The public prosecution organ is the People's Procuratorate of Nankai District, Tianjin.
Defendant Guo Shijie, male, was born in Nankai District, Tianjin in * * *, Han nationality, high school education, unemployed, and his place of residence is the same as Nankai District, Tianjin. 20 12 05 17 was fined 10000 yuan for obstruction of official duties. On July 4th, 20 17, 65438 was criminally detained by Nankai Branch of Tianjin Public Security Bureau on suspicion of intentional injury. On July 25 of the same year, he was arrested with the approval of the People's Procuratorate of Nankai District, Tianjin, and was executed by the public security organs on the same day. He is currently being held in Tianjin Nankai District Detention Center.
Trial process
Tianjin Nankai District People's Procuratorate accused the defendant Guo Shijie of intentional injury with Jinnan Procuratorate Public Prosecution [20 17] No.743, and filed a public prosecution with our hospital on 201716. Our court applied summary procedure according to law, conducted a separate trial and heard the case in public. Tianjin Nankai District People's Procuratorate appointed the prosecutor Shimou to appear in court to support the public prosecution, and the defendant Guo Shijie appeared in court to participate in the lawsuit. The trial is now over.
Request situation
The public prosecution agency alleged that at about 9: 00 on April 9, 20 17, when the defendant rode his bicycle after drinking to the front of a pot sticker shop in Sijicun Market of Tianjin University in Nankai District of this city, he had a dispute with the victim Zhou because of trivial driving, and hit Zhou's head with a wine bottle, causing him injuries. According to the judicial appraisal of Tianjin Institute of Physical Evidence, the degree of intracranial hemorrhage caused by head trauma constitutes a minor injury, and the degree of traumatic subarachnoid hemorrhage constitutes a minor injury. Soft tissue injury of the right hand constitutes minor injury.
In addition, during the trial of this case, the defendant and the victim Zhou reached a criminal incidental civil mediation agreement, and the defendant compensated the victim Zhou for a one-time economic loss of 6.5438 million yuan (executed), and Zhou gave an understanding.
Case facts
Regarding the above facts, the defendant Guo Shijie had no objection during the trial, and had his confession, household registration certificate and criminal judgment record; The source of the case of the public security organ, the process of arresting the defendant, the description of the situation, the notice of obtaining evidence, the CD-ROM of the crime scene surveillance video, the description of the CD-ROM, the photos of the crime scene, the diagnosis certificate of Zhou by the General Hospital of Tianjin Medical University, the identity certificates of other persons involved, and the mediation agreement of criminal incidental civil litigation; Testimonies of witnesses and grandchildren; The statement of the victim's week; Evidence such as the judicial appraisal opinions of Tianjin Tian Hong Institute of Physical Evidence Judicial Appraisal proves that it is enough to be recognized.
Court view
Our court believes that the defendant Guo Shijie lacks the concept of legal system, and he can't handle things calmly, causing minor injuries to the victim, and his behavior has constituted the crime of intentional injury according to law, so he should be investigated for criminal responsibility. The public prosecutor accused the defendant Guo Shijie of having clear criminal facts and sufficient evidence, and was convicted. Our court supported the accusation and adopted sentencing suggestions as appropriate according to law. Defendant Guo Shijie confessed the facts of the crime truthfully after he was brought to justice, and pleaded guilty voluntarily in court, which compensated the economic losses of the victim, obtained the understanding of the victim and gave him a lighter punishment according to law. In accordance with the provisions of paragraph 1 of Article 234, paragraph 3 of Article 67, Article 42 and Article 44 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
Case results
Defendant Guo Shijie was convicted of intentional injury and sentenced to five months' criminal detention.
(The term of imprisonment shall be calculated 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 reduced to one day of imprisonment. That is, July 20 14, July 2065438 to February 20 13).
If you refuse to accept this judgment, you can appeal to Tianjin No.1 Intermediate People's Court through our court or directly within ten days from the second day of receiving this judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.