Appellant (
Criminal incidental civil plaintiff)
XXX, male, Han nationality,
6 1
Years old, living in a certain place
A village, telephone:
Appellee (civil defendant incidental to criminal proceedings)
Li, male, Han nationality,
32
Years old, a certain
Villagers detained on suspicion of trespassing.
Detention center
The appellant was accused by the appellee.
Crime of trespassing on houses
In the case of criminal incidental civil compensation,
Rejection is the final result.
People's Court of Fan County, Henan Province (
20 12
) exemplary punishment at the beginning
128
No.1 criminal incidental civil judgment
Book, now appeal according to law.
Appeal request:
1
Change the sentence according to law (
20 12
) exemplary punishment at the beginning
128
The first sentence, the first sentence, right?
screen
The plaintiff should be severely punished according to law.
Judge;
2
、
Change the sentence according to law (
20 12
) exemplary punishment at the beginning
128
The second item of judgment No.2,
Judge yes
The appellant compensates the appellant.
Medical expenses, nutrition expenses,
Hospitalization food allowance, lost time,
nurse
Expenses, transportation expenses and other economic losses * * *
1 13840
Yuan.
Facts and reasons:
First, the court of first instance ruled that the appellee's sentence was too light and should be severely sentenced according to law;
20 12
year
seven
moon
22
night
20
At that time,
defendant
Li moumou,
nautical/sea mile
(at large)
Two men with murder weapons forced their way into the house and broke into the house for no reason.
Petitioner
There's trouble at home, right?
Petitioner
Drag one's feet
Kicking, causing the appellant's front teeth to be knocked out,
I was stabbed in the arm and bleeding profusely. Two people look.
The appellant could not move and walked away. When the local police station hasn't arrived yet,
The appellee returned for the second time,
And hit the old man twice.
When the police arrived,
Send someone at once
The appellant was sent to Fanxian Chinese Medicine Hospital for treatment, and only the arm wound was sutured.
20
Needle,
20 12
year
seven
moon
25
The Forensic Medicine Clinic of Xigaze County Public Security Bureau appraised the appellant's injury, and the appraisal conclusion is as follows.
Minor injuries.
The appellee broke into the old people's house twice, defiant and lawless,
In this undertaking,
The old man didn't realize his mistake after being injured and hospitalized.
I never once apologized to the old man.
The meaning of,
That's ridiculous.
The appellee showed no repentance after breaking into the house.
now
If the victim has the financial ability to pay compensation but fails to pay it,
Didn't get in either.
Do any spiritual comfort.
After the old man was injured,
His family didn't get the appellee and his family.
Any apology and corresponding compensation,
Another criminal is still at large,
Bring it to the appellant
Potential threat to personal safety,
The appellee himself has always been tough.
In the hair
The court still refused to plead guilty and showed no intention of repentance, which frightened the appellant. Audience.
Anger.
The appellee's barbaric behavior destroyed his body and mind,
I still feel dizzy.
At a loss.
The law protects citizens' houses from illegal infringement.
The appellee not only broke into the house by force.
House,
Chopped the appellant,
Causing serious consequences,
Belong to the crime of * * *,
The means are fierce,
Social influence is not good,
Without severe punishment, people's anger is not enough.
Although the public prosecution agency of first instance has no right to be arrested
The plaintiff was sued for intentional injury,
The court of first instance did not intentionally harm the appellee.
Acts harmful to sentencing,
But the appellee's intentional injury is objective,
And the reason
The serious consequences of the appellant's minor injuries,
Is it true that the appellant illegally intruded into other people's houses among the appellee?
Was it just a coincidence or self-mutilation that you were slightly injured that night? If we can't get criminals from
Severe punishment,
You can't quell public anger,
It is impossible to completely protect the legitimate rights and interests of law-abiding people from illegal activities.
Infringement prescribed by law.
The appellee's criminal behavior completely ignored morality and law,
It ignores others.
The behavior of life and property safety,
Is a challenge to human dignity and law,
There will be no severe punishment.
Can defend the dignity of others and the authority of the law,
Tolerance of criminal behavior will lead to more crimes.
Sin goes with you.
So I asked for a second trial.
On the basis of the judgment of the first instance, the court severely punished the appellee.
earnestly practise what one advocates/preaches
In order to maintain the authority of law, we should adopt corresponding criminal law principles.
Second,
If the judgment of first instance fails to support the economic compensation requested by the appellant, the judgment shall be revised according to law.
Li Moumou, the appellee, ignored national laws and regulations,
Ignoring the safety of others' lives and property,
strong
Break into houses,
Property losses caused to the appellant by his criminal acts,
obey the law
Should be compensated. According to the Criminal Procedure Law of People's Republic of China (PRC)
77
the first
1
Paragraph provides that:
If the victim suffers material losses due to the defendant's criminal behavior,
In the course of criminal proceedings
Have the right to file an incidental civil action. "
And related laws and regulations,
The appellant has the right to apply for seizure according to law.
For civil litigation,
However, the judgment of first instance did not support the appellant's request for economic compensation.
Real law
Inconsistent.
To sum up, we request the court of second instance to change the judgment of first instance according to law.
Comfort the victims.
Who, calm the public anger, warn the world, correct the law and discipline, and show justice!
I am here to convey
Puyang Intermediate People's Court
Appellant:
20 13
year
1
moon
3 1
sun