead guilty and accept punishment, and voluntarily sign the "Plea and Punishment Recognition Agreement", so he could be given a lighter punishment. Combined with the defendant Ma Mouping's criminal circumstances, repentance performance and social harm. In accordance with the provisions of Article 234, paragraph 1, Article 67, Article 45, and Article 47 of the "Criminal Law of the People's Republic of China", the verdict is as follows:
The defendant Ma Mouping was guilty of intentional injury and was sentenced to one year in prison (the sentence is calculated from the date of execution of the judgment. (One day of detention before the execution of the judgment is equivalent to one day of the sentence, that is, from October 13, 2020 to Ending October 12, 2021)
If you are not satisfied with this judgment, you can appeal in writing through this court or directly to the Intermediate People’s Court of Yan’an City, Shaanxi Province within ten days from the second day after receiving the judgment. If you appeal, you must submit one original copy and two copies.