The appellant refused to accept the criminal incidental civil judgment No.649 of Taiyuan xiaodian district People's Court for the case of intentional injury, and now appeals.
Appeal request: request the court of second instance to change the judgment according to law after finding out the facts and reduce the punishment of the appellant.
Facts and reasons:
First, the court of first instance did not fully consider the circumstances of the appellant's sentencing.
Around April 22nd, xxx 14: 30, the appellant Shamou didn't know the victim and didn't have any contradiction with the victim. He beat the victim Li xx at the direction of the first defendant, but was later slightly beaten by several people gathered by the victim Li xx. The appellant believes that the fighting between the two sides is inseparable. For the trial of this case, we should comprehensively consider the fighting methods of both sides.
It was really wrong for the appellant to beat the victim. However, Li xx rallied many people and beat the defendant with a murder weapon, which should be punished and the appellant's responsibility should be reduced. However, the judgment of first instance did not explain anything.
Second, the first-instance judgment did not reflect the state's criminal policy towards minors.
1. According to the purpose of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Juvenile Criminal Cases, the principle of "education first, punishment second" should be implemented in the trial of juvenile criminal cases. When applying punishment to juvenile offenders, we should fully consider whether it is conducive to the education and correction of juvenile offenders. In sentencing juvenile criminals, we should, in accordance with the provisions of Article 61 of the Criminal Law, give full consideration to factors such as the motive and purpose of juvenile criminal behavior, age at the time of committing the crime, whether it is a first-time offender, whether there is repentance after committing the crime, personal growth experience, consistent performance and so on. Juvenile criminals who meet the applicable conditions of public surveillance, probation, single penalty or exemption from criminal punishment shall be subject to public surveillance, probation, single penalty or exemption from criminal punishment according to law.
In this case, the appellant didn't have any criminal motive to hurt people at all, and he didn't know the victim, so there was no contradiction. It was purely accidental that he was instructed by the first defendant. At that time, he was less than 18 years old, and his ability to distinguish right from wrong was low. He was loyal to his friends and did not consider the consequences. No criminal record and good performance in school; State the case truthfully, without repetition or evasion; Dozens of people who sincerely repented and were dissuaded by Li xx afterwards were slightly injured because of holding equipment, but they have not been completely cured and need rehabilitation treatment. The court should give the appellant a chance to turn over a new leaf to show judicial justice and humanistic care, but the first-instance judgment did not follow the principle of juvenile trial and the appellant was severely sentenced.
2. The appellant is willing to compensate the victims for their losses, and should also give the appellant a lighter sentence.
3. There is no evidence for the plaintiff's economic loss in incidental civil action determined by the judgment of first instance, and the court of second instance is requested to revise the judgment according to law.
To sum up, the appellant thinks that the court of first instance failed to find out the basic facts of this case and imposed a heavier sentence on the appellant, and requested the court of second instance to revise the sentence according to law.
I am here to convey
Taiyuan Intermediate People's Court
Legal basis: Article 379 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of People's Republic of China (PRC). An appeal case accepted by the people's court shall generally have an original and a copy of the appeal. The contents of the appeal generally include: the document number of the judgment and ruling of first instance and the time when the appellant received it, the name of the people's court of first instance, the request and reasons for the appeal, and the time when the appeal was filed. If the defendant's defender or close relatives appeal with the consent of the defendant, they shall also state their relationship with the defendant and regard the defendant as the appellant.