You scold again, I'll wipe your. A crime with a taste occurred in Shangqiu, Henan. Because of the construction of roads in the village, Xiong's family's tree was cut down and smashed into other people's crops and was angrily scolded, Xiong believed that Xu was instructed, the two sides threw water on each other after a quarrel, Xiong abused Xu in the village for a whole day, and then Xu was greeted by his mother when he passed by the door of Xiong's house.
Xu's husband came out from home and dug out a handful of from home and smeared it on Xiong's shoulder, saying that if Xiong scolded him again, he would touch his mouth of, Xiong was not willing to show weakness and said that he also had, so he brought out a basin of from his home, Xu and his husband came forward to grab it, and the basin just happened to be all buckled on Xu's head, causing Xu to be hospitalized in a trance. Xu's husband sued Xiong for criminal responsibility for insult and demanded compensation of 50,000 yuan.
#Dharma Ritual Statement#
This case is really very funny, Xu Mou's husband is also a cruel person, seeing that his wife is still being greeted by his mother, directly digging out a handful of with his hand, this is absolutely true love. Xiong Mou was even more ruthless, and directly took a basin of and buckled it on Xu Mou's head. It really has a sense of picture, and I seem to smell the stink when I write these words.
So legally speaking, can Xu sue Xiong and ask for his criminal responsibility to be supported by law? In fact, during the trial, Xiong also countersued Xu on the spot, demanding that Xu be held criminally responsible, on the grounds that Xu used to insult himself.
The crime of insult is a relatively special crime in the criminal law, and most of the other crimes are prosecuted by the procuratorate to the court after the investigation by the public security organs, but the criminal law stipulates that the crime of insult is a kind of personal prosecution, that is to say, only when the parties themselves go to the court to prosecute, it is possible to pursue the criminal responsibility of the other party, otherwise the public power organs will not intervene in the general situation. This is also the reason why Xu's family will go to the court to sue Xiong for insults.
Judging from the entire facts of the case, Xiong has indeed constituted the crime of insult. The crime of insult is a type of crime that destroys the personal dignity of others, which refers to the physical and psychological insult of the victim by the perpetrator of the crime through various forms, but such insult must be carried out openly and the circumstances are serious, and the crime will be found and sentenced to less than three years in prison.
In this case, Xiong Mou, in the absence of any evidence to prove that Xu mou instructed others to insult himself, insulted Xu mou all day in front of the whole village, and after Xu gave in, he repeatedly used insulting language to greet Xu's mother, which has constituted an insult to Xu at this time, plus he openly put a basin of on Xu's head, which is a serious insult to Xu. Therefore, it can be found that Xiong Mou constitutes the crime of insult.
However, Xu's family's claim for Xiong's compensation for Xu's hospitalization costs, including head injury, gastritis, coronary heart disease, hypertension, hyperlipidemia, and lacunar cerebral infarction, is not established.
Because Xu and Xiong were originally close neighbors and relatives of the same family, Xu's husband saw his wife and Xiong scolding each other, not only did not dissuade and quell, but took the out of him first, inducing Xiong to go home to dig up the and smear Xu, there was a certain fault, so in the end the court only demanded three thousand yuan in compensation. Xiong was sentenced to 6 months of custody for insults.
If this thing is made into a movie, it will be very funny. But reality is always more tragic than the movie, and fights and quarrels between villagers are normal, but if they escalate, once the law intervenes, it will be business. Although Xiong mou is only sentenced to control, he will always wear the hat of a criminal, which will be a fatal blow to his children. #Law Popularization Action#
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