People's Court of Yindu District, Anyang City, Henan Province (20 1 1) No.41of Yin Hangzi Chu.
20 1 1-3- 14
The public prosecution organ is the People's Procuratorate of Yindu District, Anyang City.
Defendant Liu Fangyu, male, was born on, and was born on, 20 10, 1, 3 1 on, and our hospital decided to get bail pending trial.
Defendant Zhao Jingyi, male, was born on,, and was born on, 20 10, 1, 3 1, and our hospital decided to get bail pending trial.
The People's Procuratorate of Yindu District of Anyang City charged the defendants Liu Fangyu and Zhao Jingyi with the crime of stirring up trouble with indictmentNo. 12 in 2004. (20 1 1)1,filed a public prosecution with our hospital on 2011 Our court formed a collegial panel according to law and heard the case in public. The People's Procuratorate of Yindu District of Anyang City appointed attorney Li Zhenchao to appear in court to support the public prosecution, and the defendants Liu Fangyu and Zhao Jingyi attended the proceedings. The trial is now over.
It was found through trial that on July 17, 2065438, about 2 1 p.m., Zhang Wenqiang had an economic dispute with Zhao Zhengmao, and after drinking, he and the defendant Liu Fangyu went to Zhao Zhengmao's friend Ding Jingang's house to make trouble. Ding Jingang is not at home. Liu Fangyu and others went to the Yashi Club of Gangsan Road, Yindu District, Anyang City to find Ding Jingang. Because Ding Jingang is not here, they will go to Ding Jingang. Later, Liu Fangyu, Zhao Jingyi and others went to Anyang Development Zone to find Zhao Zhengmao. On the way to Wenfeng Avenue in the south section of Gangsan Road, Wang Chao almost collided with a Hafei car with the license plate number Yu EL9 19 1, and had an argument with the driver Sang (a friend), which blocked the way of Zhao Jingyi and others. Liu Fangyu, Zhao Jingyi and others made way for Wang Chao. Subsequently, Liu Fangyu, Zhao Jingyi and others went to the development zone to find Zhao Zhengmao, beat him, hijacked him to the car and returned to Angang. During this period, Zhao Zhengmao was beaten many times on the way. Later, Zhao Zhengmao escaped while people were not paying attention. According to the appraisal, the value of the articles smashed by JAC Tongyue Automobile was 10630 yuan, and Wang Chao and Zhao Zhengmao were both slightly injured. On September, 2065438, Kloc-0, the defendant Zhao Jingyi surrendered himself to the public security organ.
It was also found that the defendants Liu Fangyu and Zhao Jingyi mediated with the victim on incidental civil compensation.
Defendants Liu Fangyu and Zhao Jingyi have no objection to the above facts, while victims Ding Jingang, Zhao Zhengmao and Wang Chao all have statements. Testimony of witnesses Liu, Wang Lijun, Sang, gaoyu, Niu Hongsheng, Yuan Wenlian, Li Zhibo and Zhao; Forensic appraisal of the degree of human injury issued by the physical evidence appraisal institute of Anyang Public Security Bureau; Price evaluation of Yindu District Price Certification Center; The mediation agreement and other evidence confirm that it is enough to be determined.
The court held that the defendants, Liu Fangyu and Zhao Jingyi, beat others at will, and the circumstances were serious, and their actions constituted the crime of stirring up trouble. The People's Procuratorate of Yindu District of Anyang City accused the defendants Liu Fangyu and Zhao Jingyi of committing the crime of provoking trouble. Defendants Liu Fangyu and Zhao Jingyi reached a mediation agreement with the victim on incidental civil compensation, and may be given a lighter punishment as appropriate. According to the provisions of Articles 293rd, 72nd and 73rd of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
1. Defendant Liu Fangyu was found guilty of stirring up trouble and was sentenced to seven months' imprisonment with a suspended sentence of seven months.
2. Defendant Zhao Jingyi committed the crime of stirring up trouble and was sentenced to six months' criminal detention and suspended for six months.
(The probation period of probation shall be counted from the date when the judgment is determined. )
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Anyang City, Henan 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.