Related experience: the plaintiff Liu Moujia appealed in the original trial, and the two defendants in the original trial were sentenced to extremely light sentences; The second defendant went to his home around 12 in the afternoon and deliberately caused trouble and injured him. He is not responsible for this matter. The original judgment found that the medical expenses, nursing expenses and lost time expenses were too small, and requested the court of second instance to revise the judgment according to law.
Wang Zhendong, the defendant in the original trial, appealed that he could truthfully confess the crime after he arrived at the case and voluntarily pleaded guilty and was given a lighter punishment. The victim was also at fault for the incident. The sentence in the original trial was too heavy, and the division of civil compensation and Tamia Liu's responsibility was too large, so the court of second instance was requested to give a lighter sentence. After the trial of the second instance, it was found that the criminal facts of intentional injury of defendants Wang Zhendong and Tamia Liu in the original trial and the economic losses caused by plaintiff Liu Moujia in the incidental civil action in the original trial were clearly and correctly identified. There is the following evidence to prove it:
1. Case registration form, filing decision and confirmation of case arrival, source of case clues, filing investigation decision of public security organ and the arrival of two defendants.
2. On-site transcripts, on-site photos, photos of injuries and photos of physical evidence confirmed that the public security organs conducted an inquest on the scene where Liu Moujia was beaten on June 5438+ 10/0. Liu Moujia had obvious scars on his eyes and face. A damaged door handle and a damaged TV set were also found at the scene. Wang Zhendong's forehead and right ear were damaged to varying degrees; Tamia Liu has a scratch on his temple.
3. The diagnosis certificate of linyou county Hospital of Traditional Chinese Medicine, linyou county Hospital, outpatient medical records, CT examination reports and X-ray examination reports confirmed that Liu Moujia was diagnosed as "closed brain injury concussion" by linyou county Hospital of Traditional Chinese Medicine; Multiple soft tissue injuries throughout the body; The cause of left ear bleeding remains to be investigated, and it is suggested to go to a higher hospital for further examination and treatment. "Wang Zhendong was diagnosed as' multiple soft tissue injuries in the whole body' by linyou county Hospital; Closed craniocerebral injury; There is a skin abrasion on the right forehead. "Tamia Liu was diagnosed as" multiple soft tissue injuries all over the body "by linyou county Hospital; Closed craniocerebral injury; Subcutaneous hematoma of head; Broken ribs (old? )"
4. Shaanxi Judicial Appraisal Center Shaanxi Sijian Center [2020] No.732 Judicial Appraisal Opinion confirmed that Liu Moujia was slightly injured by the Shaanxi Judicial Appraisal Center entrusted by Chengguan Police Station of linyou county Public Security Bureau.
legal ground
Article 234, paragraph 1, Article 25, paragraph 1, Article 36, paragraph 1, Article 45, Article 47 and Article 67, paragraph 3 of the Criminal Law of People's Republic of China (PRC), Articles 6 and 8 of the Tort Liability Law of People's Republic of China (PRC), Article 101, paragraph 1 of the Criminal Procedure Law of People's Republic of China (PRC), and Several Provisions on the Application of People's Republic of China (PRC) Criminal Law of the Supreme People's Court.