The Supreme People's Court Announces Four Typical Cases of Medical Related Crimes

(April 25, 2014)

Case 1

Wang Yingsheng's intentional homicide case

--The crime of killing a doctor on suspicion of improper treatment is extremely serious

（1） Basic facts of the case

The defendant Wang Yingsheng, male, Han nationality, was born on December 24, 1950 and is a retired employee.

On October 14, 2012, the defendant Wang Yingsheng went to the First Affiliated Hospital of Tianjin University of Traditional Chinese Medicine for medical treatment due to cerebral thrombosis. Kang Hongqian (the victim, female, aged 46), the chief physician of the acupuncture and moxibustion department of the hospital, treated him with acupuncture and moxibustion. After receiving treatment, Wang Yingsheng felt that his pain did not ease, but increased. He believed that it was caused by Kang Hongqian's acupuncture and moxibustion, and he felt vindictive. At about 13:00 on November 29 of the same year, Wang Yingsheng took an axe to the 14th acupuncture and moxibustion Consulting Room where Kang Hongqian was on the second floor of the hospital. He held an axe and slashed Kang Hongqian's head and face several times, causing Kang Hongqian to die of severe brain injury. After committing the crime, Wang Yingsheng jumped out of the window of the consulting room and fell to the ground injured. He was later arrested by public security personnel on the spot.

（2） Judgment results

This case was first instance by the Tianjin First Intermediate People's Court and second instance by the Tianjin Higher People's Court. The Supreme People's Court conducted a death penalty review of this case.

After trial, the court found that the defendant Wang Yingsheng intentionally and illegally deprived others of their lives, and his behavior constituted the crime of intentional homicide. Wang Yingsheng suspected for no reason that his illness did not alleviate due to improper treatment by the doctor. He deliberately retaliated by breaking into the hospital with an axe to kill the doctor, and the criminal methods were cruel and the circumstances were severe. The crime was extremely serious and should be punished according to law. Based on this, the defendant Wang Yingsheng was sentenced to death and approved in accordance with the law.

Criminal Wang Yingsheng was executed in accordance with the law on April 22, 2014.

Case 2

Wang Yunsheng's intentional homicide case

--The crime of killing the attending doctor due to dissatisfaction with the treatment effect is extremely serious

（1） Basic facts of the case

Defendant Wang Yunsheng, male, Han nationality, born on September 5, 1987, is a farmer.

The defendant Wang Yunsheng was hospitalized in the Third People's Hospital (South Hospital) of Hengyang City, Hunan Province from July 27 to August 23, 2011 due to tuberculosis. At the time of admission, Chen Wenming, the director of the Twelve Wards, received him. Later, Chen Yuna (the victim, female, died at the age of 33) served as the attending doctor. During his hospitalization, Wang Yunsheng was dissatisfied with the treatment effect and had multiple disputes with Chen Yuna. After discharge, Wang Yunsheng discovered that his condition had worsened, believing that it was caused by Chen Yuna stopping, changing, or reducing her medication during the treatment process. As a result, he developed resentment and decided to retaliate against Chen Yuna or Chen Wenming. For this reason, Wang Yunsheng came to Hengyang City twice from his place of employment in Guangdong Province to seek revenge, but failed to implement it for some reason. At around 14:00 on April 28, 2012, Wang Yunsheng arrived at the hospital with a prepared folding knife, put on a mask, and entered the 12th ward. Seeing Chen Yuna alone in the doctor's office, he stabbed Chen in the back with a knife. After Chen Yuna was stabbed, she got up and ran towards the office door and fell to the ground. Wang Yunsheng stabbed Chen more than 20 times in the neck, chest, back, and other areas, causing Chen Yuna to rupture her carotid artery and die from hemorrhagic shock.

（2） Judgment results

This case was first instance by the Intermediate People's Court of Hengyang City, Hunan Province, and second instance by the Higher People's Court of Hunan Province. The Supreme People's Court conducted a death penalty review of this case.

After trial, the court found that the defendant Wang Yunsheng intentionally and illegally deprived others of their lives, and his behavior constituted the crime of intentional homicide. Wang Yunsheng, dissatisfied with the treatment effect during his hospitalization, deliberately retaliated and stabbed the attending doctor with more than 20 knives, resulting in death. The criminal method was cruel and the circumstances were heinous. The crime was extremely serious and should be punished in accordance with the law. Based on this, the defendant Wang Yunsheng was sentenced to death and approved in accordance with the law.

Criminal Wang Yunsheng was executed in accordance with the law on April 21, 2014.

Case 3

Liu Xiaodong's Intentional Injury Case

--Minor injury caused by beating the doctor due to dissatisfaction with the doctor's transfer suggestion

（1） Basic facts of the case

The defendant Liu Xiaodong, male, Han nationality, was born on July 3, 1968, unemployed.

At around 00:30 on December 3, 2012, the defendant Liu Xiaodong went to Dandong Traditional Chinese Medicine Hospital in Liaoning Province for treatment due to head injury. Liu Xiaodong told the attending doctor Song Feng (the victim, male, 46 years old at the time) that he may have suffered a skull fracture. Song Feng suggested that Liu Xiaodong go to another hospital for treatment. Liu Xiaodong was dissatisfied with Song Feng's suggestion to transfer to another hospital for treatment. After leaving for more than ten minutes, he returned, pulled off Song Feng's glasses, hit Song Feng's mouth and nose with his head, and beat him, causing Song Feng to break two teeth and a linear fracture of his nasal bone, resulting in minor injuries.

（2） Judgment results

After trial, the People's Court of Zhenxing District, Dandong City, Liaoning Province found that the defendant Liu Xiaodong intentionally injured others' bodies and caused minor injuries, and his behavior constituted the crime of intentional injury. Liu Xiaodong was dissatisfied with the doctor's suggestion to transfer to another hospital during his medical treatment, causing minor injuries to the doctor and should be punished in accordance with the law. Given that Liu Xiaodong voluntarily pleaded guilty in court, he may be given a lighter punishment as appropriate. Based on this, the defendant Liu Xiaodong was sentenced to one year and four months in prison in accordance with the law.

After the first instance judgment of the case was pronounced, the defendant did not appeal and the procuratorial organs did not protest. The criminal part of the above judgment took legal effect on December 9, 2013.

Case 4

Bian Jingkui and other provocative and troublemaking cases

--When seeking medical treatment, indiscriminately beating doctors and damaging property, and the circumstances are heinous

（1） Basic facts of the case

The defendant, Bian Jingkui, male, Han nationality, was born on September 7, 1992 and is a farmer.

The defendant, Bian Long, male, Han nationality, was born on September 7, 1986 and is a farmer.

The defendant Liu Hao, male, Han nationality, was born on October 15, 1982 and is a farmer.

Defendant Wang Funan, male, Han nationality, born on January 6, 1984, is a farmer.

The defendant, Song Xiaomeng, male, Han nationality, was born on April 18, 1985 and is a farmer.

The defendant, Jiang Yu, male, Han nationality, was born on April 3, 1985 and is a farmer.

On the evening of November 9, 2013, the defendants Bian Jingkui, Bian Long, Liu Hao, Wang Funan, Song Xiaomeng, and Jiang Yu drank together. At around 23:00 on the same day, Bian Jingkui, accompanied by five other people, went to the Seventh Hospital in Ningbo, Zhejiang Province for treatment of his hand injury. Six people, including Bian Jingkui, were rejected by the on-duty doctors Wang Chengwei and Qin Pengcheng in the radiology department of the hospital due to violating the medical process requirements. They then cursed and kicked the door into the radiology department office to beat Wang Chengwei and Qin Pengcheng, causing head and upper limb injuries to Wang Chengwei, as well as skin lacerations to Qin Pengcheng's right ear, face, and lip. Both injuries were considered minor injuries. Bian Jingkui and six others also caused damage to the medical monitor, beech wood door, and two wooden stools in the radiology office, with a total value of RMB 4167.

（2） Judgment results

This case was first instance by the People's Court of Zhenhai District, Ningbo City, Zhejiang Province, and second instance by the Ningbo Intermediate People's Court.

After trial, the court found that the defendants Bian Jingkui, Bian Long, Liu Hao, Wang Funan, Song Xiaomeng, and Jiang Yu abused and arbitrarily assaulted the duty doctor in the hospital after drinking alcohol, causing minor injuries to two people, and the circumstances were severe; Arbitrary damage to public and private property caused a loss of 4167 yuan, and the circumstances are serious. Their behavior has constituted the crime of causing trouble and should be punished in accordance with the law. Bian Jingkui, Bian Long, Liu Hao, Song Xiaomeng, and Jiang Yu, after being brought to justice, truthfully confessed their crimes and voluntarily confessed their crimes, and should be given a lighter punishment in accordance with the law; The above five individuals actively compensate the victim and the victim's unit for economic losses, and may be given lighter penalties as appropriate. Based on this, the defendants Bian Jingkui and Wang Funan were sentenced to 11 months in prison in accordance with the law, Song Xiaomeng and Jiang Yu were sentenced to 10 months in prison, and Bian Long and Liu Hao were sentenced to 9 months in prison.

The above judgment took legal effect on April 16, 2014.