Li Sanjun was intentionally injured.
Beijing Chaoyang District People's Court
criminal judgement
(2006) Chao Xing Chu ZiNo.. 0 1297
Public Prosecution Organ: Beijing Chaoyang District People's Procuratorate.
Hui Guoqing, plaintiff in incidental civil action, male, 43 years old (1born on July 24th, 962), Han nationality, native of Yanchuan County, Shaanxi Province, primary school culture, farmer of Wangjiatun Administrative Village, Gaojiatun Township, Yanchuan County, Shaanxi Province, living in the village; It's the father of the victim Huilong.
Liu Hongzhang, plaintiff of incidental civil action, is a lawyer of Beijing Jin Dong Law Firm.
Defendant Li Sanjun, male, 20 years old (born on May 1986 and 19), Han nationality, from Yan 'an City, Shaanxi Province, with junior high school education, is a farmer in Liujiagou Village, Feng Jiaping Township, Yanchuan County, Shaanxi Province, and now lives in the village; In September 2004, he was sentenced to eight months' imprisonment and suspended for one year for committing theft. Now he was criminally detained on June 5438+065438+ 10/4, 2005 on suspicion of intentional injury, and was detained on the same day and arrested on February 20, 2005 at 65438; He is currently being held in Chaoyang District Detention Center in Beijing.
Defender Dong, lawyer of Beijing Guanping Law Firm.
The People's Procuratorate of Chaoyang District, Beijing accused the defendant Li Sanjun of intentional injury with the indictment No.678 (2006) J.C.J. Zi, and filed a public prosecution with our hospital on May 8, 2006. In the course of litigation, Hui Guoqing, plaintiff of incidental civil action, filed an incidental civil action with our court. Our college has formed a collegial panel according to law. Because the defendant Li Sanjun pleaded guilty voluntarily, we decided to simplify the application of ordinary criminal procedures and held a joint trial in public on the advice of the public prosecution and with the consent of the defendant and the defender. The People's Procuratorate of Chaoyang District, Beijing appointed an attorney to appear in court to support the public prosecution, and the plaintiffs Hui Guoqing and Liu Hongzhang, the defendant Li Sanjun and his defender Dong attended the proceedings. The trial is now over.
Hui Guoqing, the plaintiff in the incidental civil action, demanded that Li Sanjun compensate the defendant for death compensation of 157200 yuan, funeral expenses of 16404 yuan, living expenses of dependents of10300 yuan, transportation expenses of 8424 yuan and accommodation expenses of 2 yuan. The plaintiff in the incidental civil action provided relevant civil evidence materials to the court.
It was found through trial that at 0: 00 on June 165438+ 10/4, 2005, the defendant Li Sanjun quarreled and fought with Huilong (male, 20 years old) in the dormitory of Yueyang Home Cooking Hotel, Hujialou, Chaoyang District, this city. Defendant Li Sanjun stabbed Huilong in the chest, abdomen and back with a sharp knife, causing Huilong's left chest and left side. On the same day, the defendant Li Sanjun surrendered himself.
Li Sanjun, the defendant, did not raise any objection to the above facts during the trial, but was confirmed by testimony, identification record, corpse inspection certificate, biological material evidence certificate, on-site inspection record, on-site inspection record, photos of material evidence and the defendant's certificate of returning to justice.
Hui Guoqing, the plaintiff in the incidental civil action, lost RMB 175644 yuan. Including death compensation 157 200 yuan, funeral expenses 16404 yuan, transportation expenses of 2,000 yuan and accommodation expenses of 5,000 yuan.
The court believes that the defendant Li Sanjun ignored the national laws, failed to correctly handle the conflict with others, and intentionally injured others with a murder weapon, resulting in serious consequences of one death. His behavior has violated the criminal law, which constitutes the crime of intentional injury and should be punished. Beijing Chaoyang District People's Procuratorate accused the defendant Li Sanjun of intentional injury with clear facts, reliable evidence and conviction. In view of the fact that the defendant Li Sanjun surrendered himself after the incident and voluntarily pleaded guilty in court, he showed some remorse and was given a lighter punishment according to law. In the criminal incidental civil action, the defendant Li Sanjun's intentional injury caused direct economic losses to the plaintiff Hui Guoqing in the incidental civil action and should be compensated according to law. As for the plaintiff's claim for compensation for the living expenses of the dependents, because the plaintiff can't provide evidence to prove that he has lost his ability to work, the court will not support the claim, and the plaintiff's claim for compensation for excessive transportation expenses will not be supported according to law. Archived items should be handled together. To sum up, in accordance with the provisions of paragraph 2 of Article 234, paragraph 1 of Article 67, paragraph 1 of Article 55, paragraph 1 of Article 56, paragraph 1 of Article 64, paragraph 1 of Article 36 of the Criminal Law of People's Republic of China (PRC) and Article 119 of the General Principles of Civil Law of People's Republic of China (PRC), our court made the following judgment:
1. Defendant Li Sanjun was convicted of intentional injury, sentenced to 12 years in prison and deprived of political rights for 2 years.
(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be counted as one day of imprisonment. That is, from 165438+2005 10/4 to 165438+ 10/3,2065438).
Second, the sharp knives used to commit crimes shall be confiscated; Return the sports and leisure jacket, sports and leisure trousers, white vest, white autumn clothes, underwear, two sleeves and a pair of leather shoes to the defendant Li Sanjun.
3. Defendant Li Sanjun compensated plaintiff Hui Guoqing for the economic loss of RMB 175644 (to be paid immediately after this judgment takes effect).
If you refuse to accept this judgment, you can appeal to Beijing No.2 Intermediate People's Court through our court 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.