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2023-08-09
Typical Cases of Criminal Crimes Occurred on Campus Published by the Supreme Law (Fujian)
On September 18, 2015, the Supreme People's Court held a press conference, and Duan Siming, a member of the Party Group and full-time member of the Judicial Committee of the Fujian Higher People's Court, released typical criminal cases that occurred on campus in Fujian Province.
catalogue
1. Lu's intentional injury case
2. Zhang's intentional injury case
3. Case of intentional injury by Liu and Jiang
4. Yang gathered a crowd to engage in a brawl case
5. Hamou intentional injury case
6. He, Zhuo, and Lu gathered together to engage in a brawl case
7. Case of three minors gathering in Changting to fight and cause death
8. A case of official provoking and causing trouble
9. Xu's intentional injury case
10. Liu, Xiao, Wang, and Yang commit a group brawl case
11. Robbery case by Huang Kaiwen and Wei Moumou
12. Yang's intentional injury case
13. Case of Lin and Lou Forcibly insulting women
14. Chen's intentional injury case
15. Zhuo's intentional injury case
16. Case of intentional injury by Huang, Li, Huang, and Zhang
1、 Defendant Lu's Intentional Injury Case
(1) Basic facts of the case
At around 16:00 on November 5, 2012, the defendant Lu went to a high school in Nanjing County to find a friend. On the fourth floor of the high school, he saw Lin. Due to Lin's previous dispute with him, the defendant Lu summoned Lin to the men's restroom for questioning and started beating him. Lin also beat Lu with his hand, causing a fight between both parties, and both parties were injured. According to the forensic appraisal of the Nanjing County Public Security Bureau, the degree of injury of the victim Lin is considered minor; The defendant Lu's injury belongs to minor injuries.
(2) Judgment results
The defendant Lu intentionally injured another person's body, causing minor injury to one person. His behavior has constituted the crime of intentional injury, and he should be held criminally responsible in accordance with the law. The defendant Lu was under the age of 18 at the time of the crime and should be given a mitigated punishment in accordance with the law; After the defendant commits a crime, he/she voluntarily surrenders to the public security organs, which can result in a lighter or mitigated punishment in accordance with the law; After the defendant is brought to justice, he actively compensates the victim for their economic losses, obtains the victim's understanding, and is given a lighter punishment according to law. According to the relevant provisions of the Criminal Law, the defendant Lu is exempt from criminal punishment for committing the crime of intentional injury. After the judgment was pronounced, there was no appeal or protest, and the judgment has become legally effective.
(3) Typical significance
This case is a case where a minor defendant assaults a minor victim. The defendant and the victim both attended junior high school in a school in Zhangzhou. During their time at school, Lin had helped someone who had a dispute with the defendant Lu. Due to the defendant Lu's lack of attention to his moral literacy and weak legal awareness, he was unable to calmly handle small matters that occurred between his classmates, but instead calculated every detail, leading to a crime. From this case, it can be found that legal education for minors is a long-term and unremitting project. It is necessary to always guide minors to study seriously, abide by laws and regulations, live in harmony with others, cherish their learning time, and be good citizens who abide by laws and regulations.
2、 Zhang's intentional injury case
(1) Basic facts of the case
At around 21:00 on the evening of December 15, 2014, the defendant Zhang (a freshman student from a middle school in Minqing) had an argument with a girl from the same school, Chen, in the boiling water room on the 6th floor of the girls' dormitory. Afterwards, the defendant punched Chen in the right face, causing injuries to his right eye and nose. After identification, the victim Chen suffered a fracture of the right nasal bone and the right maxillary frontal process due to trauma, which is classified as a minor injury of level 2. On January 13, 2015, the defendant, accompanied by his mother, voluntarily went to the police station for questioning and truthfully confessed the facts of the crime.
In the litigation process of this case, the victim Chen filed an incidental civil lawsuit. On May 13, 2015, the court presided over the mediation, and both parties reached a mediation agreement. The defendant (legal representative of the defendant) in the incidental civil lawsuit will compensate the victim with a one-time compensation of 50000 RMB for all losses, and the compensation has been fulfilled. The victim and its legal representative have issued a letter of understanding, expressing their willingness to understand the defendant, I hope the court can reduce his lenient punishment and impose a suspended sentence until he is exempted from criminal punishment.
(2) Judgment results
The defendant Zhang intentionally injured another person's body, causing minor injury to one person, and his behavior has constituted the crime of intentional injury. The charges charged by the prosecution are established. The defendant was under the age of eighteen at the time of the crime; Automatically surrendering after committing a crime and being able to truthfully confess one's criminal behavior is considered voluntary surrender; This case was triggered by the intensification of civil conflicts, and the victim bears a certain responsibility for the intensification of conflicts between the two parties; The defendant and its legal representative have reached a mediation agreement with the victim and have paid the full compensation, obtaining the understanding of the victim and their relatives. In summary, considering that the defendant's criminal circumstances are relatively minor, has good repentance performance, and the degree of social harm is minor, there is no need to impose punishment, and he is exempt from criminal punishment in accordance with the law.
(3) Typical significance
Impulsive and aggressive incidents among campus students have been common in the news in recent years. For example, the defendant Zhang in this case is very typical. The defendant Zhang grew up in a complete and harmonious family, with an outgoing personality and good performance in school, pursuing progress. He served as a class cadre and received awards such as "Star of Cultural and Sports Activities", "Star of Learning Progress", and "Star of Love for Reading" during his school years; Having sports expertise, he ranked sixth in shot put and fifth in javelin at the County Athletics Games in 2011, third in shot put at the County Athletics Games in 2012, and fourth in shot put and fifth in javelin at the 50th Municipal Primary and Secondary School Student Games in 2013. The people Zhang interacts with on a daily basis are all classmates and have not engaged in social misconduct, addiction to the internet, or other negative behaviors. He stays in school on a daily basis and has strong independent living abilities. However, due to his strong personality and youthful vigor, he was unable to control his emotions rationally when being stimulated by the victim's words due to trivial matters. He punched the other person and caused minor injuries, which constitutes the crime of intentional injury. After being educated by the court, the defendant deeply regrets his actions and has a good attitude of repentance. His relatives also expressed that they will strictly discipline him in the future and promote him to reform.
3、 Case of intentional injury by Liu and Jiang
(1) Basic facts of the case
At around 7:00 am and 8:00 am on June 22, 2011, the defendants Liu and Jiang believed that Qin from a middle school in Minhou County had had an online argument with the defendant Jiang, so they entered Qin's classroom and assaulted him before leaving. At around 10:30, the two defendants entered the classroom again and assaulted Qin on the head and other parts. About three minutes later, the two defendants entered the classroom for the third time and kicked Qin in the abdomen and other areas with their feet. According to forensic identification by the Minhou County Public Security Bureau, the injury suffered by Qin was caused by external force, resulting in a rupture of the spleen, which is classified as a serious injury and is rated as level six disability. On August 29, 2011, the parents of the defendants Liu and Jiang jointly compensated the victim with a loss of RMB 117720. On September 5, 2011, the defendant submitted his case to the Xiangqian Police Station of Minhou County Public Security Bureau.
(2) Judgment results
After trial, the People's Court of Minhou County, Fujian Province found that the defendants Liu and Jiang intentionally assaulted someone with the purpose of harming their physical health, causing one person to be seriously injured. They were assessed as level six disabled, and their behavior constituted the crime of intentional injury. The charges charged by the public prosecution organs were established, and the court supported them. The designated defense counsel proposes that the defendants Liu and Jiang can voluntarily surrender and truthfully confess their crimes, which is considered voluntary surrender and may result in a lighter or mitigated punishment. If the defendants are under the age of sixteen at the time of the crime, they should be given a lighter or mitigated punishment. The family members of the two defendants have compensated the victim for their losses and may be given a lighter punishment as appropriate. The defense counsel will be adopted. Based on the criminal facts, circumstances, and social harmfulness of the two defendants in this case, they will be given mitigated punishment in accordance with the law. I hope that the defendant should learn from their mistakes and establish a correct worldview, outlook on life, and values. According to the relevant provisions of the Criminal Law, the defendant Liu was sentenced to two years and six months in prison with a three-year suspension for the crime of intentional injury, while the defendant Jiang was sentenced to two years and six months in prison with a three-year suspension.
(3) Typical significance
This is a student violence incident that occurred on campus. In terms of the cause of the case, the defendant Jiang mistakenly believed that the victim was someone who cursed him online. Without asking the truth, he impulsively called his classmates to rush to the victim's class to beat the victim, lacking calm thinking and rational treatment, which was the direct cause of the case. In addition, the two defendants rushed into the class three times, but the school failed to stop them in a timely manner, which was also one of the reasons for the serious injury consequences of the victim in this case. After the incident, the two defendants have compensated the victims for their economic losses and reached an understanding. The two defendants also expressed sincere remorse. Considering that both defendants are students in the third grade of junior high school and are under the same age of sixteen, the people's court, based on the principle of "education first, punishment second" and the policy of "education, probation, and rescue", has given the two defendants a mitigated punishment and applied probation in accordance with the law, which is conducive to their healthy growth. The cultivation of children's habits and personalities plays a crucial role in family and school education. Therefore, families and schools should regularly educate students to be calm and restrained when conflicts arise, learn to tolerate, "take a step back from the vast sea and sky," and never be impulsive in emotions.
4、 Yang Mou Gathered a Crowd to Fight Case
(1) Basic facts of the case
On the noon of January 11, 2014, middle school student Lin told his classmate Chen about the process of being bullied by dropout classmates such as Shao on the way to tutoring. At around 20:00 that evening, Chen summoned the defendants Yang, Zhang, and others who had dropped out of school to argue with each other and assaulted a man from the other party in the alley below the internet cafe next to Yonghui Supermarket. Subsequently, the man who was called called called to summon personnel, and the defendant Yang also called to summon personnel. The man who was called called called the defendant Yang and others to go to the lower floor of Di Le Xing KTV on Mawei Pedestrian Street. After answering the phone, the defendant Yang and others returned to their residence to pick up tools such as steel pipes and machetes, and took four scooters to the lower floor of Di Le Xing KTV on the pedestrian street in Mawei District. When they saw two groups of people downstairs, they chased after them. The defendant Yang, holding a steel pipe, and his accomplices beat and injured a student Yang in the parking lot of Jinhai Building on Mawei Pedestrian Street. Zhang and others beat and injured the victim Zhang near KFC on Mawei Pedestrian Street. According to the identification of the Criminal Science and Technology Research Institute of Fuzhou Public Security Bureau, the victim Yang's injury belongs to the first level of minor injury, while the victim Zhang's injury belongs to the second level of minor injury.
(2) Judgment results
After trial, the People's Court of Mawei District, Fuzhou City found that the defendant Yang and his accomplices engaged in armed gatherings and brawls in a public place, resulting in minor injuries to both of them. Their behavior constitutes the crime of gathering and brawling. In terms of sentencing, firstly, the defendant Yang was under the age of 18 at the time of the crime and should be given a mitigated punishment. The second is that the defendant voluntarily pleads guilty in court, with a sincere attitude of repentance, and may be given a lighter punishment as appropriate. Thirdly, after the defendant's case was committed, their family members actively negotiated to compensate the victim for some of their economic losses, obtained the victim's understanding, and given a lighter punishment as appropriate. Based on this, in accordance with relevant provisions of the Criminal Law, Yang was sentenced to two years and five months in prison for the crime of gathering people to engage in affray.
(3) Typical significance
People have a collective nature, those who approach red are red, and those who approach ink are black. Middle school students like to form small groups with classmates with similar personalities to study, engage in activities, and play together. However, due to their unstable personality, they are easily influenced by the thoughts and behaviors of other members. For example, in this case, one person was involved in a fight and attracted other present companions. Middle school students have immature thinking, poor recognition ability, and weak self-protection ability. They should always be vigilant and cautious in making friends, especially when interacting with classmates who have dropped out of school or social personnel with tattoos, smoking, and alcohol abuse. They should try to minimize activities outside at night, especially avoid activities in areas such as bars, KTVs, internet cafes, barbecue stalls, stalls, secluded parks, and dimly lit streets. Parents should strengthen the control of their children's spare time, effectively monitor their behavior and whereabouts, and timely care for their children's thoughts and emotions.
5、 Hamoumou intentional injury case
(1) Basic facts of the case
At around 13:00 on September 14, 2012, the defendant Ha had a physical conflict with his classmate Chen in Class 4, Grade 9, a middle school in Fuzhou due to a dispute. During the conflict, Ha picked up a wooden stool from the classroom and smashed it into Chen's head, causing the victim Chen to have a depressed skull fracture. After identification, Chen's injury is considered serious. After the incident, the father of the defendant, Ha, has compensated the victim with a total of 81000 yuan in medical expenses, and the school has also compensated for 44000 yuan in medical expenses. Chen and his family have expressed understanding for Ha's harmful behavior.
(2) Judgment results
After trial, the juvenile court of Jin'an District Court in Fuzhou City found that the defendant intentionally injured another person's body through violent means, causing one person to be seriously injured, and his behavior has constituted the crime of intentional injury. The defendant was under the age of sixteen at the time of the crime, voluntarily pleaded guilty during the court trial, and had voluntarily surrendered. His family members actively compensated for the victim's economic losses and obtained the victim's understanding. Moreover, the Jin'an District Judicial Bureau of Fuzhou City made an evaluation opinion on the defendant that was in line with community correction and met the conditions for probation and education. The defendant was given a mitigated punishment and probation was applied in accordance with the law. According to the criminal circumstances and repentance of the defendant, in accordance with the provisions of Article 234, Paragraph 2, Article 17, Paragraph 2, Paragraph 3, Article 67, Paragraph 1, Article 72, Article 73, Paragraph 2, and Article 76 of the Criminal Law of the People's Republic of China, the defendant Ha was sentenced to ten months' imprisonment and one year's probation for intentional injury.
(3) Typical significance
In order to ensure the physical and mental health of minors, cultivate their good conduct, and further prevent juvenile delinquency, in line with the policy of education and protection, effectively curb juvenile delinquency. Through vivid and real cases, we tell middle school students what illegal behavior is, what situations may lead to crime, and how to avoid illegal infringement and strengthen self-protection. Based on trial, deepening rights protection, adhering to the policy of "education, persuasion, and rescue", integrating education into trial, actively participating in the comprehensive management of social security, and making efforts to prevent and reduce juvenile delinquency, safeguard the legitimate rights and interests of adolescents, and build a harmonious society.
6、 He, Zhuo, and Lu gathered together to engage in a brawl case
(1) Basic facts of the case
At around 20:00 on November 9, 2012, the defendant He and Zheng (who had already been sentenced) had a conflict over trivial matters. Later, the defendants He, Lu, and Zhuo gathered Liu and other people to a technical college in Gaishan Town, Cangshan District, Fuzhou City. They engaged in a brawl with Chang, Zhao, Chang, Meng (who had all been sentenced) and others gathered by Zheng. Liu was later stabbed and killed by Chang with a dagger. On November 20, 2012, the public security organs arrested the defendant Lu Moumou at the Second Hospital of Fuzhou City, and on the same day, they arrested the defendants He Moumou and Zhuo Moumou at the Fujian Jianmin Engineering and Technical School in Caimao City, Cangshan District, Fuzhou City. After arriving at the case, the three defendants confessed their illegal and criminal facts without hesitation.
(2) Judgment results
After trial, the People's Court of Cangshan District, Fuzhou City found that the defendants He, Lu, and Zhuo, who gathered multiple people to participate in the brawl, had violated the Criminal Law and should be held criminally responsible for the crime of gathering people to engage in brawl in accordance with the law. The prosecution's charges against the defendants He, Lu, and Zhuo are clear in facts, sufficient in evidence, and convicted. The defense opinions of defendants He, Lu, and Zhuo requesting partial acceptance of their lenient or mitigated punishment. The defendants He, Lu, and Zhuo were under the age of 18 when they committed the crime, and should be given a lighter or mitigated punishment according to law. After being brought to justice, the three defendants were able to truthfully confess their crimes and had a good attitude of confession, and could be given a lighter punishment according to law. The defendants He, Lu, and Zhuo committed the crime for the first time and were under the age of 18 at the time of the crime. After arriving at the case, they had a good attitude of confession and indeed showed repentance. Moreover, all three defendants were students at school and had the conditions for guardianship and assistance. The application of probation would no longer harm society and would be more conducive to their education and reform. They were declared suspended in accordance with the law. The defendants He, Lu, and Zhuo committed minor crimes, and their criminal records will be sealed in accordance with the law. 1、 The defendant, He, committed the crime of gathering people to engage in brawl and was sentenced to 11 months in prison with a one-year and six-month probation. 2、 The defendant, Lu, committed the crime of gathering people to engage in brawl and was sentenced to 11 months in prison, with a probation of one year and six months. 3、 The defendant, Zhuo, committed the crime of gathering people to engage in brawl and was sentenced to 11 months in prison with a one-year and six-month probation. 4、 Defendants He, Lu, and Zhuo are prohibited from entering entertainment venues such as nightclubs, bars, discos, and internet cafes during the probation period.
(3) Typical significance
This case is a serious consequence of the death of one party due to a conflict between girls and the gathering of multiple people from both sides to participate in a brawl. The defendant's legal awareness is weak, and when encountering conflicts, they immediately resort to overpowering and violent methods to solve problems. The defendant, He, had a minor conflict with Zheng, but both parties gathered multiple people, even members of society, to engage in brawls on campus, posing a serious threat to campus safety. Little did they know that this behavior had violated the law and could have unexpected serious consequences. This court considers that the defendants are all students on campus and have not caused any casualties to the other party. Their community agrees to provide assistance and education to them, and the application of probation will no longer harm society. Therefore, they are declared suspended. The legal trial of this case has a certain deterrent effect on campus violence.
7、 Case of Three Minors Gathering in Changting to Fight and Cause Death
(1) Basic facts of the case
On the morning of December 2, 2014, the defendant Huang (15 years old) accompanied Lin Mouhua to the classroom to find Liang Moumou to argue and agreed on a time and place for a fight due to a dispute between his classmate Lin Moumou and the victim Liang Moumou.
At around 16:00 on December 5th, the defendant Huang gathered the defendants Xiao (15 years old), Zhong (17 years old), and Wen to ride a motorcycle to the entrance of Changting No. 5 Middle School, intending to help Lin and Liang fight. As Lin had already been picked up by his sister and it was just after school was over, there was no fighting between the two parties. Subsequently, the defendant Huang and the victim Liang arranged to fight at the playground behind Changting No. 3 Middle School at 2:00 pm the next day, Both sides also left QQ numbers for each other in order to fight.
At around 14:00 on December 6th, the victim Liang carried a backpack with a double stick inside to the back playground of Changting Third Middle School as agreed. The defendant Huang learned that the victim Liang had already brought someone to the back playground of Changting Third Middle School, and gathered the defendants Xiao, Zhong, Wen, Liu, and Dai to take two scooters to the back playground of Changting Third Middle School. At the scene, he met Zheng who had rushed to the scene upon hearing the news Lei (all handled separately). Under the instigation of other personnel on site, the defendant Huang rushed forward and punched the victim Liang on the head. Subsequently, the defendants Xiao, Zhong, Dai, Zheng, and Lei also approached and surrounded the victim Liang, causing him to be injured and fall to the ground. Among them, the defendant Xiao hit the victim's head and neck with a motorcycle lock, while the defendant Zhong also held the motorcycle lock and kicked the victim's leg; Others kicked the victim's buttocks and legs with their feet. After the fight was almost over, the three defendants fled the scene together. The victim, Liang, was beaten and fell to the ground. A 120 ambulance call was called by someone else and the doctor's on-site rescue was unsuccessful, resulting in his death.
After learning of the victim's death, the defendant fled to Longyan. Later, the police of Changting County Public Security Bureau arrested the defendant Xiao at the Longyan Feijian Internet cafe, and arrested the defendants Huang, Zhong, and Dai at the Longyan Linhai Hotel.
(2) Judgment results
After hearing the case, the People's Court of Changting County believed that the defendants had basically confessed their crimes upon their arrival, and had a good attitude of confession and repentance. They entrusted their families to compensate for the economic losses suffered by the victims' families, and obtained their understanding. Based on the principle that education and probation should be given priority to juvenile offenders, and punishment should be supplemented, on July 21, the Changting Court made a first instance judgment. Huang, the convener, and Xiao, who directly caused death, were sentenced to five years and six months in prison and five years and two months in prison, respectively. Zhong, the defendant, was sentenced to one year and eight months in prison and two years in probation for the crime of gathering and fighting.
(3) Typical significance
Campus brawling is a group crime that is highly harmful and involves a wide range of aspects. After accepting this case, the Juvenile Trial Division of Changting Court conducted an investigation on the defendants and found that the parents of each defendant were farmers or migrant workers with lower education levels. They often neglected to educate their children, resulting in the defendant's weak awareness of discipline and law. Additionally, the defendant, Huang, has been persuaded to leave by the school. Therefore, all sectors of society should provide education and care to students, and enhance their legal awareness and concept of the rule of law.
8、 A case of official provoking and causing trouble
(1) Basic facts of the case
On the evening of March 21, 2014, at around 21:00, the defendant Guan, along with Cai (a student) and others, used a hammer without reason to strike Lin, a student of the experimental high school who returned home from self-study at the entrance of the county experimental high school, causing his head injury. After being identified by the Physical Evidence Appraisal Office of the Qingliu County Public Security Bureau, the victim's injury was classified as a minor injury of level one. It was also found that during March 2014, the defendant Guan, along with Cai and others, repeatedly assaulted underage students at Qingliu County Children's Park, Kowloon Bridge, traffic light intersections, and campus entrances without reason, resulting in five students being injured to varying degrees. In the joint crime, the defendant Guan has reached the age of sixteen, while Cai and others have not reached the age of sixteen. Therefore, the defendant Guan has been prosecuted. The defendant, Guan, was arrested and brought to justice at his home in Fengxiang Street, and later truthfully confessed his crime.
(2) Judgment results
After trial, the People's Court of Qingliu County found that the defendant, Guan, disregarded national laws and regulations and social morality, and arbitrarily assaulted others, causing one minor injury and one minor injury. The circumstances were severe, and his behavior constituted the crime of provoking trouble. The defendant, Guan, has repeatedly beaten underage students at school and will be given a heavier punishment as appropriate; At the time of the crime, if the offender has reached the age of sixteen but not eighteen, he shall be given a lighter punishment in accordance with the law; Being able to truthfully confess one's crimes after arriving at the case is a confession and a lighter punishment in accordance with the law. According to the relevant provisions of the Criminal Law, the defendant, Guan, was sentenced to one year and three months in prison for the crime of causing trouble. After the verdict was pronounced, the defendant, Guan, expressed satisfaction with the verdict and did not file an appeal.
(3) Typical significance
This case is a typical case of campus violence. While campus violence undermines the normal order on campus, it also causes harm to students' physical and mental health, and some even hate schools and society. Therefore, the harm of campus violence cannot be ignored. The victim of this case, Lin, is an underage student at school, whose physiological and psychological development is not yet mature and lacks sufficient awareness and prevention ability when facing danger. Therefore, the defendant in this case, Guan, was given a heavier punishment for beating underage students without reason, which reflects the special protection of the judicial authorities for underage students; On the other hand, minors are not deeply involved in the world and their worldview has not yet been established, which is the most critical stage of personality formation and development, and also the period where they are most prone to develop rebellious psychology. Therefore, considering that the defendant in this case is a minor, while punishing his crime, he is also given a lighter punishment in accordance with the law, which is also a reflection of China's law's leniency and severity towards juvenile offenders. We hope that through this case, the majority of minors can learn a lesson, actively learn and abide by the law, and improve their ability to distinguish right from wrong. At the same time, we also call on schools, families, society, and the judiciary to increase the protection of minors and prevent campus injury accidents from the source.
9、 Xu's intentional injury case
(1) Basic facts of the case
On September 23 and 24, 2014, the defendant Xu (under the age of 15) was dissatisfied and criticized by victims such as Lin, who were also students of a certain high school, due to his walking posture and hairstyle. He harbored resentment and threatened to beat Lin. On the afternoon of September 24, 2014, during the break, the victims Lin, Huang, Weng, and students Song, Wu, and Chen arranged for the defendant Xu to go to the teaching building toilet of the school. Xu returned to the dormitory and brought a fruit knife to the appointment. In the restroom, the victims Lin and Chen beat and kicked the defendant Xu with their hands and feet. Subsequently, the defendant Xu, while being surrounded, pulled out his fruit knife and stabbed the victims Huang, Lin, and Weng. After identification, the degree of human injury of the victims Huang and Weng was classified as Level 2 serious injury, while the degree of injury of Lin was classified as minor injury.
(2) Judgment results
After trial, the People's Court of Licheng District, Putian City, Fujian Province found that the defendant Xu intentionally injured another person's body, causing two serious injuries and one minor injury. His behavior constitutes the crime of intentional injury. Given that the defendant Xu was under the age of sixteen at the time of the crime and was able to truthfully confess his crime after being brought to justice, and that the victim was at fault in this case, a mitigated punishment should be imposed. The defendant Xu's criminal behavior caused economic losses to the plaintiffs Huang and Weng in the incidental civil litigation, and they should be liable for compensation. In this case, the defendant in the incidental civil lawsuit, a middle school, as a manager, failed to discover that multiple students from different classes gathered in the restroom to cause trouble during class, causing Xu to stab Huang and Weng with weapons. The middle school should bear certain responsibility for the consequences of the injury. Based on this, in accordance with the relevant provisions of the Criminal Law, the defendant Xu was sentenced to one year and six months in prison for the crime of intentional injury. His legal representative and a certain high school compensated Huang and Weng for various economic losses, including medical expenses, totaling more than 30000 yuan, according to their respective shares.
(3) Typical significance
This case is a typical campus injury case caused by disputes between classmates. On the one hand, in school, it is very common for students to argue over trivial matters. Minors, in situations where their self-control is weak, take risks without considering the consequences, which is a major characteristic of juvenile delinquency. During the trial of this case, the court investigation found that the defendant Xu was introverted and did not like to communicate with parents and teachers. After being provoked by classmates' words, he impulsively stabbed his classmates, ultimately leading to the occurrence of this case. Therefore, when conflicts arise with classmates due to trivial matters, they should be resolved through legitimate means such as mutual consultation or reporting to teachers or parents, and should not be provoked or even resorted to violence. On the other hand, schools have the responsibility of educating, managing, and protecting students. If a student intentionally harms during class, the school should also bear corresponding responsibilities. So, preventing juvenile delinquency requires the joint efforts of the entire society.
10、 Liu, Xiao, Wang, and Yang committed a group brawl case
(1) Basic facts of the case
One day in March 2014, Wu, who was studying at Wuping No.2 Middle School, had a dispute with Zhong, a classmate from the next class, who was jealous of a female classmate. The two parties agreed to fight and fight at Shuziba Park in Wuping County on the afternoon of March 21. Later, Wu called and asked Zhang (to handle the case separately) to call someone and bring tools to help fight. On the afternoon of the same month 21st, Zhang invited the defendant to help fight and invited the defendant and others to eat and drink at a restaurant near the Second Middle School. The four defendants who received the call came to the open space near the water gate bridge in Shuziba Park and waited. Ten minutes later, Wu arrived at Shuziba Park. At around 5 pm that day, when Wu saw Zhong walking over the water gate bridge with someone, Wu immediately rushed forward with a galvanized pipe to beat Zhong. Upon seeing this, Zhong immediately ran away. Subsequently, Zhang and defendant Liu chased Zhong with a baseball bat. Not far away, defendant Wang saw Zhong running towards him and ran over to stop him and hit him to the ground. Defendants Xiao, Liu, and others approached and beat Zhong with galvanized pipes, resulting in fractures of his T2 and 3 left transverse processes. According to the identification of the Criminal Science and Technology Research Institute of Longyan Public Security Bureau, Zhong's injury belongs to the second level of minor injury. On May 7th, 9th, 13th, and 19th, 2014, the four defendants Liu, Xiao, Wang, and Yang successively surrendered to the Pingchuan Police Station of the Wuping County Public Security Bureau.
(2) Judgment results
After trial, the People's Court of Wuping County found that the four defendants, after being invited by others, actively participated in the brawl with weapons, causing one person to be slightly injured. The actions of the four defendants all constitute the crime of gathering people to engage in brawl. If the four defendants gather to engage in a brawl, resulting in one minor injury, the four defendants shall be given a heavier punishment as appropriate. When the four defendants committed the crime, they were all under the age of eighteen and were able to voluntarily surrender and truthfully confess their crimes. If there were circumstances of voluntary surrender, the four defendants would be given a mitigated punishment in accordance with the law, and their sentence could be suspended in accordance with the law. According to the relevant provisions of the Criminal Law of the People's Republic of China, the four defendants were sentenced to imprisonment of one year and eight months, with a probation of two years and six months, for the crime of affray. After the verdict was pronounced, all four defendants expressed their compliance with the verdict, did not appeal, and actively accepted community correction, striving to be a good law-abiding citizen.
(3) Typical significance
This case is a case of an inexperienced classmate who, for the sake of saving face and being competitive, mutually agreed and gathered others to engage in armed gatherings and brawls in a city park. The gathering of personnel involved underage students from several high schools in the urban area. Underage students love face, show loyalty, and show empathy, but do not pay attention to legal knowledge and do not think twice before acting. After being well fed and drunk, following the instructions of the protesters without asking the cause of the incident, colluding with others to engage in armed brawls at their invitation, which violates the criminal law. In practice, there are frequent cases of gathering people to engage in brawls or provoke trouble, and some adult offenders who have been punished for violating the criminal law may also be held criminally responsible by taking to the defendant's seat in court due to their loyalty to the world. The court comprehensively considered the criminal facts, nature, plot, and social harm consequences of the four defendants, combined with the characteristics of the four defendants being underage students, adhering to the criminal policy of "education first, punishment second", and adopting a lenient and strict combination of punishment. The four defendants were sentenced to probation and given the opportunity to continue learning and further education, which is consistent with the criminal responsibility and punishment, and achieved the unity of legal and social effects.
11、 Robbery case by Huang Kaiwen and Wei Moumou
(1) Basic facts of the case
In May 2010, defendants Huang Kaiwen and Wei, along with Zhang Kai (to be dealt with separately), conspired to climb a wall and enter Shunchang Vocational School in Fujian Province. Defendant Wei went to the school's electronic reading room and deceived several students from the school to the back of the cafeteria. Defendants Huang Kaiwen and Zhang Kai used language threats, body searches, and other methods to steal Zheng's RMB 10 and Hu's RMB 120, The other students did not find any property because they had no money on them. The stolen money was jointly squandered by the three people.
(2) Judgment results
After trial, the People's Court of Shunchang County believed that the defendants Huang Kaiwen and Wei used coercion and other methods to rob others' property for the purpose of illegal possession, and their actions constituted the crime of robbery. Defendants Huang Kaiwen and Wei Moumou will be given heavier punishment as appropriate for robbing minors. The defendant Wei, who was under the age of 18 at the time of the crime and voluntarily confessed in court, actively withdrew from the stolen money, showed signs of repentance, and was given a mitigated punishment in accordance with the law. The defendant Huang Kaiwen voluntarily pleaded guilty in court and showed signs of repentance, and will be given a lighter punishment as appropriate. According to the relevant provisions of the Criminal Law, the defendant Huang Kaiwen was sentenced to robbery, three years in prison, and a fine of 3000 yuan; The defendant Wei was sentenced to robbery and sentenced to one year and two months in prison, with a fine of 3000 yuan. The withdrawn stolen money of 130 yuan was returned to each victim.
(3) Typical significance
Robbery is a violent crime that seriously endangers social security, with significant social harm. Among them, campus robbery not only damages students' legitimate rights and interests, but also causes a certain degree of panic to students' psychology, disrupting the normal teaching order on campus. The two defendants in this case were both under the age of 18 when they committed the crime, both of whom were born from rural families with low educational backgrounds and neglected family education for their children; The defendant's lack of legal awareness ultimately led them to embark on a criminal path.
12、 Yang Moumou's intentional injury case
(1) Basic facts of the case
Zhou Min (sentenced) and the victim Chen (underage) had a conflict over their attempt to grab their girlfriend. On January 17, 2013, at around 9:00 pm, Zhou Min learned that Chen was at Nanping Agricultural School and gathered the defendant Yang (underage) and others to go to the school to beat Chen. When they met Chen at the slope of the back door of the school, Zhou Min rushed over and hit Chen on the head with a brick, Yang then scratched Chen Jimin's back with a knife he carried with him. As Chen ran to the school climbing bridge, Zhou Min rushed over and hit Chen Jimin. Yang also picked up a brick and hit Chen Jimin on the head. According to the appraisal by the Fujian Wuyi Judicial Appraisal Institute, Chen Jimin suffered from a concave fracture of the left parietal bone and an 11.5cm long wound on the left back due to trauma, all of which constitute minor injuries.
On April 9, 2013, the defendant Yang voluntarily surrendered to the public security organs and truthfully confessed his criminal facts. The public security organs took compulsory measures to release him on bail pending trial. On April 27 of the same year, Yang beat others and caused minor injuries. On May 13, he was detained for 6 days and fined 200 yuan by the public security organs. On May 22, he was arrested with the approval of the Jianyang District Procuratorate in Nanping City. After the co defendant Zhou Min returned to the case, he first compensated the victim Chen for all economic losses totaling RMB 10000. During the trial of this case, after mediation by our court, the defendant Yang also compensated the victim Chen for a total of 1000 yuan in continuing treatment expenses, and obtained the victim's understanding.
(2) Judgment results
After trial, the People's Court of Jianyang District, Nanping City found that the defendant Yang intentionally injured another person's body, causing one person to be slightly injured, and his behavior has constituted the crime of intentional injury. According to the relevant provisions of the Criminal Law, the defendant Yang was sentenced to five months of detention for the crime of intentional injury. The defendant Yang has no objection to the judgment result and stated that he will not appeal.
(3) Typical significance
The case occurred on campus, and both the defendant and the victim were minors, with the victim being a student on campus. The defendant, being misled by others, blindly speaks of friendship and harms underage students on campus with a murder weapon, may be given a heavier punishment as appropriate. Although there are multiple statutory and discretionary leniency circumstances, the defendant Yang was punished for carrying a controlled knife and also used a knife to harm others in this case. He is impulsive and lacks consideration in his actions. During his bail period, he also assaulted others due to minor incidents, resulting in minor injuries that are more severe. His parents, as guardians, failed to fulfill their duties of supervision and education, and he himself carries a certain degree of personal danger, Therefore, the defendant Yang does not meet the conditions for applying probation. During the trial of this case, the psychological counselor also concluded through psychological assessment that the defendant Yang is still young and easily immersed in his own world, with weak self-discipline and a certain degree of social danger. Therefore, the application of actual punishment in this case is more conducive to education, persuasion, and rescuing minors who have committed misconduct.
13、 Case of Lin and Lou forcibly insulting women
(1) Basic facts of the case
At around 17:00 on April 10, 2013, the defendant Lin believed that he had been insulted by Chen, and gathered Lou and Huang (both underage women) to seek revenge from a middle school student Chen (female, underage) in Guangze County. However, due to Chen's vigilant hiding, Lin and others failed to find him. At around 20:00 on the same day, Lin invited Chen out and took him to an alley behind a supermarket in Guangze County through someone else. Lin and Lou successively slapped the victim, pulled his hair, and other assaults, causing the victim's nose to bleed. Afterwards, Lin asked the victim to "take off his clothes". Chen dared not resist because he was afraid of crying, so he took off his clothes. Lin Honghong Lou and two other female students present made fun of the victim's onlookers. During this time, Lou took more than ten photos of Chen's nudity using his mobile phone, and then transmitted the photos to the attendees through Bluetooth on his mobile phone. That night, the victim Chen immediately reported to the public security organs and went to the hospital for medical treatment. Forensic examination revealed that the damage to Chen's nose and face was a blunt object injury, with a minor condition. Defendants Lou, Lin, and others deleted the naked photo of the victim from their phone after learning that the victim had reported the incident.
(2) Judgment results
After trial, the court found that the defendants, Lou and Lin, disregarded national laws and colluded with others to forcibly insult women through violent means, which constituted the crime of forcibly insulting women. This court comprehensively considers that the defendants Lin and Lou were first offenders, both under the age of 18 at the time of the crime. They voluntarily brought the case to justice and truthfully confessed their criminal facts. After the incident, they actively compensated and obtained the other party's understanding. Additionally, at the time of the incident, all the people present were female, and the naked photos of the victim were deleted without causing any other adverse effects. In combination with the investigation and evaluation opinions of the Judicial Bureau's suggestion on applying community correction to the defendant, Decide to reduce the punishment and apply probation to the defendant in accordance with the law. Lin was sentenced to two years in prison with a two-year probation for the crime of forcibly insulting women; Sentenced Lou to one year's imprisonment and one year's probation.
(3) Typical significance
The defendant and the victim in this case are both flowering girls, and the occurrence of the incident is shocking and heartbreaking. During the trial, we learned that the parents of the defendants Lou and Lin were divorced, and both lacked effective supervision from guardians since childhood. Their grandparents doted on them too much, and their discipline was weak. They lacked proper guidance during their adolescence, rebelled in their thinking, acted recklessly, and had a weak legal sense, leading them to commit crimes. The victim, Chen, also lacked self-protection awareness. Knowing that Lin and others had arrived at school in the afternoon of the day of the crime to retaliate against him, he recklessly agreed to go out that night and did not know how to call for help or escape when in danger. This case once again reminds us that parents should enhance their sense of responsibility, not only to ensure the material needs of their children, but also to attach importance to their psychological growth, strengthen the correct guidance of their outlook on life, and effectively fulfill their guardianship responsibilities. Schools should also strengthen safety education, especially for female students who should understand self-esteem, self-love, and respect others, and enhance their self-protection awareness.
14、 Chen's intentional injury case
(1) Basic facts of the case
At around 23:00 on January 20, 2015, the defendant Chen (then 16 years old) was beaten by Li and others in Room 409 of his dormitory building due to trivial matters. Later, the defendant Chen, in retaliation, took out a fruit knife from his 403 bedroom and held it outside his 409 bedroom to force Li back into his 412 bedroom, where he injured Li Xinsen's neck. After identification, the victim was injured, resulting in tracheal rupture and full esophageal rupture, which were repaired surgically and rated as serious injury level 2; Simultaneously causing mediastinal emphysema (self absorption), rated as mild injury level 1; A 7.3cm scar on the skin at the front of the neck, a thyroid contusion, and a small amount of air accumulation in the right chest cavity are rated as mild injury level 2, and a comprehensive assessment is rated as severe injury level 2. The defendant Chen was slightly injured. On March 27, 2015, the defendant voluntarily surrendered to the public security organs and truthfully confessed the aforementioned criminal facts. During the trial of this case, the defendant's family members have compensated the victim with economic losses of RMB 100000 and obtained the victim's understanding.
(2) Judgment results
After trial, the People's Court of Jimei District, Xiamen City found that Chen intentionally injured another person's body with a weapon, causing one person to be seriously injured, and his behavior has constituted the crime of intentional injury. The charges charged by the prosecution are established. Chen was at the age of 16 but not 18 at the time of the crime, and was a juvenile delinquent; After committing a crime, he voluntarily surrenders and truthfully confesses his crime, which is considered voluntary surrender; It has compensated the victim for economic losses and obtained understanding; The victim was at fault in this case; Based on the above circumstances, Chen can be given a mitigated punishment in accordance with the law, and applying a suspension of sentence to him will no longer harm society, so a suspension of sentence can be applied. The sentencing recommendations of the public prosecution organs are appropriate and adopted. The defense opinions of the defender are fully justified and accepted. Based on this, in accordance with relevant provisions of the Criminal Law, Chen was sentenced to one year and three months of imprisonment, with a two-year probation. After the verdict was pronounced, the defendant did not appeal, and the case has now taken effect.
(3) Typical significance
This case is a serial campus violence case caused by a dispute over trivial matters, which was caused by a "mild" violence that led to the violent criminal behavior in this case. The criminal behavior in this case belongs to a typical campus violence behavior. Due to the fact that both the defendant and the victim are classmates from the same school, their legal awareness is weak, and they are in a youthful and vigorous stage of adolescence, it is inevitable that disputes over trivial matters will lead to fights, which will eventually evolve into criminal offenses. In this case, considering that the victim was at fault for the consequences of the crime and that Chen had a good attitude of confession after the incident, he immediately reported to the police, contacted the grade teacher, and sent the victim to the hospital for treatment. The subjective malignancy was relatively small, and it was not intentional harm. Moreover, during the trial of the case, Chen's family was able to actively compensate for the victim's economic losses and obtained the victim's understanding. Therefore, Chen was sentenced to a suspended sentence, Give them an opportunity to return to society and hope to provide a warning education to students in school, so that they can understand how to properly handle conflicts and disputes, and how to respect each other.
15、 Zhuo Moumou's intentional injury case
(1) Basic facts of the case
On the afternoon of November 25, 2011, the defendant Zhuo (male, 14 years old at the time) had an argument with the victim Wang (male, 14 years old at the time) during a class in a middle school classroom in Shaxian County due to desk spacing issues, and was threatened by the victim. The defendant, afraid of being beaten by Wang, carried a fruit knife from home and hid it in his pocket when he went to school the next day. At around 8:50 on the same day, during the end of class, the victim patted the defendant's head from behind in the classroom, causing a fight between the two. During the fight, the defendant casually took out a fruit knife and stabbed the victim. After forensic appraisal by the Sha County Public Security Bureau, the victim's injury was classified as serious. The defendant waited for the public security organs to handle the case at the school security office after the incident, and truthfully confessed his criminal facts upon arrival. After the incident, the defendant voluntarily compensated the victim with RMB 71500 and obtained the victim's understanding.
(2) Judgment results
After trial, the Sha County Court found that the defendant intentionally and illegally harmed the physical health of another person, causing serious injury to one person, and constituting the crime of intentional injury. Due to the fact that the defendant was under the age of sixteen at the time of the crime and had voluntarily surrendered, after the incident, he took the initiative to compensate the victim for their economic losses and obtained the victim's understanding. Based on this, in accordance with the relevant provisions of the Criminal Law, the defendant is sentenced to one year and six months' imprisonment with a three-year probation for the crime of intentional injury.
(3) Typical significance
This case is a typical case of violence on campus caused by student disputes. According to the pre-trial social investigation conducted by the court, the defendant usually performs well, but is introverted and lacks communication with classmates. At the time of the incident, due to the trivial matter of desk spacing and disputes with classmates, the victim threatened the defendant with words, and the defendant carried a fruit knife to class for fear of being beaten, ultimately resulting in serious consequences. This type of case reflects that some minors are mentally immature and impulsive, unable to resolve conflicts and disputes between individuals in a reasonable manner. Families, schools, and society should pay attention to the physical and mental health of minors, improve their communication and interpersonal skills, and avoid the recurrence of such cases.
16、 Case of intentional injury by Huang, Li, Huang, and Zhang
(1) Basic facts of the case
At around 21:00 on March 28, 2012, the defendants Huang, Li, Huang, and Zhang were dissatisfied with the victim Deng and others drinking alcohol in their high school and receiving the money for the drink. The defendants Huang and Li proposed to teach the other party a lesson. Later, Huang and Li ordered several lower grade students to find three iron bars, and the four defendants were on a small road near the school playground, Beat the victim Deng and others with iron bars and kicks. After forensic appraisal by the Yong'an Public Security Bureau, the injury of victim Deng was classified as a serious injury, while the injury of victim Wei was classified as a minor injury of level three. On June 15, 2012, defendants Huang and Zhang voluntarily went to the public security organs for investigation after receiving a phone call from the Yong'an Public Security Bureau; On July 5, 2012, the defendant Li was arrested and brought to justice by the Yong'an Public Security Bureau; On August 14, 2012, the defendant Huang voluntarily submitted to the Yong'an Public Security Bureau.
It was also found that the four defendants compensated the victim Deng for a total of 88814 yuan in economic losses, and the victim Wei Rongzeng for a total of 22460 yuan in economic losses.
(2) Judgment results
After trial, the People's Court of Yong'an City found that the four defendants intentionally and illegally harmed the physical health of others, causing serious or minor injuries to others, and their actions constituted the crime of intentional injury. The behavior of the four defendants is a joint crime and shall be punished separately according to the circumstances and role of their crimes in accordance with the law. After the incident, all four defendants were able to truthfully confess their criminal facts and voluntarily plead guilty in court. Among them, three defendants also voluntarily surrendered and should be given a lighter or mitigated punishment. At the same time, all four defendants actively compensated the economic losses of the victims and obtained their understanding. They all had a good attitude of confession and a deep degree of repentance, and could be given a lighter punishment. According to relevant provisions such as the Criminal Law, the four defendants shall be sentenced to fixed-term imprisonment of three years to one year in November and a suspended sentence of five to three years for the crime of intentional injury.
(3) Typical significance
This case is a criminal case of a graduating junior high school student engaging in armed assault and injury to others on campus. The four defendants failed to treat the outsiders who broke into the campus to drink and cause trouble rationally and promptly reported to the teacher or the school security department. Instead, they developed a mentality of retaliation towards others after an argument with them, coupled with their weak control, impulsiveness, and poor ability to distinguish right from wrong, which led to the occurrence of tragedy, causing physical harm to others and sending themselves to prison. Under the guidance of the court, the four defendants realized the serious consequences of not paying attention to studying law and having weak legal awareness, and expressed sincere repentance. In order to give the four defendants a chance to repent without affecting their further education and future employment, the court sentenced them to probation. However, this incident has seriously affected their academic completion, and in the end, none of the four defendants were admitted to high school, bidding farewell to the colorful student days and changing their life trajectory. Therefore, increasing the legal publicity efforts of students on campus, improving their legal awareness and self-protection ability, is not only the responsibility of the school and family, but also the responsibility of the entire society. I hope such campus tragedies will not happen again.
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