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2023-08-09
The Supreme Court Announces Typical Cases of Criminal Crimes Occurred on Campus (Hebei)
On September 18, 2015, the Supreme People's Court held a press conference, and Chai Jianguo, a full-time member of the Judicial Committee of the Higher People's Court of Hebei Province, released typical criminal cases that occurred on campus in Hebei Province.
catalogue
1. Feng's intentional homicide case
2. An's intentional injury case
3. Case of intentional injury by Xi
4. Case of intentional injury by Wei and others
5. The crime of intentional injury committed by Dai, Chen, Li, Feng, and Ma
6. Xu, Feng, Feng, Yan, and Wang committed intentional injury cases
7. Ma's intentional homicide case
8. Zhao, Ai, and Niu provoke and cause trouble
9. Zhou's intentional injury case
10. Liu's intentional injury case
11. Yan's intentional injury case
12. Wang's intentional injury case
13. Wu, Guo, Chen, Wang, Hao, and Wang provoke and cause trouble
14. Jia's intentional injury case
15. Liu Moupeng's Intentional Injury Case
16. Li's intentional injury case
17. Fan, Yuan, and Guo provoke and cause trouble
18. Robbery by Qian, Wu, and Li
19. Ran's intentional injury case
1、 Feng Moumou's intentional homicide case
(1) Basic facts of the case
The defendant Feng (born on August 26, 1996) and the victim Shi (born on May 5, 1996) are both third year students of Pingshan County Foreign Language School. The two had a date in January and February 2012, and they still had contact after breaking up. The defendant Feng did not want to get along with Shi, so he had the idea of killing him. On the morning of June 5, 2012, Feng and Shi made an appointment to meet and went to Gao's vacant house in Dongjie Village, Pingshan Town, Pingshan County. The two chatted for a while and agreed to meet again the next day. At around 4:00 am on June 6, 2012, Shi drove an electric vehicle to the south gate of Jinxiu Garden in Pingshan Town. The defendant Feng brought a prepared iron rod with him to Gao's empty house again. After meeting, the two had an argument and exchanged blows. The defendant Feng used a prepared iron rod to repeatedly hit Shi on the head and face, resulting in his death. After identification, Shi was hit with a blunt instrument on the head by someone else, resulting in brain injury and death. On June 11, 2012, Feng's parents took Feng to the Pingshan County Public Security Bureau to report the case.
(2) Judgment results
After trial, the Intermediate People's Court of Shijiazhuang City, Hebei Province found that the defendant Feng intentionally and illegally deprived others of their lives, and his behavior constituted the crime of intentional homicide. The defendant Feng was under the age of sixteen at the time of the crime and should be given a lighter or mitigated punishment in accordance with the law. Five days after the incident, the defendant Feng surrendered under the guidance of his parents. After arriving at the case, Feng confessed to the main criminal fact of using an iron rod to kill his classmate Shi, and the defendant Feng should be deemed to have surrendered himself, which can be given a lighter or mitigated punishment in accordance with the law. The legal representative of the defendant Feng has already compensated the victim's relatives, and the incidental civil part of the victim's relatives has been withdrawn. The defendant Feng can be given a lighter punishment at his discretion. According to the provisions of Articles 232, 17, and 67 of the Criminal Law of the People's Republic of China, the defendant Feng is found guilty of intentional homicide and sentenced to ten years in prison. The defendant did not appeal, the prosecution did not protest, and the judgment has become legally effective.
(3) Typical significance
This is a serious criminal case caused by improper handling of early love. Perhaps it should not have happened to two teenage girls, but the reality is cruel and ruthless. The defendant did not want to continue dating the victim. In order to get rid of the victim, he recklessly killed the victim, causing harm to others and himself, and ultimately embarked on the path of crime. In this case, one of the two students paid the price of his life, while the other was imprisoned and lost his freedom during the best period of his life. The case caused irreparable harm to two families.
Adolescence is the transitional period from childhood to adulthood for everyone, and it is the most beautiful, touching, and crucial experience in a person's life. Because children during this period feel that they have grown up, become independent, and have ideas, but do not have sufficient control over many things, especially emotions, so do not get involved in the vortex of love during this period. Therefore, schools and parents should guide students to devote more energy to learning knowledge and increasing their intelligence.
Our high school regulations also prohibit early love. Early love is not supposed to happen, but what should we do if it really happens. We cannot simply block it, we should put more effort into guiding it. Due to various objective reasons nowadays, families, schools, teachers, and even society tend to care more about students' academic performance and pay relatively less attention to their psychological needs, leading them to be more inclined to receive a sense of care from the outside world. Early love naturally occurs. For example, appropriately increasing social or outdoor activities, strengthening the linkage between families, schools, and teachers, strengthening psychological intervention for adolescent students, and timely guidance are the fundamental solutions.
2、 An Moumou intentional injury case
(1) Basic facts of the case
On the noon of October 27, 2013, the victims Jia, defendants An, and Jia of a high school student in Luquan City, Hebei Province, celebrated their birthday as "sworn brothers" defendant Bai, and drank and ate together at a noodle stall located near the sports stadium in Luquan City. After drinking, the defendant Bai and An first had a dispute over the ranking of "sworn brothers". Later, the four of them left the hotel and went to the nearby Luquan Sports Stadium. The defendant Bai had a verbal conflict with Jia again. The defendant Bai asked who had a knife, and An took out the folding knife he carried from his right pocket. The defendant Bai then took the folding knife from An's hand and stabbed Jia in the left chest, The defendants Bai, An, and Jia sent Jia to the hospital for treatment. After identification, the victim Jia was seriously injured and constitutes a level 10 disability. After the incident, the defendant An compensated the victim Jia with 40000 yuan. During the trial, the defendant Bai and the victim Jia reached a mediation agreement on the civil compensation part.
(2) Judgment results
After trial, the People's Court of Luquan City, Hebei Province found that the defendant Bai injured Jia with a knife, causing serious injury, and his behavior constituted the crime of intentional injury; The defendant An provided tools for Bai to harm the victim, which also constitutes the crime of intentional injury. The defendants Bai and An, who were under the age of 18 at the time of their crime, should be given a mitigated punishment. The defendant An played an auxiliary role in the joint crime and was an accessory, so the punishment should be reduced compared to the main offender. The second defendant intentionally harms a victim under the age of eighteen, and shall be given a heavier punishment as appropriate. The economic losses caused by the joint injury behavior of the defendants Bai and An to the victim Jia shall be compensated in accordance with the law. Under the auspices of the court, the defendant Bai, the legal representative Bai Weihong, and the plaintiff in the incidental civil litigation have reached a mediation agreement; Defendant An and Bai committed a joint crime and should bear 50% of the civil compensation liability, which is 65715.69 yuan. After the crime, defendant An has already paid 40000 yuan to the plaintiff in the incidental civil lawsuit, and an additional 25715.69 yuan should be paid. Considering that the defendant is a student in school, the second defendant may be given a lighter punishment at their discretion. The defendant Bai and the victim Jia have reached a mediation agreement, and the victim understands the behavior of the defendant Bai. In summary, probation can be applied to the defendant Bai. According to the relevant provisions of the Criminal Law, the defendant Bai was sentenced to two years' imprisonment and three years' probation for the crime of intentional injury; The defendant An was sentenced to one year in prison for intentional injury. Defendant An and his legal representatives An Yongjun and An Cuixia compensated the plaintiff Jia in the incidental civil lawsuit with 25715.69 yuan.
After the verdict was pronounced, the defendant An appealed on the grounds that the sentence in the original trial was too heavy. In the second instance trial stage, the legal representative of appellant An actively compensated for the economic losses of the victim and obtained the victim's understanding,
The Intermediate People's Court of Shijiazhuang City, Hebei Province, held that the fact that the appellant An had committed the crime of intentional injury was clear, but the appellant An was under the age of 18 at the time of the crime and was a student in school. After the crime, he pleaded guilty and actively sent the victim to the hospital for treatment. He played a minor role in the joint crime and was an accessory. He actively compensated the victim and obtained the victim's understanding, and other statutory or discretionary lighter circumstances, According to the law, the appellant An was sentenced to ten months in prison and suspended for one year.
(3) Typical significance
Article 37 of China's Law on the Protection of Minors stipulates that "it is prohibited to sell tobacco and alcohol to minors, and operators shall set up signs in prominent positions that do not sell tobacco and alcohol to minors. For those who are difficult to determine whether they have reached adulthood, they shall be required to present their identity documents
Article 15 of the Law on the Prevention of Juvenile Delinquency in China stipulates: "Parents or other guardians of minors and schools shall educate minors not to smoke or drink excessively. No business premises shall sell cigarettes or alcohol to minors. Article 8 of the Regulations on the Protection of Minors in Hebei Province stipulates: "Parents or other guardians shall educate and stop minors from engaging in the following behaviors: smoking, drinking alcohol, falling in love, gambling, damaging public property and facilities, fighting with others, insulting others, reading or listening to, and watching bookbags, magazines, and audiovisual products that promote pornography and obscenity.
Teenagers are in a period of growth and development, and drinking alcohol not only damages their gastrointestinal function, but also leads to severe malnutrition and affects their physical growth and development. Moreover, after drinking, one is prone to impulsiveness, irritability, rudeness, and uncontrollability. Sometimes, a momentary mistake can lead to the abyss of sin, with lifelong regret. The criminal law of our country explicitly stipulates that individuals who are drunk should bear criminal responsibility for committing crimes. There are countless criminal cases caused by drinking and getting drunk around us, let alone children with weaker self-control, willpower, and legal awareness. Teenagers should be warned to stay away from alcohol.
3、 Case of intentional injury by Xi
(1) Basic facts of the case
One evening in February 2009, during a self-study break, Xi (born on September 13, 1992) was chatting with a female classmate. His classmate Zhang Yanmou joked, "In public, where are you talking to?" Xi felt insulted, and two competitive teenagers started pushing and shoving each other, only to be pulled away by his classmates. Zhang Yanmou felt that the fight had suffered losses, so he told his brother Zhang Moumou to seek revenge.
At around 15:00 on February 28, 2009, Zhang was instructed by his younger brother Zhang Yanmou to lead others at the intersection of Kangle Street Foreign Language Middle School in Pingshan County, preparing to beat Xi who was returning home from vacation. The defendant Xi learned of this and took a taxi to avoid it. When the taxi arrived at the north side of the intersection of Foreign Language Middle School in Pingshan County, it was pulled out of the car by Zhang and others, surrounded and fell to the ground. Xi got up and stabbed Zhang in the chest with a folding knife. After Zhang was injured and fell to the ground, Xi intercepted the vehicle and sent Zhang to the hospital for rescue. Zhang died on the same day due to a puncture in the aortic arch of his heart, resulting in hemorrhagic shock.
(2) Judgment results
The Intermediate People's Court of Shijiazhuang City, Hebei Province held that there was a dispute between Xi and Zhang Yanmou. Zhang Yanmou's brother, Zhang, gathered multiple people to surround Xi during school, and Xi stabbed Zhang in the chest with a knife, causing Zhang to die from hemorrhagic shock due to being punctured in the aortic arch. Xi's behavior constitutes the crime of intentional injury and should be punished according to law. Xi was under the age of eighteen when he committed a crime and should be given a lighter or mitigated punishment; After the incident, Xi attempted to prevent and mitigate the consequences of the harm and actively rescued Zhang. The punishment should be mitigated as appropriate; Zhang, as an adult, gathered multiple people to surround and beat the defendant. If he was at fault for the result of the injury, Xi should be given a mitigated punishment at his discretion; Xi and his family actively compensated Zhang's family for the losses caused by the injury. Therefore, in combination with the lighter and mitigated circumstances mentioned above, Xi was sentenced to five years in prison in accordance with the law.
(3) Typical significance
A joke caused an injury case, resulting in one death and one imprisonment. This outcome is something we don't want to see, the lesson is profound, and the cost is heavy.
At present, the phenomenon of school fights is increasing day by day, often developing into malignant criminal cases, resulting in physical disabilities and even the loss of precious lives of the victims. The perpetrators also cannot escape the tragic outcome of being imprisoned.
As the main place for minors to receive education, schools are a necessary place for their growth. Firstly, it is necessary to establish a people-oriented educational philosophy and fully leverage the leading role of school education. School is not only a place for learning knowledge and developing skills, but also a place for forming the values of minors. Secondly, legal education in schools must be institutionalized and scientific. At the same time, schools should strengthen management and actively guide minors in their abundant leisure time and energy, in order to reduce the occurrence of crime. In addition, schools should provide psychological counseling and treatment based on common mental health problems among minors. Help students to have a correct understanding of themselves and their surroundings, and overcome many emotional barriers in their growth. We also need to regularly communicate with parents, hold parent meetings to understand the situation of minors in the family, and provide targeted training on parents' educational theories and methods, so that parents can continuously correct incorrect educational methods, improve educational methods, and achieve the best educational results.
Teachers are the second parents of students, and homeroom teachers should especially strengthen their sense of responsibility, promptly identify conflicts, resolve disputes, and prevent major disasters from happening. Not only should we focus on students' learning, but we should also pay attention to their mental health. Students are in the stage of psychological growth and their psychology is not yet mature. Teachers should have a deep understanding of their inner world, cultivate a tolerant and optimistic attitude towards others. If any abnormalities are found in students, they should promptly understand the situation and help them solve problems, guide them to take the right path in life, avoid going astray, and regret for life.
Students themselves should regularly attend legal education lectures, focus on improving their legal awareness, enhance their awareness of compliance with laws, and achieve external influence to regulate their behavior. Enable oneself to understand what behaviors are allowed and what behaviors are not allowed from a young age, thereby cultivating a sense of law-abiding and regulating one's words and actions. To get along with classmates, we should be united, friendly, and caring for each other. We should not be overly selfish or narrow-minded, and we should not engage in big fights over trivial matters. As the saying goes, "Take a moment to calm the wind and the waves, take a step back from the vast sea and sky." If one acts excessively due to a momentary impulse, like Qin Long mentioned earlier, it will not only ruin one's own life, but also bring irreparable losses to family and society, and a mistake will become eternal hatred.
4、 Case of intentional injury by Wei and others
(1) Basic facts of the case
On the afternoon of May 26, 2010, during physical education class, Wang (born on February 16, 1997) spit on his classmate Ma (born on October 10, 1995) and asked him to drink water with saliva. After Ma found out, he beat Wang. Wang threatened to find someone to hit Ma, and Ma called on several classmates to teach Wang a lesson. Later, Ma was fired by the teacher for fighting, and Ma's classmates Wei, Zhang Jia, Zhang Yi, Liu, and Wei Jia agreed to vent their anger on Ma and hit Wang on the way out of school. At around 18:20 on June 2, 2010, defendant Wei gathered defendants Wei, Ma, Zhang Yi, Zhang Jia, Liu, Li, Song (at large), Zhu (at large), and Li (under the age of 14 and not criminally responsible) (all of whom were first year students) to injure victim Wang, who had a conflict with Ma, in a park at the northwest corner of the intersection of Zhonghua Street and Yuhua Road in Qiaoxi District, Shijiazhuang City. Among them, the defendants Wei and Wei kicked and clubbed the victim Wang on the head, while others punched and kicked other parts of Wang's body, resulting in multiple injuries to Wang's head and body. After assessment, Wang's injuries were classified as serious and rated as Level 1 disability. After the incident, the defendants Wei, Wei Jia, Ma, Zhang Yi, Zhang Jia, Liu, and Li surrendered and provided partial compensation.
(2) Judgment results
The Intermediate People's Court of Shijiazhuang City, Hebei Province held that the defendants Wei, Wei, Ma, Zhang, Zhang, Liu, and Li used brutal and violent means to severely injure and maim the victim Wang, with serious consequences and constituting the crime of intentional injury. If the charges charged by the public prosecution are established, the defendant should be held criminally responsible for intentional injury. The seven defendants are joint offenders, and the defendants Wei Moumou and Wei Moujia play a major role in the joint crime and are the main offenders; The defendants Ma, Zhang Yi, Zhang Jia, Liu, and Li played a secondary role in the joint crime and were accessory offenders. They should be given a lighter or mitigated punishment in accordance with the law; 7. The defendant voluntarily surrenders and truthfully confesses his criminal facts, which is considered voluntary surrender and may be given a lighter or mitigated punishment in accordance with the law; After the incident, the legal representatives of the seven defendants took the initiative to compensate the victim Wang for some of his economic losses, and were given a lighter punishment according to law; The seven defendants are all minors and should be given a lighter or mitigated punishment in accordance with the law; The seven defendants are all students in school, have no previous criminal record, and are first-time offenders. When sentencing, they will be given a lighter punishment as appropriate.
The defendant Wei was sentenced to intentional injury and sentenced to thirteen years in prison; The defendant Wei Moujia committed the crime of intentional injury and was sentenced to ten years in prison; Defendants Ma, Zhang Yi, Liu, Zhang Jia, and Li committed intentional injury and were sentenced to three years in prison with a probation of three to five years;
The plaintiff in the incidental civil lawsuit, Wang Moumou, requests that the seven defendants and their legal representatives jointly compensate for medical expenses, appraisal fees, nursing fees, food subsidies, nutrition fees, transportation fees, and disability compensation totaling 554724.37 yuan (268000 yuan already paid should be deducted), and they are jointly and severally liable.
After the judgment, the plaintiff in the incidental civil litigation, Wang Moumou, appealed and Shijia in Hebei Province
The People's Procuratorate of Zhuang City protested, and the Higher People's Court of Hebei Province rejected the appeal and protest after trial, upholding the original judgment.
(3) Typical significance
A prank among classmates resulted in one person being injured and disabled into a plant, while others were convicted and imprisoned. The lesson was profound, but the cost was heavy.
Class teachers and schools should particularly strengthen their sense of responsibility, promptly identify conflicts, resolve disputes, and prevent major disasters from happening. Not only should we focus on students' learning, but we should also pay attention to their mental health. Cultivate a tolerant and optimistic attitude among students. If any abnormalities are found in students, it is necessary to promptly understand the situation and help them solve problems, guide them on the right path in life, and avoid going astray and regretting for life.
Students themselves should learn legal knowledge, establish a legal concept, enhance their awareness of abiding by laws and regulations, and regulate their words and actions. To get along with classmates, we should be united, friendly, and caring for each other. We should not be petty, selfish, and narrow-minded, nor should we engage in big fights over trivial matters, leading to illegal crimes and imprisonment.
5、 Dai, Chen, Li, Feng, and Ma committed the crime of intentional injury
(1) Basic facts of the case
At around 21:00 on April 27, 2012, Li, a student in Class 2, Grade 8, Fengshan No.2 Middle School, Fengning Manchu Autonomous County, had an argument with the defendant Dai over trivial matters. The defendant Dai summoned the defendants Li, Feng, Chen, Ma, and others to come to Li's dormitory with tools such as mops and wooden sticks to beat Li and his classmates Zhang, Lv, and others in the same dormitory. Li and Zhang were injured. According to the forensic examination and identification of human injuries by the Public Security Bureau of Fengning Manchu Autonomous County, Li's degree of injury is considered serious, while Zhang's degree of injury is considered minor. During the litigation process, the legal representatives of the five defendants reached a civil compensation agreement with the victims Li and Zhang, and have already compensated for economic losses. It has been found that the defendant Dai was born on February 10, 1997; The defendant Li was born on January 16, 1997; The defendant Feng was born on May 7, 1997; The defendant Chen was born on March 1, 1997; The defendant Ma was born on March 24, 1997.
(2) Judgment results
After trial, the People's Court of Fengning Manchu Autonomous County in Hebei Province found that the defendant's intentional injury to another person's body, causing one person to be seriously injured or one person to be slightly injured, constitutes the crime of intentional injury. The facts charged by the prosecution are clear, the evidence is sufficient, and the charges are established. The intentional injury committed by the five defendants jointly constitutes a joint crime. The five defendants were all under the age of 18 at the time of the case and were minors. The defense opinions of the defense counsel that the punishment can be mitigated according to law are adopted by this court. The five defendants all expressed remorse after the incident, and their legal representatives reached a civil compensation agreement with the victim, obtaining the victim's understanding. The defense opinions of the defense counsel that they could be given lenient punishment at their discretion were adopted. The defense opinion of the defendant Ma, who believes that the defendant Ma is an accessory, is inconsistent with the facts and will not be adopted. To protect citizens' right to physical health from infringement and combat crime. According to Article 234, Article 25, Article 17, Paragraph 3, Article 72 of the Criminal Law of the People's Republic of China, and Article 9 of the "Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Justice on the Application of Ordinary Procedures to Trial Cases of" Defendant Confession ", it is determined that the defendant has committed the crime of intentional injury on behalf of someone, and shall be sentenced to two years' imprisonment and four years' probation; The defendant Li committed the crime of intentional injury and was sentenced to one year and six months in prison with a three-year probation; The defendant Feng committed the crime of intentional injury and was sentenced to one year and six months in prison with a three-year probation; The defendant Chen committed the crime of intentional injury and was sentenced to one year and six months in prison with a three-year probation; The defendant Ma committed the crime of intentional injury and was sentenced to one year and six months in prison, with a three-year probation.
The defendant did not appeal, the prosecution did not protest, and the judgment has become legally effective.
(3) Typical significance
This case is a campus violent crime case, and the defendants were all minors at the time of the incident. It is a campus violence incident caused by disputes between classmates that were not resolved in a timely manner and the situation further escalated. The above cases remind the school authorities to strengthen the management of the campus and surrounding environment. Schools should also increase the management of personnel around the school with the public security department, and establish good communication channels to reduce the possibility of primary school students being violated by personnel outside the school. Strengthen the regulation of such crimes from a legal perspective. The existing "Law on the Protection of Minors" and "Education Law" still need to enhance the operability of the protection of minors and campus safety by formulating and improving detailed rules. It is also possible to further modify or formulate new laws and regulations, clarify the responsibilities of schools, parents, and all parties in society, establish and improve relevant systems for the personal protection of students in school. At the same time, it is necessary to improve the mechanism for campus dispute mediation and handling, and resolve disputes in a timely manner, Preventing the intensification or transformation of conflicts; In addition, assistance should be provided not only psychologically but also economically to the victim to prevent them from transforming into new offenders.
6、 Case of intentional injury by Xu, Feng Jia, Feng Yi, Yan, and Wang
(1) Basic facts of the case
The defendants Xu, Feng, Feng, Yan, Wang, and the victim Sang were all students of Class 18, Senior High School, Experimental Middle School, Manchu Autonomous County at the time of the incident. At around 7:00 am on April 26, 2014, during morning self-study in the classroom of Class 18 of Senior High School, the defendant Feng Moujia and the victim Sang Mou had an argument over trivial matters, and the latter two fought against each other. The defendants Feng, Xu, Wang, and Yan did not pull the frame apart. Feng, Xu, Wang, and Yan then jointly assaulted Sang, causing Sang to be injured. At 9:00 on the same day, Sang went to a hospital in a Manchu Autonomous County for hospitalization treatment. After diagnosis, he was diagnosed with abdominal injury (closed), splenic rupture, pancreatic tail contusion, and retroperitoneal hematoma. Later, Sang underwent splenectomy and abdominal drainage. After forensic examination and appraisal by the Public Security Bureau of a certain Manchu Autonomous County, Sang's degree of injury is classified as serious injury level 2. After the incident, the relatives of the five defendants reached a civil compensation agreement with the victim and their relatives, jointly compensating the victim Sang for various economic losses of 492000 yuan, and obtaining the victim's understanding. Further investigation: Defendant Xu was born on August 6, 1997, Defendants Feng and Feng were born on February 14, 1997, Defendant Yan was born on July 15, 1997, Defendant Wang was born on August 26, 1996, both of whom were minors at the time of the incident.
(2) Judgment results
After a trial by a People's Court of a Manchu Autonomous County in Hebei Province, it was found that the intentional injury of defendants Xu, Feng, Feng, Yan, and Wang to another person's body and causing serious injury constitutes the crime of intentional injury. The prosecution charged the defendants Xu, Feng, Feng, Yan, and Wang with intentional injury, and the charges were established. The joint criminal act committed by the five defendants constitutes a joint crime. The defendants Xu, Feng Jia, Feng Yi, Yan, and Wang were all under the age of 18 at the time of the crime, which constitutes a juvenile crime. The defense opinions of the defense counsel that the punishment should be mitigated according to law are adopted. The defendants Feng Moujia, Feng Mouyi, and Wang Moumou had a good attitude of confession after the incident, obtained the victim's understanding, and showed signs of repentance. They can be given a lighter punishment according to law. Although the defendant Xu voluntarily surrendered after the incident, he failed to truthfully confess the facts of the crime in court. The defense opinion that the defendant Xu surrendered himself was not accepted by this court. The relative of the defendant Xu compensated the victim for economic losses and obtained the victim's understanding, and may be given a lighter punishment. The defendant Yan was able to plead guilty after the incident, and his relatives compensated for the victim's economic losses. With the victim's understanding, he may be given a lighter punishment. According to the provisions of Article 234 (2), Article 25, Article 17, Article 72 of the Criminal Law of the People's Republic of China, Article 279 of the Criminal Procedure Law of the People's Republic of China, and Article 505 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China, it is determined that the defendant Xu has committed the crime of intentional injury and is sentenced to three years' imprisonment and five years' probation; The defendant Feng Moujia committed the crime of intentional injury and was sentenced to two years in prison with a four-year probation; The defendant Feng Mouyi committed the crime of intentional injury and was sentenced to two years in prison with a four-year probation; The defendant Yan committed the crime of intentional injury and was sentenced to two years in prison with a three-year probation; The defendant Wang committed the crime of intentional injury and was sentenced to one year in prison with a two-year probation.
(3) Typical significance
This case is a campus violence crime case, where the defendants were all minors at the time of the incident. It was a campus violence incident caused by disputes between classmates that could not be reasonably resolved and the situation further expanded. The case reminds the school to strengthen the management of the campus and surrounding environment. Schools should also increase the management of personnel around the school with the public security department, and establish good communication channels to reduce the possibility of primary school students being violated by personnel outside the school. Strengthen the regulation of such crimes from a legal perspective. The existing "Law on the Protection of Minors" and "Education Law" do not provide sufficient protection for minors to protect campus safety. It is necessary to further revise and improve or develop new laws and regulations, clarify the responsibilities of schools, parents, and all parties in society, establish a sound national assistance system for victims, provide assistance not only psychologically but also economically, and prevent victims from turning into new criminals.
7、 Ma's intentional homicide case
(1) Basic facts of the case
The defendant, Ma, was dissatisfied during the previous semester at the Vocational Education Center in Fengnan District, Tangshan City because he believed that he had been bullied by his classmate Tian multiple times. On the morning of June 3, 2013, the defendant Ma purchased a folding knife in advance and returned to the school at around 11:00 pm that day. He found Tian in the northwest corner of the fitter internship workshop on campus and used the prepared folding knife to stab Tian several times in the chest and abdomen, causing his heart to rupture and death due to cardiac dysfunction. After the incident, the defendant Ma voluntarily entrusted the school leadership to report the case. During the litigation process, the family members of the defendant and the relatives of the victim reached a settlement agreement on civil compensation, and the family members of the defendant, Ma, compensated the economic losses of the victim, Tian, for RMB 80000 (already paid).
(2) Judgment results
After trial, the People's Court of Fengnan District, Tangshan City found that the defendant Ma, in order to vent his anger and retaliate, intentionally and illegally deprived others of their lives, and his behavior constituted the crime of intentional homicide. But after the defendant Ma committed the crime, he was able to voluntarily entrust the school leadership to surrender and wait for the public security organs to call the police on site. After arriving at the case, he truthfully confessed the criminal facts and should be deemed to have surrendered himself. And the defendant, Ma, was under the age of 18 at the time of the crime and was able to actively compensate the victim's family for economic losses. Based on the above circumstances, the defendant Ma may be given a lighter punishment in accordance with the law and at his discretion. According to relevant provisions such as the Criminal Law, the defendant Ma was found guilty of intentional homicide and sentenced to twelve years in prison. The defendant did not appeal, the prosecution did not protest, and the judgment has become legally effective.
(3) Typical significance
In recent years, the originally peaceful campus has become less peaceful, and violent incidents have occurred from time to time. This case is a malicious case of intentional homicide on campus. The defendant, Ma, chose to vent his negative emotions in an extreme way due to his weak legal awareness and poor self-control, resulting in a tragic incident that dealt a heavy blow to both families. In campus life, there are inevitably bumps in the interactions between classmates, especially at the age of sixteen or seven, when youth is full of vitality. The irritable and impulsive nature can easily escalate conflicts, and if not effectively resolved, it can lead to extreme behavior. After investigation and analysis, the defendant Ma had an introverted personality, and after being frustrated, he accumulated confusion and pain in his heart and could not be released for a long time. After his emotions erupted, he committed retaliatory killing and mercilessly deprived others of their right to life. Considering that the defendant Ma has a statutory and discretionary lenient punishment, he was sentenced to twelve years in prison, reflecting the principle of compatibility between criminal responsibility and punishment.
8、 Zhao, Ai, and Niu provoke and cause trouble
(1) Basic facts of the case
At around 16:30 on November 14, 2011, the defendants Zhao, Ai, and Niu were all students of Tangshan Foreign Economic and Trade School. While dining in the cafeteria of the school, they encountered the victim Wang, a student of Tangshan Energy Vocational and Technical College. The three of them unreasonably assaulted him, causing minor injuries and causing various economic losses totaling RMB 23111.96. The legal representatives of Ai and Niu provided one-time compensation and understanding for Wang's losses during the investigation stage, and Zhao's legal representatives during the second instance trial stage.
(2) Judgment results
The People's Court of Lubei District, Tangshan City believes that the defendants Zhao, Ai, and Niu randomly assaulted others, and their actions constituted the crime of provocation and trouble. The three defendants were all under age when they committed the crime, so they were given a lighter punishment in accordance with the law. Defendants Ai and Niu actively compensated the victim Wang for their losses and obtained an understanding. Therefore, they were given a lighter punishment according to the law. The three defendants had a good attitude of pleading guilty in court, so they were given lenient punishment according to law. Given that the victim Wang is a minor, the three defendants will be given heavier punishment according to law. According to relevant provisions of the Criminal Law, the defendant Zhao was sentenced to one year in prison, the defendant Ai was sentenced to eight months in prison, suspended for one year, and the defendant Niu was sentenced to six months in detention, with a one-year suspension, for the crime of causing trouble. After the verdict was pronounced, the defendant Zhao appealed on the grounds that the original sentence was too heavy, while his original legal representative Zhao Jianjun appealed on the grounds that Zhao did not constitute the crime of causing trouble, the original sentence was too heavy, and the compensation amount was too high. The Tangshan Intermediate People's Court held that the original judgment accurately convicted the three defendants in the original trial, the sentencing was appropriate, and the trial procedure was legal. The reasons for appeal raised by the appellants Zhao Moumou and Zhao Jianjun are not supported. Given that during the second instance, Zhao's family members were able to actively compensate for the victim's economic losses and obtain understanding, they may be given a lighter punishment according to the law. According to the law, the defendant Zhao was sentenced to ten months in prison; The sentences of the defendants Ai and Niu remain unchanged.
(3) Typical significance
This case is a typical case of provoking and causing trouble on campus. The three defendants only assaulted the victim due to their dissatisfaction. The three of them ignored organizational discipline, acted recklessly, and acted recklessly, ultimately causing serious consequences and leading to the abyss of illegal crime. This case has sounded an alarm for families, campuses, and society, strangling juvenile delinquency in the cradle, with a significant responsibility. If the three defendants' free and unrestrained personality and psychology can be timely alleviated, this incident can be completely avoided. Although the three defendants bear corresponding legal responsibilities for this, it is crucial to focus on preventing campus violence before it occurs, strengthen legal education and publicity, and pay attention to the mental health of minors.
9、 Zhou's intentional injury case
(1) Basic facts of the case
On the noon of August 27, 2013, Zhou, a high school student in Sanhe City, had a conflict with Wu while eating in his dormitory due to classmates Wu and Yang grabbing his food. Afterwards, Wu passed on two messages to Zhou through his classmate Jia Bo, and arranged for Zhou to meet at Hongsheng Ecological Park in Sanhe City after noon on August 29th to resolve the matter. Zhou agreed to purchase a fruit knife from a store east of his school on August 28th. At around 11:30 on August 29th, when Zhou walked out of the school gate, he saw Wu and several students who were already waiting at the school gate. Wu, along with several classmates, called Zhou to the small square near Hongsheng Ecological Park in Sanhe City. Wu hit Zhou on the head with a wooden stick, but Zhou dodged and hit him in the hand. Zhou immediately took out a fruit knife he had purchased beforehand from his pocket and stabbed Wu in his left arm and waist, Later, Zhang, who came up to push Zhou, was stabbed in the left upper limb and left knee. Wu's degree of injury was identified as serious by the forensic examination of the Langfang Public Security Bureau. Zhang's injury was identified as minor by the forensic examination of the Sanhe Public Security Bureau. After the incident, Zhou informed his parents by phone that he had stabbed his classmate, and then went to Sanhe City Hospital to visit Wu. At the Sanhe City Hospital, Zhou handed over the tool of the crime to the public security personnel and went to the Liqizhuang Police Station for interrogation by the public security organs.
(2) Judgment result
The evidence in this case indicates that the defendant, Zhou, was unable to handle the dispute with his classmates properly and resorted to violent means to cause serious injuries to his classmates. His behavior has constituted the crime of intentional injury. The defendant, Zhou, took out a fruit knife from Wu's pocket to retaliate when he hit him on the head with a wooden stick, posing a threat to his right to physical health. This was a defensive act aimed at stopping Wu's illegal infringement. However, the serious consequences of causing Wu's serious injury clearly exceeded the necessary limits of legitimate defense. Therefore, the defendant's behavior was considered excessive defense. In addition, on the day of the incident, the defendant Zhou injured Wu and voluntarily went to the hospital to see him. He handed over the crime tool to the public security police for questioning. The next day, he arrived at the case promptly according to the summons time of the public security organs and truthfully confessed the criminal facts. His behavior reflects the initiative and voluntariness of surrendering, and according to legal regulations, he can be considered to have surrendered voluntarily. Meanwhile, the defendant Zhou was under the age of seventeen at the time of the crime, and after the incident, Zhou's legal representative compensated the victim for some of the losses. Given the above criminal facts and sentencing circumstances, the defendant Zhou was convicted of intentional injury and sentenced to one year and seven months in prison.
(3) Typical significance
In response to the fact that this case is an injury case between students on campus, both the defendant and the victim are minors. Therefore, before the trial, the collegial panel carefully sorted and analyzed the case, and carefully formulated a trial plan. Before the trial, the collegial panel specifically contacted the school's academic director and teachers, inviting them to participate as compassionate teachers in the trial, with the intention of allowing the defendant and victim to be better influenced by people they are usually familiar with. During the trial, the collegial panel and the prosecutor respectively provided relevant legal education to the defendant and the victim, and the school teachers who appeared in court also provided advice and persuasion to the defendant. In the end, the defendant not only pleaded guilty in court and regretted, but also sincerely apologized to the victim and their relatives. On the other hand, the school's academic affairs director and teachers had a lot of feelings after listening to the trial. They stated that they had only conducted daily management and simple legal education for students on campus before, and the depth was not enough. Participating in such a trial makes them feel that daily legal education for students is imperative and needs to be continuously deepened. In the future, it is important to carry out more legal publicity and actively carry out educational activities to prevent juvenile delinquency in school management.
10、 Liu Moumou's intentional injury case
(1) Basic facts of the case
At around 18:00 on November 28, 2012, Zhao, a sophomore student of Yongqing County High School, had an argument with Liu, a student of the same grade, over trivial matters. That night, Zhao gathered his classmate Xiao and the victim Gou to find the defendant Liu in Liu's dormitory, and both parties agreed to fight. At around 10 pm that evening, after the school dormitory turned off the lights, Zhao, Xiao, Gou, and others went to find Liu again. On the way, Zhao and others met and had an argument in the dormitory corridor. Gou first rushed forward and kicked Liu, causing Liu and Gou to fight each other. Zhao and Xiao also went forward together to beat Liu. During the fight, the defendant Liu stabbed the victim Gou with a fruit knife he carried with him, causing him to fall to the ground with head injuries. He was later sent to the hospital for treatment. On December 23, 2012, the victim Gou died after ineffective medical treatment. After identification, Gou was stabbed in the head with a sharp weapon during his lifetime, resulting in open craniocerebral injury and death. On July 1, 2013, the People's Procuratorate of Yongqing County, Hebei Province filed a public prosecution with the People's Court of Yongqing County, Hebei Province, alleging that the defendant Liu was guilty of intentional homicide. On September 29 of the same year, the defendant Zhao and Xiao were charged with the crime of gathering and fighting.
(2) Judgment result
After trial, the People's Court of Yongqing County, Hebei Province found that the defendant Liu intentionally injured the victim's body with a knife during the fight, resulting in his death, and his behavior constitutes the crime of intentional injury; The defendant, Liu, had a fight with multiple opponents and was found to have engaged in a gathering and fighting behavior, which is clearly inappropriate; There is no obvious contradiction between the defendant Liu and the victim, and there is no evidence to suggest that the defendant Liu had a motive or purpose for killing. Therefore, the prosecution accuses the defendant Liu of applying the provisions of Article 292 (2) and Article 232 of the Criminal Law of the People's Republic of China, which constitutes intentional homicide and is not supported. The defendant Liu was under the age of 18 at the time of the crime and was given a mitigated punishment in accordance with the law. The defendant Liu voluntarily surrendered and truthfully confessed the criminal process, which is considered voluntary surrender and a mitigated punishment in accordance with the law. The defendant Liu, with the help of his relatives, compensated for the economic losses suffered by the victim's relatives and obtained their understanding. He was given a lighter punishment as appropriate. Taking into account the defendant Liu's confession, repentant attitude, and consistent behavior, as well as the victim's fault, it is determined that the defendant Liu is guilty of intentional injury and sentenced to four years in prison. After the verdict was pronounced, the People's Procuratorate of Yongqing County, Hebei Province filed a protest, and the Intermediate People's Court of Langfang City, Hebei Province upheld the original judgment. The judgment has taken legal effect. On October 23, 2012, the People's Court of Yongqing County, Hebei Province found that the defendants Zhao and Xiao were guilty of the crime of gathering people to engage in affray, and were sentenced to two years and six months of imprisonment, three years of probation, and exemption from criminal punishment.
(3) Typical significance
This case is a typical case of intentional injury leading to death in campus injuries. In recent years, the number of campus injury cases has gradually increased, ranging from provoking trouble and gathering people to engaging in brawls, to serious cases of intentional injury or murder. Cases of students fighting each other on campus should be given high attention. Firstly, attention should be paid to the tendency of young people in school to gather and gang up with others when they have conflicts. This superficial attitude of brotherhood and loyalty should become a part of education in schools. Friendship is the wine of life, but in the process of making friends and dealing with things, one should enhance their ability to distinguish right from wrong. The unprincipled martial arts complex of putting in trouble for friends is not worth advocating, Whoever you are with and what you do should fully consider the consequences. Secondly, cases where both the infringer and the victim are minors should be given attention and reflection during the handling process. In today's society, there are many channels for obtaining information. Minors who have reached the critical point of 18 years old have reached the level of adults in terms of psychology and ability to distinguish right from wrong. While society is paying widespread attention and providing special protection, minors should also have full self-esteem, self-love, and self-respect. They should not act impulsively and think twice before acting, in order to prevent the momentary impulse from causing irreparable losses to others and also ruining their own future. In response to this particularity, while fully safeguarding the legitimate rights and interests of the victims, this case also tries to consider the future development of the underage defendants, giving them the opportunity to reform. On the basis of factual evidence, the accusation of intentional homicide against the defendant Liu was changed to intentional injury, and the sentencing of the three underage defendants was lenient. On the basis of achieving educational goals, Help them return to society as soon as possible.
11、 Yan's intentional injury case
(1) Basic facts of the case
The defendant Yan and the victim Li are classmates at the same school. On April 12, 2013, during the morning self-study, the defendant Yan had a conflict with Bi, a student of Class 232 in the same high school. At noon on the same day, Bi's classmate friend Li approached the defendant Yan and demanded an apology from him. The two sides had another argument. In the dormitory corridor of Guangzong County No.1 Middle School, the defendant Yan injured Li on the right side of the head with a cloth pole, and it was determined that the victim Li was seriously injured. After the incident, the defendant Yan voluntarily surrendered to the public security organs, compensating the victim Li for various losses of RMB 80000, and obtaining the victim's understanding.
(2) Judgment results
The Guangzong People's Court of Hebei Province believes that the defendant Yan was unable to calmly handle conflicts and disputes with his classmates, intentionally harming others' bodies and causing serious injuries, and his behavior has constituted the crime of intentional injury. The People's Procuratorate of Guangzong County has been convicted of the charges, and this court has confirmed them. After the incident, the defendant Yan voluntarily surrendered to the public security organs and truthfully confessed his criminal behavior, which should be deemed as voluntary surrender. He should actively compensate the victim for economic losses and obtain the victim's understanding. Moreover, if he was under the age of 18 at the time of the incident, the punishment should be reduced. The defense counsel argues that the defendant surrendered voluntarily and was a minor at the time of the crime. The court supports the defense opinion requesting mitigation. According to the relevant provisions of the Criminal Law, the defendant Yan Fang was sentenced to one year's imprisonment and one year's probation for the crime of intentional injury.
(3) Typical significance
This case is a typical campus violent criminal incident, where conflicts between classmates should be handled calmly. However, the defendant Yan was unable to handle the conflicts and disputes with classmates calmly, intentionally harming others' bodies and causing serious injuries, which constitutes a crime. Due to the fact that he/she voluntarily surrendered, compensated the victim for economic losses, obtained the victim's understanding, and was a minor at the time of the crime, he/she should be given a lighter punishment in accordance with the law. Therefore, the above judgment is made.
12、 Wang's intentional injury case
(1) Basic facts of the case
At around 16:00 on April 21, 2013, Zhou and Gao met Wang, who had previously had an argument with Gao, at the entrance of the "North Star" internet cafe in Nanhe County. Gao and Wang had a verbal disagreement and had a fight. Wang took out a dagger and scratched Gao's left arm. Zhou came forward to help fight, but Wang stabbed him in the right knee with a dagger.
At around 12:00 on September 19, 2014, Li and Liu, a middle school student in Nanhe County, had conflicts due to class management. Li called Wang, Zhang, and others, while Liu called Yang, Ding, and others. The two sides arranged to fight at Heyang Square in Nanhe County. Li, Wang, and Zhang assaulted Liu. After the fight, Yang, along with Liu, Ding, and others, caught up with Wang's gang. Yang had an argument with Wang, and Yang stepped forward to kick Wang. Wang took out a dagger and stabbed Yang in the back of the waist.
(2) Judgment results
After trial, the People's Court of Nanhe County, Hebei Province found that the defendant Wang intentionally injured another person's body, causing minor injuries to the victims Zhou and Gao on April 21, 2013. During the bail period, the defendant also caused minor injuries to the victim Yang. In this case, the defendant Wang is a minor and should be given a lighter punishment in accordance with the law; The defendant has a good attitude of pleading guilty and compensated the victims Zhou and Gao, obtaining their understanding. According to the law, the defendant can be given a lighter punishment as appropriate.
According to relevant provisions of the Criminal Law, the defendant Wang was sentenced to two years and six months in prison for the crime of intentional injury. After the verdict was pronounced, the defendant Wang appealed. During the trial process of the Intermediate People's Court of Xingtai City, Hebei Province, the defendant Wang proposed to withdraw the lawsuit. The Intermediate People's Court of Xingtai City, Hebei Province ruled to allow the defendant Wang to withdraw the lawsuit. The judgment has come into effect and the defendant has delivered for execution.
(3) Typical significance
This case is a typical case of campus violence. Firstly, this case reflects the loopholes in the management of minors on campus. Both the defendant and the victim in this case are minors; Secondly, this case reflects the repeatability of campus violent crimes. In this case, after the defendant Wang caused minor injuries to the victims Zhou and Gao, his mother showed excessive indulgence after Wang committed a crime and borrowed money to mediate the matter. During the period of bail pending trial, Wang committed another crime. Thirdly, in campus violent crime cases, the victim's awareness of safeguarding their rights is weak, and they usually adopt a method of using violence to control violence, rather than actively adopting legal means to solve the problem. In this case, the defendant was originally a victim of bullying, but failed to take legitimate measures to safeguard their own interests and solve the problem. Instead, they carried controlled knives with them and resorted to violent means to retaliate, turning the victim into a perpetrator, resulting in malignant consequences.
13、 Wu, Guo, Chen, Wang, and Wang provoke and cause trouble
(1) Basic facts of the case
(1) Between May and June 2012, defendants Wu, Guo, Chen, Wang, and others forcibly demanded more than 190 yuan in cash and a black Golden Eagle brand motorcycle from Shi, a student of the Xingtai Mining Bureau's technical school, to resolve the dispute in Zijin Park, Qiaoxi District, Xingtai City. After appraisal, the value of the motorcycle is 3681 yuan. (2) On May 17, 2012, the defendants Wu, Guo, Chen, Wang, and others forcibly demanded the removal of one mobile phone from Ding and one mobile phone from Yao, as well as more than 10 yuan in cash, in the dormitory 206 of Apartment 4 of Xingtai Technician College, on the grounds of resolving a medical dispute with student Hou. After appraisal, the total value of the two mobile phones is 853 yuan. (3) On May 20, 2012, the defendants Wu, Guo, Chen, Wang, and others forcibly demanded the removal of students Zhao and Hao from Xingtai Technician College in dormitory 443, apartment 4, for over 40 yuan in cash. (4) In June 2012, the defendant Wu forcibly demanded the removal of a student named Hua from Xingtai Technician College, with over 60 yuan in cash, in dormitory 443 of apartment 4. (5) At around 7 pm on August 27, 2012, the defendants Chen, Wang, Wang, and others unjustifiably assaulted Xu, a student of Xingtai Technical College, on the playground, resulting in a fracture of both sides of Xu's nasal bone. After identification, Xu's injury was minor. The plaintiff in the incidental civil lawsuit, Xu, was hospitalized for 13 days at Xingtai Eye Hospital after being injured, and paid a total of 5911.49 yuan in medical expenses.
(2) Judgment results
After trial, the People's Court of Qiaoxi District, Xingtai City found that the defendants Wu, Guo, Chen, Wang, and Wang forcibly demanded property from others, and the circumstances were serious. They indiscriminately beat others without reason, causing minor injuries to both of them. The circumstances were severe and disrupted social order. Their actions all constituted the crime of seeking provocation and causing trouble, and should be punished according to law. The prosecution charges each defendant with clear criminal facts and sufficient evidence, and the charges are established. The defendants, Wu, Guo, and Chen, have committed multiple crimes against minors and students, and may be given a heavier punishment at their discretion. The defendants Wu, Guo, Chen, and Wang were under the age of 18 at the time of the crime and were given a lighter punishment in accordance with the law. The defendant Guo, who assisted the public security organs in apprehending accomplices, should be deemed to have performed meritorious deeds and given a lighter punishment in accordance with the law. The defendant Wang voluntarily surrendered to the public security organs after the incident, truthfully confessing the facts of the crime, which is considered voluntary surrender and a lighter punishment in accordance with the law. The defendant Wang was under the age of 16 when accusing one, two, or three crimes in the indictment, and did not reach the legal age for criminal responsibility. Therefore, no criminal punishment shall be imposed in accordance with the law. The five defendants voluntarily pleaded guilty in court, and the defendants Chen, Wang, and Wang took the initiative to compensate the victim for their economic losses. With the understanding of the victim and their relatives, they were given a lighter punishment at their discretion. The defense opinions put forward by the defense counsel of the above-mentioned defendant, such as the defendant being under the age of 18 at the time of the crime, being a minor, being a first-time offender, and having a good attitude of confession, are adopted by this court. Due to the economic losses caused to another victim, Xu, due to the injurious behavior of the defendants Chen, Wang, and Wang, the defendants Chen and their legal representatives Chen, Wang, and their legal representatives Wang, are legally liable for civil compensation. According to the evidence and relevant standards submitted by the plaintiff in the incidental civil litigation. According to Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injury, it shall be determined that the defendant Chen and his legal representative Chen, the defendant Wang, and the defendant Wang and his legal representative Wang have compensated the plaintiff Xu and his legal representative Wu for the economic losses caused by the incidental civil litigation, including medical expenses of 5911.49 yuan and transportation expenses of 200 yuan, The nursing fee for hospitalization is 1300 yuan, the hospitalization food subsidy is 650 yuan, and the nutrition fee is 500 yuan, totaling 8561.49 yuan. The court does not support the other medical expense evidence (prescription) proposed by the plaintiff Xu in the incidental civil litigation due to non-compliance with relevant regulations and other litigation requests. Taking into account the criminal facts, circumstances, frequency, degree of social harm, attitude towards confession, and performance of repentance of each defendant. According to Article 293, Paragraph 1, Article 36, Paragraph 1, Article 17, and Article 67, Paragraph 1 of the Criminal Law of the People's Republic of China, Article 1 and Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Dealing with Surrender and meritorious Service, and Articles 119 and 130 of the General Principles of the Civil Law of the People's Republic of China Article 133 stipulates that the defendant, Wu, shall be sentenced to one year and two months in prison for the crime of causing trouble. The defendant Guo committed the crime of causing trouble and was sentenced to eleven months in prison. The defendant Chen committed the crime of causing trouble and was sentenced to one year and four months in prison. The defendant Wang committed the crime of causing trouble and was sentenced to one year in prison. The defendant Wang committed the crime of causing trouble and was sentenced to ten months in prison with a one-year probation. Defendant Chen and his legal representative Chen, Defendant Wang, Defendant Wang and his legal representative Wang have compensated the plaintiff Xu and his legal representative Wu for various economic losses in the incidental civil litigation, totaling RMB 8561.49. Reject other litigation requests submitted by the plaintiff Xu in the incidental civil litigation.
(3) Typical significance
With the continuous development of our country's society, campus juvenile delinquency is on the rise, becoming more and more the subject of the crime of causing trouble. Most of these minors have no subjective understanding of the crime, do not understand the harm of criminal behavior, and even have defendants who do not consider their actions inappropriate. Specifically, it can be summarized as the following: (1) Film and television dramas often have violent plots and use the so-called "loyalty" as a positive theme to praise. This causes teenagers who have not yet fully discerned to develop a mentality of imitation, and when similar situations occur in real life, they are easily "drawn to the scene", thereby inducing crime. (2) The proliferation of online credit and lack of regulation. The development and popularization of the internet not only facilitate people's access to knowledge, but also create a serious problem: lax review of credit information, leading to the proliferation of various types of credit, and harmful information seriously eroding the minds of minors. (3) Online games are often bloody and violent. The virtual world in online games not only greatly satisfies the sensory stimulation of teenagers, but also greatly affects their pure psychology and behavior. Once encountering situations similar to those in games in real life, the overlap between the "me" in the game and the "me" in reality can easily lead to crime. This case belongs to a typical campus provocation and disturbance case, and the defendants mentioned above are subject to corresponding criminal penalties based on their respective crime frequency, nature, plot, and degree of social harm. Through this case, it can be seen that parents and schools lack education for their children. In terms of family education, parents lack positive education, moral education, correct behavior education, and ideal education for their children, and excessive indulgence makes many children lack a sense of responsibility and progress. In terms of education, excessive emphasis is placed on exam oriented education, neglecting the shaping of children's personalities. The "score only theory" causes great pressure on students with unsatisfactory grades, leading to children's self abandonment, self indulgence, and ultimately leading to the path of crime. Parents are the best and first teachers for children, and family education is crucial for their growth. Parents should provide correct family education to minors and promote their healthy growth. In terms of school education, on the one hand, schools should vigorously promote and attach importance to strengthening legal education, including basic legal knowledge in their compulsory courses. On the other hand, they should establish psychological counseling rooms to timely guide the psychology of minors and reduce their criminal factors psychologically.
14、 Jia Moumou's intentional injury case
(1) Basic facts of the case
In October 2009, the defendant Jia clashed with fellow student Li in the male restroom of the school due to a physical collision. Jia beat Li and stabbed him in the back with a fruit knife about 10 centimeters long, causing open blood and pneumothorax on his right side. After forensic appraisal by the Public Security Bureau of Xinhe County, it has been determined that Li's injury constitutes a minor injury. The defendant Jia was at the age of fourteen but not eighteen when he committed the crime. The guardian of defendant Jia and the guardian of the victim reached a mediation agreement on civil compensation and compensated the victim with 16000 yuan for various economic losses.
(2) Judgment results
After trial, the People's Court of Xinhe County found that the defendant Jia intentionally injured others' bodies, causing minor injuries, and his behavior has constituted the crime of intentional injury. The defendant Jia has reached the age of fourteen but not eighteen, and is subject to relevant provisions of the Criminal Law, and should be given a lighter or mitigated punishment. According to the relevant provisions of the Criminal Law, the defendant Jia was sentenced to six months' imprisonment and one year's probation for the crime of intentional injury.
(3) Typical significance
This is a typical case of a student committing a crime in school. Schools are the hardest hit areas for juvenile delinquency. During their time in school, teenagers are at a critical time to increase their experience and shape their outlook on life and the world. They are highly susceptible to the influence of unhealthy teenagers outside of school and negative film and television works, which can have a negative impact on their behavior and life, resulting in negative consequences. Schools should further strengthen legal education for minors in conjunction with their families, seize the signs of crime from the source, and prevent campus violence and maintain campus safety. In addition, for minors who commit crimes of harming minors, the principle of two-way protection should be adhered to. When protecting the legitimate rights and interests of minor victims in accordance with the law, the legitimate rights and interests of minor defendants should also be protected in accordance with the law. Article 11 (1) of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Juvenile Criminal Cases stipulates that when applying penalties to juvenile offenders, full consideration should be given to whether it is conducive to education and correction of juvenile offenders. In this case, based on the principle of "education first, punishment second" and the policy of "education, probation, and rescue", the minor defendant Jia was sentenced to six months' imprisonment with a one-year probation.
15、 Liu Moumou's intentional injury case
(1) Basic facts of the case
At around 22:00 on September 25, 2013, the defendant Liu organized 8 students from Room 303 and 6 students from Room 211 of Beifeng Middle School in Beifeng Township, Daming County to fight in Room 303. During the fighting, Rong (to be dealt with separately) and Liu and others beat each other, resulting in Liu's death. After identification, Liu Moupeng was found to have died of respiratory and circulatory failure caused by acute myocarditis and interstitial pneumonia, with fighting and emotional excitement being the triggering factors.
(2) Judgment results
The People's Court of Daming County, Hebei Province believes that the defendant Liu has no national law and instigates others to intentionally harm others' bodies and cause death, which constitutes the crime of intentional injury. The defendant Liu is a minor, and his relatives compensated for the economic losses suffered by the victim's relatives, obtaining the victim's understanding. According to law, the defendant should be given a mitigated punishment. According to the relevant provisions of the Criminal Law, the defendant Liu was sentenced to seven years in prison for the crime of intentional injury. After the verdict was pronounced, Liu appealed. The Intermediate People's Court of Handan City, Hebei Province has ruled in accordance with the law to dismiss the appeal and uphold the original judgment.
(3) Typical significance
Juvenile delinquency has become a concern of the whole society, including reasons for minors themselves and inadequate family education. In this case, Liu organized a fight between Rong, Liu, and others who did not have criminal responsibility. During the fight, Rong caused Liu's death, and Liu, as the organizer, was responsible for the consequences of the injury. His family should have strengthened education for Liu, cared more about his child's growth, and established a correct outlook on life and values for his child. However, Liu's parents ignored the importance of education and reported regret after his child committed a crime.
16、 Li Moumou's intentional injury case
(1) Basic facts of the case
At around 22:00 on July 1, 2014, the defendant Li and his classmate Wu had a dispute in the male dormitory of the Yingchun Campus of Xianxian No.1 Middle School in Hebei Province. A few minutes later, Wang had his classmate call Li to the 621 dormitory on the 6th floor. Li had a premonition that there might be a fight and put the knife into his pocket. Upon arriving at the dormitory, the victims Wang, Wang, Peng, and others engaged in a fight with Li. During this process, Li used a knife to kill Wang, Wang Peng was stabbed by three people. After identification, Wang's chest injury belongs to level 2 serious injury, Wang's multiple limb injuries belong to level 1 minor injury, and Peng's right lower limb injury belongs to level 2 minor injury. The parties involved in the civil part have reached a mediation agreement and reached an understanding.
(2) Judgment result
The People's Court of Xian County, Hebei Province believes that the defendant Li intentionally injured another person's body with a knife, causing one person to be seriously injured and two people to be slightly injured. His behavior has constituted the crime of intentional injury and should be punished. The defendant, Li, is a minor who has voluntarily surrendered and actively compensated for the victim's losses. He has obtained an understanding and should be given a mitigated punishment in accordance with the law. Based on the principle of prioritizing education on juvenile delinquency and supplementing punishment, and based on the circumstances of their crimes and their repentance, the application of probation will no longer harm society, and can be declared suspended in accordance with the law. According to the provisions of Article 17, 234, 72, and 73 of the Criminal Law of the People's Republic of China, it is determined that Li has committed the crime of intentional injury and is sentenced to two years and six months of imprisonment with a three-year probation. The defendant does not appeal, the procuratorial organ does not protest, and the judgment has become legally effective.
(3) Typical significance
In this case, the defendant was initially bullied, but due to a premonition that Wang and his classmates might be at a disadvantage, they prepared tools to go and failed to properly handle the relationship, which led to the occurrence of this case. Campus should strengthen the promotion of students' legal knowledge. We believe that punishment is not a good solution to the problem of campus violence. Schools should organize more activities for students to exchange and collaborate, enhance collective awareness, and enhance the awareness of unity and friendship. Attention should be paid to students' daily lives and dangerous items such as knives should be avoided from entering the campus. Currently, there is a situation where there are too many students and too few teachers, and management may not be meticulous and effective. We suggest that faculty should take responsibility and care for students' learning and physical and mental education simultaneously, creating a good learning and growth environment for students.
Through the trial of juvenile cases, we have also found that the majority of juvenile delinquents have divorced parents or work outside, do not live with their parents, and lack family education, which may lead to personality isolation, introversion, lack of expression in situations, and a love for cornering. The child's family growth environment is crucial, and no matter how good campus education is, it cannot replace the family. Some children, from childhood to adulthood, have never stored their thoughts of caring for others and being kind to others in their minds. If they fill their life dictionary, it may not be enough to infringe on my interests. If they are unhappy, they must vent their unhealthy psychology. So, it is crucial for families to educate their children. Don't just love your own children and feel that they have suffered a little injustice. It doesn't matter what other children do, which invisibly leads to a wrong direction for their physical and mental health and ultimately affects their healthy growth.
The defendant in this case is a high school student. Although our law stipulates a case sealing system for this type of crime, it is not known whether it will have an impact on their college entrance examination and employment. We hope that relevant departments will pay more attention to the growth of minors in this type of case and give them a chance to start anew and choose their lives.
17、 Fan, Yuan, and Guo provoke and cause trouble
(1) Basic facts of the case
The defendants Guo and Liu (to be dealt with separately) are students of Laishui County Vocational and Technical Education Center. At around 21:00 on September 25, 2013, Liu and his classmates had a fight and were injured due to trivial matters. Guo contacted Fan, and later Fan, Yuan, Zhan (handled separately), Wu (handled separately) and others entered the campus. Under the leadership of Liu and others, Fan and others entered the boys' dormitory and randomly assaulted students in rooms 206, 104, and the school playground, causing minor injuries to students Wang and Chen. Some students fled the school, causing serious chaos in the work and life order of the school.
Furthermore, it was found that the defendant Guo and the victims Wang and Chen reached a settlement agreement on injury compensation and fulfilled it. Wang and Chen expressed their understanding towards Guo.
(2) Judgment results
Defendants Fan, Yuan, and Guo, due to conflicts and disputes between Liu and his classmates, resorted to violence and indiscriminately assaulted students on campus, causing minor injuries to two students and disrupting campus order. The circumstances were heinous. The actions of the three defendants constituted the crime of provoking trouble, and the prosecution was found guilty of the charges, which are supported by this court. The defendant Yuan was sentenced to a heavier punishment for theft when he was under age. After the three defendants pleaded guilty and repented, they were given a lighter punishment. After the defendant Guo committed a crime, he actively compensated for the losses of the victim and obtained the victim's understanding. The defendant Guo was given a lighter punishment, and the relevant opinions of the defender were adopted by this court. After learning that his classmate Liu was injured, the defendant Guo actively contacted off campus personnel and participated in beating the student, but did not accept the defense's argument that he was an accessory. Based on this, in order to protect citizens' personal rights, maintain public order, and punish crimes, in accordance with the relevant provisions of the Criminal Law, the defendant Yuan was sentenced to one year and six months in prison, the defendant Fan was sentenced to one year and four months in prison, and the defendant Guo was sentenced to one year and one month in prison with a three-year probation.
(3) Typical significance
The campus is a palace for spreading knowledge and cultivating the future, always a sacred and inviolable place, and violent crimes against the campus are even more severely punished by the law. In this case, some of the defendants were also campus students who were supposed to study hard and acquire knowledge, but they met unhealthy young people in society and introduced them to the campus. They participated in disputes caused by trivial matters among school classmates and indiscriminately assaulted other innocent students, ultimately violating the law and taking the path of crime. Teenagers have unclear concepts of right and wrong in their growth process, and their worldviews and values are easily influenced by others. Therefore, it is crucial to know what kind of people and receive what kind of guidance. The inducement of this case was only due to trivial disputes among classmates, but due to the lack of correct guidance and problem-solving methods, it ultimately attracted the participation of off campus personnel and violated the criminal law. Considering that the third defendant in this case is a student in school and has reached a compensation understanding agreement with the victim, the court ultimately granted him a suspended sentence.
18、 Robbery case involving Qian, Wu, and Li
(1) Basic facts of the case
On the afternoon of July 12, 2014, the defendants Qian, Wu, and Li, along with Wang and He (both under the age of 14), discussed going to play in Li County Square. On the way to the square, Wang proposed to rob, but everyone else agreed. At around 16:00, at the entrance of the Construction Bank in Lixian Square, five people stopped Zhang together. He kicked Zhang down, Wang beat him, and the two threatened him. Later, the five people took away the victim Yi, a blue and white Xidesheng mountain bike. After appraisal, the mountain bike is worth 1116 yuan. At around 3:00 pm on the same day, the defendant Li, together with Wang and He, robbed Li's black Gemas mountain bike in a alley on the west side of the original deaf and mute school in Li County. After appraisal, the mountain bike is worth 1100 yuan.
(2) Judgment results
The defendants, Qian, Wu, and Li, conspired with others to rob others' property through violence or coercion with the purpose of illegal possession. Among them, the defendants, Qian and Wu, participated in one robbery, valued at 1116 yuan; The defendant Li participated in two robberies, worth 2216 yuan; All three defendants' actions have constituted the crime of robbery. The prosecution was found guilty of charges. The defendants Qian, Wu, and Li were all under the age of 18 at the time of the crime. Among them, Qian and Wu were under the age of 16 and Li was under the age of 15, all of whom were minors and should be given a lighter or mitigated punishment. The defendants Qian, Wu, and Li played a secondary and auxiliary role in the first crime charged in the indictment, and were accessory offenders. Therefore, they should be given a lighter or mitigated punishment. Due to the fact that each of the three defendants is a minor under the age of sixteen, the criminal policy of education, probation, rescue, and punishment should be fully implemented during sentencing. It is advisable to reduce the punishment for the three defendants. The defendant Li actively participated in and assaulted the victim in the second crime, so his designated defender's claim that the defendant was an accessory in the crime was not accepted. The three defendants voluntarily plead guilty and may be given a lighter punishment. After the incident, the Xidesheng mountain bike was seized by the public security organs and returned to the victim. The indictment accused the third defendant of the first crime of passively returning the stolen goods, and may be given a lighter punishment as appropriate. The legal representative of the defendant Li voluntarily compensated the economic losses of the second victim. Li obtained the victim's understanding and may be given a lighter punishment at his discretion. After investigation, all three defendants are first-time and occasional offenders, and may be given a lighter punishment as appropriate. The criminal target of the three defendants is a minor, and they may be given a heavier punishment according to their discretion. The prosecution adopts the sentencing suggestions of the defendant. The court verdict: Firstly, the defendant Li committed robbery and was sentenced to one year and ten months in prison, with a fine of 1000 yuan. 2、 The defendant Qian committed robbery and was sentenced to ten months in prison, with a fine of 500 yuan. 3、 The defendant, Wu, committed robbery and was sentenced to ten months in prison, with a fine of 500 yuan.
(3) Typical significance
The three defendants are all minors under the age of sixteen. Due to parents being busy with their own work and neglecting to discipline their children, they believe that their children should be well fed and clothed, without paying attention to their moral, intellectual, and legal education. The complexity of the current social environment and the deterioration of public security, as well as various bizarre temptations, make it difficult for children who lack control and physical and mental maturity to distinguish right from wrong, Sometimes, out of brotherly loyalty or irresistible temptation, one takes the path of crime.
As trial judges, we should provide more care and spiritual comfort to minors who have gone astray. We should pay attention to deeply understanding the life and growth background of delinquent minors, guide them to sincerely repent, help them solve practical difficulties, and enable delinquent minors to smoothly return to society.
19、 Ran Moumou's intentional injury case
(1) Basic facts of the case
Ren, a student of Daweizhuang Middle School in Qingyuan District, had a conflict with Ma, a student of that school, due to trivial matters at school. Ren asked Zhao Xu and Lu to help find someone to beat Ma. At around 6 pm on June 22, 2012, Zhao Yamou (sentenced) called Zhao Hongmou, Zhao Beimou (sentenced), Zhao Congmou, and Liu Moumou (sentenced). Shen Moumou (sentenced) called Liu Yamou (sentenced), Liu Chuanmou, Feng Moumou, Sun Mou (sentenced), and Shen Guangmou (sentenced) at the entrance of Daweizhuang Middle School, waiting for Ma Moumou. Cui Hemou met defendants Ran and Cui Mengmou on his way home from school. Cui Hemou informed Ran and Cui Mengmou that Ren and others were going to beat Ma. Ran and Cui Mengmou decided to pick him up. I met Zhao Ya and others near Daweizhuang Middle School, and they had an argument before fighting. Ran stabbed Zhao Yamou in the lungs with a fruit knife, causing bilateral pneumothorax, foreign body retention in the left chest, left lung laceration, and surgical treatment, resulting in a second degree serious injury. After the incident, on March 28, 2015, Ran compensated Zhao Yamou for economic losses of RMB 30000.
(2) Judgment results
After trial, the People's Court of Qingyuan District found that the defendant Ran intentionally injured another person's body, causing one person to be seriously injured at level two, and his behavior has constituted the crime of intentional injury. The criminal facts charged by the public prosecution organs are clear, the evidence is reliable and sufficient, and the charges are established. They should be held criminally responsible in accordance with the law. The defendant Ran, who committed the crime with a murder weapon, should be given a heavier punishment as appropriate. The defendant Ran was under the age of eighteen at the time of the crime and should be given a lighter punishment. The defendant Ran Moumou truthfully confessed his crime, which is a confession and can be given a lighter punishment. The defendant Ran has compensated the victim for economic losses and has obtained the victim's understanding. He may be given a lighter punishment as appropriate. Taking into account the above circumstances, the defendant Ran can be suspended in accordance with the law. According to the relevant provisions of the Criminal Law, the defendant Ran Moumou was sentenced to three years in prison with a three-year probation for the crime of intentional injury. After the verdict was pronounced, Ran did not appeal, and the verdict has now come into effect.
(3) Typical significance
The object of intentional injury crime is the right to physical health of others, and the subject of this crime is the general subject. Any natural person who reaches the age of criminal responsibility and possesses the capacity for criminal responsibility can constitute this crime. Among them, if a natural person who has reached the age of 14 but not the age of 16 intentionally harms or causes serious injury or death, they shall bear criminal responsibility. In this case, the defendant Ran, who was supposed to report the problem to the teacher in a timely manner, impulsively pulled out a knife and stabbed someone else. His behavior has constituted the crime of intentional injury, and he should be held criminally responsible in accordance with the law. Ran Panchao's behavior caused great harm to both families, which is regrettable. When a tragedy occurs, our society should not blindly blame and impose severe punishment on it. This will only increase children's hostility towards society, increase the burden on society, and increase judicial costs. We should provide them with maximum tolerance, guide and reduce their hatred and retaliation towards society to the greatest extent possible, make them truly useful to society, and promote a more harmonious society. After comprehensive consideration, the court applied a probation to Ran Panchao in order to give him a chance to make a comeback.
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