Defender Zhang Jiancheng, lawyer of Zhangzhou Taimei Law Firm.
Defender Lin Nanping, intern lawyer of Zhangzhou Taimei Law Firm.
Changtai County People's Procuratorate accused the defendant Yang of negligent explosion with indictment No.29 (2000) Minchuzi, and filed a public prosecution with our hospital on March 28th, 2000. Our court formed a collegial panel according to law and heard the case in public. The People's Procuratorate of Changtai County entrusted agents Lin Wei and Hong to appear in court to support the public prosecution, and the defendant Yang, his defender and Lin Nanping attended the proceedings. The trial is now over.
Changtai County People's Procuratorate accused the defendant Yang of hanging a "raccoon gun" (commonly known as "raccoon gun") on the longan tree one day in July, 1998, and informed Yang Douzi. More than a month later, the defendant Yang found that the wire used to hang the "gun" fell off and thought that the gun exploded or misfired. On the afternoon of February, 65438+March, 2000, when Yang was playing in Houchenlin, he found something hanging on the longan tree, which was rotated by hand, causing an explosion, injury to his right hand and open fracture of his nose. In view of the above facts, the evidence cited by the public prosecution agency to the court includes: the testimony of witnesses Yang, Yang Laihua, Yang Haichun; The statement of the victim Chen Xueming; Damage identification conclusion; Site photos and exploration records. Prove the fact that the defendant Yang caused serious injuries by negligent explosion. The public prosecution agency believes that the defendant Yang's behavior has constituted the crime of negligent explosion. It is required to be punished in accordance with the second paragraph of Article 115 of the Criminal Law of People's Republic of China (PRC).
Defendant Yang has no objection to the accusation of the public prosecution agency.
Defender and Lin Nanping suggested that the defendant Yang placed the gun in remote places and his own fruit trees, rather than in public places or places where people gathered, which would not cause danger to the unspecified majority. The defendant Yang's behavior does not constitute the crime of negligent explosion. It is suggested that the defendant Yang be given a lighter punishment for the crime of negligent injury.
It was found through trial that:1July 1998, the defendant Yang was knocked down for planting an longan tree, so he took out a homemade explosive "gun" from his home and hung it on the longan tree with wire, and informed the villager Yang Douzi. More than a month later, the defendant Yang went to check the longan tree and found that the longan tree was dead and surrounded by four trees. At noon on February 13, 2000, Tong Cunyang (born in April/989) went to Houchenlin to play, and found an unknown object hanging on an longan tree, which was turned over by hand, causing explosion, injury to his right hand and open fracture of his nose.
After the incident, the defendant Yang has reached a mediation agreement with Yang and his legal representative on Yang's medical expenses and disability living allowance, and has paid RMB 15000.
The above facts are proved by the following evidence cited by the public prosecution agency: Yang Xue, the victim of 1, clearly proved that on the afternoon of February 13, 2000, he went to play in his village, Chen Lin, and found a dead longan tree with a round unidentified object hanging from it with wire. He wants to take it down to play, so he turns it by hand. It exploded just after two or three turns. Witness Yang proved that at noon on February 13, 2000, he was watering the vegetable field next to the village when he suddenly heard the explosion. When he arrived at the scene of the explosion, he found that Yang was injured, his right finger was missing and his nose bone was injured. Witness Yang Haichun proved that at noon on February 13, 2000, he heard a loud noise while weeding in his garden. He heard the fame, saw a dead longan tree surrounded by stones next to the grass shed behind the club, and heard Yang's father come over and say that his son was injured. Witness Yang confirmed that in July 1998, she had heard Yang say that he had put a cannon on the longan tree in Houchen Lin, telling them not to take the testimony of the longan tree. 5. The field investigation records show that there is an empty lawn on the south side of a big tree 5 meters east of the explosion center, a Yang Laoying haystack 2.5 meters southwest, an longan tree 3 meters west, a paddy field 3.8 meters north and a Yang Afu haystack 2.5 meters northeast; There are three small pieces of human bones, explosive wax sealing pills and filling paper scattered on the stone next to the explosion center. The paper has a strong smell of nitrate smoke, and there are irregular tear marks on the edge of the paper group. On-site photos prove that there are many straws and a mushroom house scattered around the explosion site, and the exploded longan tree is surrounded by a stone; Seven forensic identification materials prove that Yang's right thumb and the connected metacarpal bone are missing, the middle and unthreaded segments of the index finger, middle finger and ring finger are missing, there are skin contusions on his right forehead, nose bridge and mouth corner, and skin burns on his left upper arm, left leg and back of his left foot. He was diagnosed as right hand injury and open nasal bone fracture by the hospital military doctor Chen on 175. The analysis shows that the above injuries are all explosive injuries, while Yang's injuries are all serious injuries. Our hospital (2000) No.41attached a criminal and civil mediation document, which proves that the defendants Yang and Yang and their guardians reached a mediation agreement on medical expenses and disability living allowance, and paid RMB 15000. Defendant Yang confessed to the accusation of the public prosecution agency. The above evidence can be used as the basis for the determination of this case after cross-examination by the court.
Defender and Lin Nanping put forward the opinion that the defendant Yang didn't put the "gun" in public places or places where people gathered, which would not cause danger to the unspecified majority, and the defendant Yang's behavior did not constitute the crime of negligent explosion. The public prosecution agency cited evidence such as photos of the scene. The public prosecution agency believes that the place where the defendant Yang placed the explosives is the place where some villagers piled up straw, thatch, tied cattle and villagers needed to go to the responsible fields and vegetable fields. Defendant Yang placed explosives here, endangering the life, health and safety of unspecified majority. Defendant Yang's behavior should be punished as the crime of negligent explosion. Tongchao, this court adopts the opinions of the public prosecution agency and does not adopt the opinions of the defenders.
We believe that the defendant Yang should have foreseen the possible harm to society when setting explosives, but he neglected to foresee it, causing serious injuries to the victim. His behavior has constituted the crime of negligent explosion. The public prosecution agency accused the defendant Yang's behavior of constituting the crime of negligent explosion. If the charges are established, the applicable law is correct and should be adopted. In view of the defendant Yang's good attitude of pleading guilty, he has compensated the victim for some economic losses, and the rest have reached a mediation agreement, expressing remorse. The victim and his family expressed their understanding of the defendant's behavior and may be given a lighter punishment as appropriate.
Therefore, according to the provisions of the second paragraph of Article 115, the first paragraph of Article 72, the second paragraph and the third paragraph of Article 73 of the Criminal Law of People's Republic of China (PRC), the judgment is as follows:
Defendant Yang committed the crime of negligent explosion and was sentenced to three years in prison and suspended for four years.