Criminal incidental civil judgment
(20 12) huixing Zi Chu No.1 19
Huixian city People's Procuratorate, the public prosecution organ.
Plaintiff Xu Aiping, 40-year-old female, Han nationality, was involved in the incidental civil action.
Defendant Li Yonghui, male, Han nationality,1born in July 1979. 20 1 1 1 year1October 28th was released on bail by huixian city Public Security Bureau on suspicion of intentional injury, and was detained in criminal detention on February 27th, 201year, and arrested on February 27th of the same year.
Defender Zhang Qizong, lawyer of Gansu Chengzhou Law Firm.
Huixian city People's Procuratorate accused the defendant of intentional injury with Huixian Criminal Inspection Zi (20 12) No.04 indictment, and filed a public prosecution with our hospital on 20 12+ 10/7. In the course of litigation, Xu Aiping, plaintiff of criminal incidental civil action, filed an incidental civil action with our court. Our court formed a collegial panel according to law and held a public hearing to jointly hear the case. The People's Procuratorate of huixian city appointed prosecutor Mu Tao to appear in court to support the public prosecution, and plaintiff Xu Aiping, defendant Li Yonghui and defender Zhang Qizong in the criminal incidental civil action attended the proceedings. At present, the trial has ended.
The People's Procuratorate of huixian city alleged that at about 1 10 in August 2009, the suspect Li Yonghui was shoveling snow on the water road behind the house. Neighbor Xu Aiping thought she was shoveling dirt beside her yard and scolding each other. Then the two sides tore at each other. Li Yonghui grabbed Xu Aiping's hair and fell. Xu Aiping hugged Li Yonghui's leg, and Li Yonghui knelt down. It was diagnosed by huixian city People's Hospital as Xu Aiping's fifth and sixth left rib fractures, and was identified as minor injuries by forensic doctors.
The evidence accusing the above facts includes: report record, on-site investigation record, forensic expert conclusion, victim statement, witness testimony, and the defendant Li Yonghui also confessed. Accordingly, the defendant's behavior has constituted the crime of intentional injury. We hereby file a public prosecution and request a sentence according to law.
Xu Aiping, plaintiff in criminal incidental civil action, claims: 1. The criminal responsibility of the defendant for intentional injury shall be investigated according to law. 2. The defendant was ordered to compensate the plaintiff for medical expenses, lost time and other expenses totaling 287 17.87 yuan.
Defendant Li Yonghui has no objection to the facts alleged in the indictment, and expressed his willingness to compensate the victims for their losses. He hoped that the victim would understand and asked the court to deal with it lightly.
Defender argues: 1. If the accusation in this case is established, criminal responsibility shall be investigated; Second, the defendant dredged the waterway after the rainstorm, protected the real estate and did not harm the interests of the victims. However, the victim insulted, tore and scratched his face, which aggravated the contradiction and made some mistakes in this case. The punishment for the victim should be mitigated; 3. The defendant can truthfully confess the facts of the crime, has a sincere attitude of pleading guilty, and does show repentance, which proves that the subjective malignancy is relatively small, and sentencing for less than one year should be more appropriate; 4. The victim requests compensation for medical expenses and other losses of 287 17.87 yuan, and there is no list of drugs, receipt of prescription drug expenses and rental ticket, and requests the collegial panel to verify a reasonable and legal amount, which shall be borne by both parties in proportion, and the defendant shall also be regarded as a light sentence; 5. The defendant applied the provisions of Article 72 of the Criminal Law of People's Republic of China (PRC) in this case, and requested the court to sentence him to fixed-term imprisonment of less than one year with suspended sentence.
It was found through trial that around August 1 19, Li Yonghui, the defendant, rushed to the wall of her house because of the heavy rain, and used a shovel to shovel away the stagnant road surface behind the house. Neighbor Xu Aiping thought that shoveling dirt near her yard caused a quarrel. They scolded each other and fought with dirt. Then the two sides tore together. Xu Aiping was sent to huixian city People's Hospital for treatment. After diagnosis, her fifth and sixth left ribs were fractured, and she was hospitalized for 40 days. The medical expenses were 8697.87 yuan. Appraised by Longnan Public Security Judicial Appraisal Center, Xu Aiping's chest injury (rib fracture) is a minor injury.
The incidental civil action was mediated by the court, and the plaintiff Xu Aiping and the defendant Li Yonghui reached a compensation agreement, that is, the defendant Li Yonghui compensated Xu Aiping for a one-time economic loss of 20,000 yuan. The content of this agreement is the expression of the true meaning of both parties and does not violate the relevant laws and regulations, and the court shall confirm it.
The evidences to confirm the above facts are:
1, report record and criminal case acceptance registration form: confirm the fact that the public security organ received the report and accepted the case;
2. Household registration certificate: it proves that the defendant was born in July 1979 and has full capacity;
3. On-site investigation records and photos: confirm the crime scene and the injuries of the parties;
4. Appraisal documents: Xu Aiping's injury was confirmed as minor injury level II by Longnan Public Security Judicial Appraisal Center; 5. Victim Xu Aiping's statement: Li Yonghui pulled my hair with one hand, kept hitting my face with the other hand, and hit my left rib with his knee for a while. At that time, I felt very painful, so I grabbed Li Yonghui's face and chest with my hands and was pulled away by my neighbor. My left chest hurts badly. After examination, two ribs on the left side were broken.
6. Witness Wu Xjie's testimony: scold, be slapped in the face, hold the leg, be pulled away by Wei Xzhen and me. Wei Xzhen's testimony: I was afraid that the vegetable field was flooded, so I had an argument with her and pulled them away, so I and several people in the same village pulled them away. Zhang Xiaomei's testimony: Li Yonghui slapped Xu Aiping in the face. Yang Xning's Testimony: My wife Xu Aiping said, "My body hurts". The boss of Ginkgo Brick Factory and I helped my wife to the car and took her to the hospital. After the examination, her ribs were broken. Li Xia's testimony: The farm road behind our house is the backyard road that we took, which was dug up and occupied. I saw Xu Aiping covered in mud, Li Yonghui was injured, and the scars on her face and flippers were scratched. 7. Defendant Li Yonghui's confession: Xu Aiping grabbed my leg with one hand and my wrist with the other. My right leg (the one she hugged) was supported by Barry, and the injury was supported by my knee, so I didn't hit her with a shovel.
The above evidence was read, presented and cross-examined in court, and the defendant Li Yonghui had no objection to it. The sources of the above evidence are legal and the contents are true and valid, which should be confirmed as the basis for finalizing the case.
We believe that the defendant Li Yonghui, because he couldn't handle something correctly, had a fight with Xu Aiping, hitting his waist with his knee, causing his left rib fracture and minor injuries, which constituted the crime of intentional injury. The public prosecution agency accused the defendant Li Yonghui of intentional injury, which was established and supported. The victims should be compensated for their economic losses. After the defendant Li Yonghui was brought to justice, he pleaded guilty with a good attitude, voluntarily pleaded guilty in court and showed remorse. A mediation agreement has been reached with the victim on civil compensation. The defendant may be given a lighter punishment according to law. The defender's defense opinion was adopted. Accordingly, according to the provisions of Articles 234 and 72 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), the judgment is as follows:
1. Defendant Li Yonghui was convicted of intentional injury and sentenced to one year's imprisonment and suspended for one year.
(The probation period of probation shall be counted from the date when the judgment is determined. )
Two, by the defendant Li Yonghui one-time compensation for criminal incidental civil action plaintiff Xu Aiping economic loss of 20000 yuan.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Longnan City, Gansu Province through our hospital 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.
Presiding Judge: Kou Xiaofeng
Examiner: Xiao Yonghong
Acting judge: Wang.
201February 27th
Bookkeeper: Zhou Wenping