criminal judgement
(200 1) Fuzino. 2 18
Defendant Zheng, also known as Zheng, female,1born in March 1972, Han nationality, from Bazhou City, Hebei Province, primary school education, farmer, living in X Street, Bazhou Town, Bazhou City. Arrested on April 30th, 2000. Bet now.
The Intermediate People's Court of Langfang City, Hebei Province heard the case that the People's Procuratorate of Langfang City accused the defendant Zheng of intentional homicide and intentional injury. On September 25th, 2000, the defendant Zheng was found guilty of intentional homicide in the incidental civil judgment ((2000) Zhong Zi Chu Zi No.49), sentenced to death, suspended for two years, and deprived of political rights for life. He was convicted of intentional injury, sentenced to three years in prison, decided to execute the death penalty, suspended for two years, deprived of political rights for life, compensated the plaintiff Yong Xinjie for economic losses of RMB 10845.25, and compensated the plaintiff Yong Fenghua for economic losses of RMB 5,000. After the verdict was pronounced, Zheng refused to accept the appeal, and the Langfang People's Procuratorate protested on the grounds that the sentence was extremely light. On July 3rd, 2006, the Higher People's Court of Hebei Province upheld the criminal incidental civil judgment No.719 of Langfang Intermediate People's Court (2000), sentenced the defendant Zheng to three years' imprisonment for intentional injury and compensated the plaintiff Yong Feng. Cancel the sentencing of Zheng for the crime of intentional homicide in the judgment of first instance, and compensate the plaintiff Yong Xinjie for the economic loss of RMB 10845.25; Defendant Zheng was convicted of intentional homicide, sentenced to death and deprived of political rights for life, sentenced to three years in prison for intentional injury, decided to execute the death penalty and deprived of political rights for life; Compensation for the economic loss of Yongxin Jie, the plaintiff in criminal incidental civil action, is RMB 5,000, which is submitted to our court for approval according to law. Our court formed a collegial panel according to law and reviewed the case. Now the review is over.
Upon examination, it was found that the defendant Zheng's father, with the consent of the village cadres, installed an electric meter on the east side of Baiwei porridge house at the southern end of Bazhou downtown market on April 1999, and Zheng's uncle placed a freezer here to sell sorbet. In June of the same year, 10 was temporarily closed for seasonal reasons. On April 28, 2000, when Zheng's father set up a stall here and placed the freezer again, he had a quarrel with the victim's husband Yong XX, who was selling fruit here, because he occupied the stall. After mediation by others, Yong XX gave up his post. The victims, Wang Ruixia and Yongxin Jie, were dissatisfied when they saw this scene. They had a dispute with Zheng and pushed and pulled the freezer used by Zheng's booth, causing Liu's mother to fall to the ground. When Zheng saw this, he grabbed a fruit knife from the stall and stabbed it in the back, causing Wang's left pulmonary artery to rupture, the left edge of his heart to be injured, and he died of massive bleeding. When Yongxin Jie saw this, he grabbed the knife and was stabbed in the right leg and left shoulder by Zheng, causing minor injuries.
The above facts are confirmed by the transcripts of on-site investigation, corpse inspection, injury appraisal, murder weapon, witness testimony and other evidence. And the defendant Zheng also has a confession, which is enough to confirm.
The court held that the defendant Zheng attacked with a knife, causing one death and one minor injury, and his actions constituted the crime of intentional homicide and intentional injury respectively, which should be punished according to law. First, the facts ascertained in the judgment of second instance are clear, the evidence is true and sufficient, and the conviction is accurate. The trial procedure is legal. In view of the fact that Zheng's crime was caused by a dispute with the victim, and the victim was at fault for the intensification of the dispute and contradiction, Zheng was sentenced to death and was not executed immediately. The first-instance judgment was appropriate in sentencing, and the reason why the public prosecution protested against the original judgment was extremely light in sentencing was not established, and the second-instance judgment was inappropriate in sentencing. In accordance with the provisions of Article 199 of the Criminal Procedure Law of People's Republic of China (PRC), Paragraph 3 of Article 285 of the Interpretation of the Supreme People's Court on Several Issues Concerning Execution, Article 232, Paragraph 1 of Article 48 and Paragraph 1 of Article 57 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
First, cancel the sentencing part of the defendant Zheng in the criminal incidental civil judgment No.719 of Hebei Higher People's Court (2000);
2. Defendant Zheng was convicted of intentional homicide, sentenced to death, suspended for two years, deprived of political rights for life, sentenced to three years in prison for intentional injury with the original judgment, decided to execute the death penalty, suspended for two years, deprived of political rights for life;
Third, maintain the civil compensation part of Hebei Higher People's Court (2000) No.719.
This judgment shall take legal effect immediately after it is served.
Presiding Judge Li Yanming
Acting Judge Song Ying
Acting Judge Wu Wen and
December 18th, 2001
Staff Sun Jiang