Xicheng District People's Court of Beijing Municipality
Criminal judgment
(2020) Kyoto 0102 first time No. 525
(Excerpt)
Defendant Wang Tianye (foreign name WANGTIMTIAN-YE), male, 23 years old (born on August 15, 1997), Nationality of the United States of America, master's degree in culture, former planner of Huayi Brothers (Beijing) Film Culture Co., Ltd., living in Changping District, Beijing. He was detained on May 6, 2020, on suspicion of obstruction of public service, and arrested on May 21, 2020. He is currently detained at the Beijing No. 3 Detention Center.
The People's Procuratorate of Xicheng District of Beijing Municipality, People's Republic of China, alleg
Defendant Wang Tian also entered the courtyard of others at about 0:00 on April 29, 2020, at no. ××, Villa ××, ×××× Town, Changping District, and when the police officers Wu X, Wang X1, Guo X, and others from the Beijing Municipal Public Security Bureau's Beiqi Police Station rushed to the scene to perform their duties in accordance with the law, they refused to cooperate with the work of the police, and successively beat Wu X, Wang X1, and Guo X, resulting in a fracture of the right inferior orbital wall of the police wu X and a laceration of the right upper eyelid. After identification, Wu's right inferior orbital wall fracture constituted a minor injury of the second degree, and his right upper eyelid laceration constituted a minor injury.
Defendant Wang Tian was later arrested by the police on the spot.
In response to the above allegations, the public prosecution provided the corresponding evidence to the court. The public prosecution organ held that defendant Wang Tian also violently attacked the people's police who were performing their duties in accordance with law, obstructing the order of social management, and his conduct violated the first and fifth paragraphs of article 277 of the Criminal Law of the People's Republic of China, and he should be investigated for criminal responsibility for the crime of obstructing public service. Request for punishment in accordance with law.
Defendant Wang Tian also did not object to the facts alleged in the indictment in court and pleaded guilty.
Defendant Wang Tianye's defenders Yang Xiguang and Duan Gang put forward the following defense opinions in court: First, defendant Wang Tian also admitted guilt and accepted punishment; second, defendant Wang Tian was also a first-time offender or an occasional offender; third, defendant Wang Tian also apologized to the injured police and was willing to actively make financial compensation through his family; fourth, defendant Wang Tian also had a fixed residence and stable work in the territory of the People's Republic of China; and requested that defendant Wang Tian also be given a suspended sentence and not be deported with it.
After trial, it was ascertained that defendant Wang Tian also smashed items in the courtyard of No. ××, ×× Villa××, ×× Town, Changping District, Beijing, the People's Republic of China, after drinking, and when the police officers Wu X, Wang X1, Guo X, and others from the North Seven Police Stations of the Beijing Municipal Public Security Bureau of the People's Republic of China rushed to the scene to perform their duties in accordance with the law, the defendant Wang Tian also refused to cooperate with the work of the police, and successively beat Wang X1, Wu X, and Guo X, resulting in a fracture of the right inferior orbital wall and a right upper eyelid laceration, which was identified. Wu's fracture of the right inferior orbital wall constituted a minor injury of the second degree, and the right upper eyelid laceration constituted a minor injury; the defendant Wang Tian was later criminally summoned by the public security organs.
The above facts are confirmed by the following evidence provided by the public prosecution organs and cross-examined by the court:
1． The testimony and identification records of the witness Wu Mou (the police of the North Seven Police Stations of the Changping Branch of the Beijing Municipal Public Security Bureau of the People's Republic of China) prove that at 0:48 on April 29, 2020, the police station received 110 police officers saying that "at the entrance of the ×× of the villa in ×× Town, Changping×× District, a drunken man entered the policeman's house and smashed things", deputy director Zhang Mou1 took himself, police officer Wang Mou1 and auxiliary police officer Wang Mou2 to the scene to carry out work, after arriving at the scene, he and Zhang Mou1 and Wang Mou1 have indicated the identity of the police to the on-site personnel. At that time, Wang Mou1 was guarding a drunken man outside the police hospital, when Zhang Mou1 and himself learned about the situation in the policeman's home, he heard the sound of Wang Mou1 being beaten by the drunk man, and he immediately went outside the hospital to control the drunk man, at that time, Wang Mou1's left face was already puffy, and then he and Wang Mou2 and the police Guo Mou, who came to support him, took the drunk man to an ambulance to restrain and sent him to a nearby hospital to sober up, the drunk man was emotional, insulted himself, and hit his face with his head After sending the drunken man to the hospital, he was also diagnosed in the hospital, and his injuries were laceration of the upper eyelid of his right eye, a fracture of the lower wall of the right orbit and a nasal trauma. After legal procedures, Wu identified the defendant Wang Tian as a drunken man who beat himself in the course of law enforcement by the police.
2． The testimony and identification records of witness Wang Mou1 (police officer of the North Seven Police Stations of the Changping Branch of the Beijing Municipal Public Security Bureau of the People's Republic of China) prove that at 00:48 on April 29, 2020, the police station received 110 police officers saying that "at the entrance of the ×× of the villa in×× ×× Town, Changping District, a drunken man entered the policeman's house and smashed things", deputy director Zhang Mou1 took himself, the police officer Wu and the auxiliary police officer Wang Mou2 to the scene to work, after arriving at the scene, he and Wu first took a drunken man from the courtyard of the policeman's home to the door. At that time, he and Wu had shown the identity of the police to the person, Wu and Zhang Mou1 then went to the policeman's home to understand the situation, when they verified the identity information with the drunk man, the man suddenly hit his left side of the face with his right hand, and then there were police officers to the scene to support, and contacted the ambulance to take the drunk man to the nearby hospital to sober up. After legal procedures, Wang Mou1 identified the defendant Wang Tian as a drunken man who beat himself in the course of law enforcement by the police.
3． The testimony and identification records of the witness Guo Mou (the police officer of the North Seven Police Stations of the Changping Branch of the Beijing Municipal Public Security Bureau of the People's Republic of China) prove that at about 1 o'clock on April 29, 2020, he received a notice from the police station that "someone in the villa area of the ×× is suspected of obstructing official business", and he and the police officer Li then rushed to the scene to provide support, and he saw a restrained drunken man lying on the ground insulting the police and the surrounding masses, deputy director Zhang Mou1 and the police Wu Mou and Wang Mou1 were verifying the information of the surrounding masses. At that time, Wang Mou 1's left face was somewhat puffy, after the 999 ambulance arrived at the scene, he and Wu Mou, auxiliary police Wang Mou 2 were responsible for taking the drunken man to the nearby hospital for sobering, in the process of vehicle driving, the drunk man was emotional and had been insulting the law enforcement personnel, and suddenly hit the right side of Wu's right face with the left side of his head, wu's right eye and nose were bleeding at that time, and then the people sent the drunken man to the hospital to sober up; at the mouth of the hospital emergency department, the drunk man also hit his head with his head. He shook his police cap, but did not cause obvious trauma to himself. After legal procedures, Guo identified the defendant Wang Tian as a drunken man who hit Wu with his head in the course of law enforcement by the police.
4． The testimony of witness Li Mou (police officer of the North Seven Police Stations of the Changping Branch of the Beijing Municipal Public Security Bureau of the People's Republic of China) proves that at about 1 o'clock on April 29, 2020, he received a notice from the police station that "someone in the villa area of the ×× is suspected of obstructing official business", he and the police officer Guo Mou then rushed to the scene to provide support, and he saw a drunken man who had been restrained (Wang Tianye) lying on the ground insulting the police and the surrounding masses, deputy director Zhang Mou1 and the police Wu Mou and Wang Mou1 were verifying the information of the surrounding masses. At that time, he saw that the left side of Wang Mou1's face was somewhat puffy, and after the 999 ambulance arrived at the scene, Guo Mou and Wu Mou and auxiliary police officer Wang Mou2 were responsible for taking the drunken man to the nearby hospital for decanting.
5． The testimony of witness Zhang Mou1 (deputy director of the North Seven Police Stations of the Changping Branch of the Beijing Municipal Public Security Bureau of the People's Republic of China) proves that at 00:48 on April 29, 2020, the police station received 110 police officers saying that "at the entrance of the ×× of the ×× villa in ×× Town, Changping District, a drunken man entered the policeman's house and smashed things", and he immediately notified the patrol car group police Wang Mou1 and Wu Mou to go to the disposal, and after rushing to the scene, they saw that Wang Mou1 and Wu Mou had learned about the situation in the courtyard of the ×× Villa ××. Because he saw a drunken man in the hospital (Wang Tianye) was not clear in speech and had been insulting the police, he arranged for Wang Mou1 and auxiliary police officer Wang Mou2 to take the drunk man to the outside of the ×× courtyard to continue to understand the situation, when he and Wu mou inspected the scene in the ×× courtyard, he heard Wang Mou1 questioning why the drunk man beat people, and after he came out of the courtyard, he learned that the drunk man slapped Wang Mou 1, and he and the police on the scene immediately controlled the drunk man and reported the scene to the command center. After the ambulance arrived at the scene, he arranged for Wu, Wang 2 and the support police officer Guo to send the drunk man to a nearby hospital to sober up, and after returning to the police station after handling the scene, he learned that the drunk man injured Wu in the process of being sent to the hospital.
6． The testimony and identification records of witness Wang Mou2 (auxiliary police officer of the North Seven Police Stations of the Changping Branch of the Beijing Municipal Public Security Bureau of the People's Republic of China) prove that at 0:48 on April 29, 2020, the police station received 110 police officers saying that "at the entrance of the ×× of the villa in ×× Town, ×× Town, Changping District, a drunken man entered the police's house and smashed things", and he followed the police Wu X, Wang X1 and deputy director Zhang X1 to the scene one after another, and after arriving at the scene, he and Wang Mou1 took a drunken man out of the courtyard of the policeman's home. When Wang Mou1 verified the identity information of the drunken man at the door of the policeman's home, the drunken man hit Wang Mou1's left cheek with his right hand, and then an ambulance and supporting police officer Guo and others arrived at the scene successively, and in the process of following Wu and Guo to take the man to an ambulance and send him to a nearby hospital to sober up, the drunken man was emotional and had been insulting the police, and suddenly hit the right side of Wu's face with the left side of his head, causing Wu to bleed at the upper part of his right eye and nose at that time, and when he arrived at the door of the hospital outpatient room The drunken man also hit Guo with his head, after which the drunken man was sent to the decanting room. After legal procedures, Wang Mou2 identified the defendant Wang Tian as a drunken man who beat the police in the process of law enforcement by the police.
7． Witness Wei Mou's testimony and identification records prove that at about 0:40 on April 29, 2020, he heard the sound of smashing things in the courtyard at his home in the ×× of the ×× Villa in ×× Town, Changping District, and then he saw a strange man with a naked upper body smashing the door in his own courtyard, he immediately called the police, after the police arrived, he identified the man, and took the man outside his own courtyard to understand the situation, after counting, his own door, lighting and some items in the courtyard were damaged. After legal procedures, Wei identified the defendant Wang Tian as a strange man who broke into the courtyard of his home and smashed things.
8． Witness Zhao Mou1's testimony proves that at about 0:40 on April 29, 2020, when he and his brother Zhao Mou2 were eating at a friend's house, Zhao Mou2 received a call from his son Wei Mou saying that "someone smashed something in the courtyard of the home", and he and Zhao Mou2 and his friend Ma Mou immediately returned to their home located in the ×× of the ×× Villa in ×× Town, and they saw a drunken strange young man (Wang Tianye) smashing things in his own courtyard, and when Ma dissuaded the man, the man also smashed Ma with the things in his hand. After the police arrived at the scene, the police showed their identity to the young man and took him outside the hospital to understand the situation, but the man was emotional, insulted the police, and slapped the police (Wang Mou 1), and the police immediately controlled the man; afterwards, the drunken man took the initiative to apologize to his family and made financial compensation.
9． Witness Zhao Mou2's testimony and identification records prove that at about 0:40 on April 29, 2020, he received a call from his son Wei Mou at a friend's home saying that "a person with a bare arm smashed and made trouble in the courtyard of his ×× villa in ×× Town", he immediately drove back with his sister Zhao Mou1 and friend Ma Mou, and his friend Wang Mou3 drove back with his wife, and after returning home, he saw a drunken man in his own courtyard, and he and Ma immediately subdued the man After the police arrived at the scene, the police have identified the drunken man, but the man refused to cooperate with the work of the police, and has been insulting the police and hit one of the policemen (Wang Mou1) with his right hand on the left side of the face, and then the police once again subdued the drunk man. After legal procedures, Zhao Mou2 identified the defendant Wang Tian as a drunken man who beat the police in the process of law enforcement.
10． Witness Wang Mou3's testimony and identification records prove that at about 0:40 on April 29, 2020, his friend Zhao Mou2 received a call from his son at his home in ×× Homestead, ×× Town, Changping District, and learned that someone was making trouble in the courtyard of his home, and then he and his wife drove zhao Mou2 and others to their home located at No. ××, ×× District, villa ××, ×× Town, and saw that the police had learned about the situation from a drunken man in front of the courtyard of Zhao Mou2's home, when the police had shown their identity to the man. However, the man has been emotional, and also hit the left side of the face of the police (Wang Mou1) with his right hand, and then the police at the scene controlled the man. After legal procedures, Wang Mou3 identified the defendant Wang Tian as a drunken man who beat the police in the course of law enforcement.
11． Witness Ma Mou's testimony and identification records prove that at about 0:40 on April 29, 2020, when he and Zhao Mou2 and Zhao Mou1 were eating at Wang Mou 3's home, Zhao Mou2 received a call from his son Wei Mou, and learned that someone was smashing things in the courtyard of his home, and he and Zhao Mou2 and Zhao Mou1 immediately drove to Zhao Mou2's home at No. ××, ×× District, villa ××, ×× Town, and saw that there was a young man who looked like a drunken man dancing naked in the courtyard of Zhao Mou 2's home. Himself and others at the scene then pressed the man to the ground, and then the police came to the scene, the police showed the man a certificate, took the man to the entrance of the hospital to understand the situation, but the man has been cursing, and suddenly slapped the police (Wang Mou 1) with his hand, and the police at the scene immediately controlled the man. After legal procedures, Ma identified the defendant Wang Tian as a young man who beat the police in the course of law enforcement.
12． Witness Deng's testimony proves that at about 18:00 on April 28, 2020, "Fa Xiao" Wang Tian also went to his home at No.×× ××, ×× Villa ×× District, Changping District, Beijing, and at about 20 or 21 o'clock on the same day, he and Wang Tian also began to eat at home, during which he and Wang Tian also drank wine, at about 0:30 on the 29th, Wang Tian also called his friends to go home together, but as soon as the two came out of their homes, they dispersed, and when they went out to look for Wang Tianye, they saw the neighbor's house (×× District ×× There are police cars and ambulances parked at the door, by learning about the situation from the police at the scene, he knows that Wang Tian also mistakenly broke into the neighbor's courtyard, and then he accompanied the police to take Wang Tian, who has been restrained, to the hospital by ambulance, on the way of the vehicle, because the police stopped themselves from trying to light a cigarette for Wang Tian, Wang Tian also tried to break free of the shackles, and hit the police (Wu Mou) sitting on his left side with his head, causing the police to bleed on the head, and the police immediately controlled Wang Tian, and then took Wang Tian to nankou Hospital to sober up.
13． The testimony of witness Wang Mou4 (doctor of the Beijing Red Cross Society Emergency Center of the People's Republic of China) proves that at about 1 o'clock on April 29, 2020, after receiving the notice of the 999 command center, he and the driver drove the ambulance to the ×× of the×× villa ×× district of ×× Town, Changping District, and at about 2 o'clock on the same day, took the patient (Wang Tianye), two police officers (Wu Mou, Guo Mou), an auxiliary police officer (Wang Mou2) and a patient friend (Deng Mou) to Nankou Hospital in the ambulance at about 2 o'clock on the same day. Sitting in the co-pilot's seat to hear the rear quarrel, and feel the vehicle shaking, he looked back and saw that the police next to the patient (Wu Mou) were bleeding under the right eyebrow arch and nose, and he immediately pressed the injured police to stop the bleeding, and at about 3 o'clock on the same day, he cooperated with the police and auxiliary police to send the patient to the sobering room of the South Mouth Hospital.
14． Witness Zhang Mou2 (manager of the property department of ××, ×× Town, Changping District, Beijing) testified that at about 1 o'clock on April 29, 2020, he received a call from the owner's family saying that someone had smashed things in his home, and he immediately rushed to the scene (No. ××, ×× Villa ×× District), saw that the police had taken a drunk man away, and then went to the door of the community to check the visitor records, and found that the drunk man's registered name was "Wang Tianye", which was a visitor to other owners in the community.
15． The video footage of the law enforcement recorder of audio-visual materials proves that defendant Wang Tian also carried out acts such as hitting the police officer (Wang Mou1) carrying a law enforcement recorder and hitting the face of the police (Wu Mou) with his head between 0:00 and 3:00 on April 29, 2020, during the performance of his duties by the police.
16． The 110 police records and reports issued by the Changping Branch of the Beijing Municipal Public Security Bureau of the People's Republic of China proved that Wei reported to the police at 0:48 on April 29, 2020 that "someone entered his own courtyard and smashed the door in the ××".
17． The diagnosis certificate of Beijing Wangfu Hospital of Integrated Traditional Chinese and Western Medicine, the emergency course record and CT examination report of Peking University Third Hospital, the photo of the injury and the judicial appraisal opinion issued by the Beijing Tongda Fazheng Judicial Appraisal Center prove that Wang Mou1's injury diagnosed on April 29, 2020 was "left facial soft tissue injury"; Wu's injury diagnosed on the same day was "right upper eyelid laceration, length 1cm; nasal trauma; right inferior orbital wall fracture, right inferior rectus muscle injury is possible"; Wu's right inferior orbital wall fracture constitutes a minor injury of the second degree, and the right upper eyelid laceration constitutes a minor injury.
18． The case registration form issued by the Tiantongyuan Police Station of the Changping Branch of the Beijing Municipal Public Security Bureau of the People's Republic of China, the course of the case, and the summons warrant of the Changping Branch of the Beijing Municipal Public Security Bureau of the People's Republic of China prove that the defendant Wang Tian was also criminally summoned by the public security organs on May 6, 2020.
19． The preliminary nationality identification letter and entry and exit records issued by the Exit-Entry Administration Corps of the Beijing Municipal Public Security Bureau of the People's Republic of China prove that after inquiry, defendant Wang Tianye finally entered the country at Hangzhou Airport on January 15, 2020 with the no. 530750862 United States passport.
The above evidence collection procedures are legal and the content of the proof is indeed sufficient, and this court has confirmed it.
This court held that the defendant Wang Tian also used violent methods to obstruct the staff of state organs from performing their duties in accordance with the law, infringing on the normal management activities of the state and the personal rights of staff of state organs, which constituted the crime of obstructing public service, and had aggravating circumstances and should be punished according to law. The People's Procuratorate of Xicheng District of Beijing Municipality, people's republic of China, accused defendant Wang Tian of also committing the crime of obstructing public service. The four-point defense opinion and the request that "no deportation of defendant Wang Tian" and "no additional deportation to defendant Wang Tian" put forward by defendant Wang Tianye's defender in court are indeed sufficient and justified, and this court adopts and considers them; however, the defender's request to "apply a suspended sentence to defendant Wang Tian" in court lacks factual and legal basis, and this court does not consider it. Accordingly, this court gave defendant Wang Tian a lenient punishment on the basis of his admission of guilt and punishment, and in accordance with the provisions of the first and fifth paragraphs of article 277 of the Criminal Law of the People's Republic of China, the judgment is as follows:
Defendant Wang Tian also committed the crime of obstructing public service and was sentenced to one year's imprisonment.
Source: Little Police House