Party: Judge: DocumentNo.: County People's Court
County People's Procuratorate.
Plaintiff Wang X in incidental civil action, male, aged. Is the victim of this case.
Entrusted agent, lawyer of law firm.
Defendant Wang Moumou, male, was born on September 5th, 1998. On suspicion of intentional injury, he was criminally detained by the county public security bureau on, and was arrested on. He is now being held in Xihua County Detention Center.
Defender Song lawyer, lawyer of Xihua County Legal Aid Center.
The county people's procuratorate prosecuted the defendant Wang Moumou for intentional injury in our hospital on. Our court formed a collegial panel according to law and heard the case in public. Liang Xiaoli, deputy procurator-general of Xihua County People's Procuratorate, appeared in court to support the public prosecution. Defendant Wang Moumou, his defender Song Lawyer and plaintiff Hu Youzhe in incidental civil action entrusted an agent to attend the proceedings. The trial is now over.
The county people's procuratorate accused the defendant Wang Moumou and his wife Li xx of having a dispute with Wang xx's family in the village at about 6: 438: 09 pm on February/February/February 16, 2005. Wang xx's younger brother, Wang X, went to help during the fight. In the fight, Wang Moumou and Wang X each picked up a wooden stick on the ground and beat each other. After being diagnosed with splenic rupture and splenectomy, Kun Wang's injury was identified as serious.
Plaintiff Wang X in the incidental civil action demanded compensation from defendant Wang Moumou for medical expenses, lost time, nursing expenses, food subsidies, nutrition expenses, transportation expenses, disability compensation, dependents' living expenses, dependents' living expenses and other expenses. , a total of 639.0595 million yuan.
Defendant Wang Moumou had no objection to the charges and criminal facts accused by the public prosecution agency, and expressed the original intention of applying for compensation for the plaintiff in the incidental civil action. The defender believes that this case should be characterized as negligence causing serious injury; The victim in this case has some faults in the cause of action, and the civil part of the victim should bear some responsibilities.
It was found through trial that the defendant Wang Moumou and his wife Li xx had a dispute with Wang xx's family in the village on the evening of 19, causing a fight. Wang xx's younger brother, Wang X, went to help during the fight. In the fight, Wang Moumou and Wang X each picked up a wooden stick on the ground and beat each other. After being diagnosed as spleen rupture and splenectomy, Wang X's injury was identified as serious injury, which constituted a seven-level disability. The victim, Wang X, was hospitalized for 24 days and spent 17 187.95 yuan on medical expenses.
It was also found that the plaintiff in the incidental civil action had two daughters and one son after marriage, the mother of the victim Wang X was born in 1942, and the mother of the victim Wang X had five children.
Defendant Wang Moumou had no objection to the above facts during the trial, including the statement of the victim Wang Xx, the testimony of witnesses Wang XX, Wang XX, Wang XX, Wang XX, Wang XX, Liu XX, Wang XX, Kong XX, Wang XX and Li XX, and the transcripts of on-site investigation.
The court held that the defendant Wang Moumou intentionally injured others' bodies and caused serious injuries, and his behavior constituted the crime of intentional injury. The charges accused by the public prosecution agency are established and supported. The economic losses caused by the criminal behavior of the defendant Wang Moumou to the plaintiff Wang X in the incidental civil action shall be liable for compensation. The reasonable part demanded by the plaintiff Wang X in the incidental civil action should be supported, but Wang X, the plaintiff in the incidental civil action, also bears certain responsibilities in this dispute, and the excess part will not be supported. The defense opinion of the defendant Wang Moumou's defender that the defendant should be classified as the crime of causing serious injury by negligence is inconsistent with the facts ascertained by our court. Our court does not support the defense opinion that the defendant should be defined as the crime of causing serious injury by negligence, and adopts its defense opinion that the victim in this case has certain faults in the cause of action and the victim's civil affairs should bear certain responsibilities. According to the facts and circumstances of this case, and in accordance with the provisions of the second paragraph of Article 234 of the Criminal Law of People's Republic of China (PRC), Article 119 of the General Principles of the Civil Law of People's Republic of China (PRC), and the first and second paragraphs of Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the judgment is as follows:
1. Defendant Wang Moumou was guilty of intentional injury and sentenced to five years in prison. (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 reduced to one day of imprisonment. I.e. 23-20 June 2009122 June 4).
2. Defendant Wang Moumou compensated plaintiff Wang X for medical expenses 17 187.95 yuan, lost time expenses 240 yuan, nursing expenses 240 yuan, hospital food allowance 240 yuan, nutrition expenses 240 yuan, disability compensation 35,632 yuan, and dependents' living expenses 18385 yuan, accounting for more than 80% * *. Pay within 30 days after the judgment takes effect.
If you refuse to accept this judgment, you can appeal to our court or directly to Zhoukou Intermediate People's Court within ten days after receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.
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