Whenever he saw the three fingers that he couldn't straighten and the 13-centimeter scar on his palm, Mr. Wu couldn't help but recall the night he was cut nine months ago.
At around 11 p.m. on July 30, 2023, Mr. Wu, a citizen of Xichang, Sichuan, and his friends were in Chuanxing Town, Xichang City, when Ms. Xu, a citizen, was beaten by two men and called for help. According to the appraisal of the Xichang Municipal Public Security Bureau, the degree of injury to Mr. Wu's left hand was grade 2 serious injury, and the degree of injury to Ms. Xu's eye was slight.
On April 11, 2024, the Xichang Municipal People's Court announced the verdict in the first instance that Guo and Song, who were violent at that time, committed the crimes of intentional injury and picking quarrels and provoking troubles, respectively, and were sentenced to 3 years and 6 months in prison and 1 year and 6 months in prison.
"I didn't think it was fair, and I helped out of kindness, and it turned out like this. In the face of the verdict, Mr. Wu was still unwilling to accept the verdict, his left hand had multiple nerves and muscles ruptured, and his function was seriously damaged and difficult to recover, and he spent nearly 80,000 yuan on treatment, during which he only received 40,000 yuan from two abusers, and there are still hospital fees to be settled.
After the injury, Mr. Wu had difficulty recovering the function of his left hand
Incident
The woman was beaten by two men
A citizen passed by to help call the police and was slashed
Recalling the scene that night, Ms. Xu still feels scared.
At around 11:30 p.m. on July 30, 2023, Ms. Xu sent a friend to check in at Fulin Hotel in Chuanxing Town, Xichang City. At this time, Guo and Song were riding two battery cars after drinking and drove towards Ms. Xu's vehicle.
Guo and Song said that the lights of Ms. Xu's car affected their riding, and they scolded for this, and the three had a quarrel. During this period, Song pushed Ms. Xu with his hands, and Ms. Xu scratched Song's clothes when she fell to the ground. Subsequently, Guo and Song beat Ms. Xu and smashed the windshield of Ms. Xu's car with stones.
The dashcam video provided by Ms. Xu showed that at the time of the incident, two men without shirts beat her several times, and another man repeatedly stopped her. "It was my friend who stopped the beating, and then he stopped the man and told me to run. Ms. Xu said, but Guo and Song continued to chase and beat her.
The dash cam shows that Guo (first from right) and Song (first from left) beat Ms. Xu, and a man in the middle is dissuading
In the process of escaping, Ms. Xu happened to meet Mr. Wu and his party who had dinner together that day, and after she called Mr. Wu for help, Guo and Song, who caught up, knocked her to the ground. According to Guo's confession to the police: "Song and I punched and kicked this woman for more than 10 minutes. ”
Mr. Wu recalled that at the time of the incident, he and his friends happened to be passing by and saw Ms. Xu being beaten by two men near the Fulin Hotel, and Ms. Xu rushed forward to ask him to help call the police, and he immediately called the police on 110.
"When one of them saw it, he came to me and asked me if I had called the police, and I said yes. Mr. Wu said that afterwards, he learned that the person's name was Guo. Guo found that Mr. Wu had called the police, so he ran away, and not long after, he found a kitchen knife from a nearby barbecue restaurant and slashed at Mr. Wu. "Seeing him slash with a knife, I subconsciously blocked it with my left hand, and was slashed. ”
Mr. Wu said that until he called the police, he did not recognize Ms. Xu, who was beaten, as a friend who had eaten with him that day. "When it rained that night and she called me to call the police, she was covered in mud and blood, and I didn't recognize it. ”
After Guo injured someone, he immediately fled the scene. Subsequently, the police arrived and arrested Song, who remained at the scene.
Injury
The victim suffered serious injuries to his left hand in the second degree
Difficulty in recovering palm function
An ambulance arrived at the scene shortly afterwards and took Mr. Wu and Ms. Xu to the Xichang People's Hospital for treatment. Due to his serious injuries, Mr. Wu was transferred to Liangshan Orthopaedic Hospital for treatment in the early hours of July 31.
"There is an oblique wound about 9 cm long on the webbed of the thenar to middle ring fingers of the left palm", "the skin and soft tissue contusion is severe", and "the broken end of the tendon is visible in the wound", the discharge certificate of Liangshan Orthopaedic Hospital recorded the condition of Mr. Wu's hand when he was admitted to the hospital.
Mr. Wu was left with a scar of about 13 centimeters on his left hand
After three surgeries, on November 14, 2023, after 106 days of hospitalization, Mr. Wu was discharged from the hospital, but his left hand could no longer be used as normally as before. "Fracture of the superficial and deep arch of the left palm", "Fracture of the 1st and 2nd common artery of the left hand", "Fracture of the median nerve of the left hand"...... Multiple nerves and muscles were broken, resulting in his left thumb only being expanded outward, and his index, middle, and ring fingers were bent to varying degrees, unable to be straightened naturally. Now he can't even hold a piece of toilet paper in his left hand, and it's hard to tie his belt. Mr. Wu's wife, Ms. Zhang, said.
Ms. Xu was also beaten, resulting in multiple injuries to her body such as soft tissue contusion in her right eye, lung contusion, scalp laceration, etc., "I have been out of work for 40 days, and now I often feel headaches, and I carry headache powder with me, so I can't eat it." ”
On December 5, 2023, the Xichang Municipal Public Security Bureau assessed that Ms. Xu's eye injury was slight, and Mr. Wu's left hand was severely injured in the second degree. "Now there is an elderly man and a child in high school at home, and he can't do heavy work anymore, so he can only rely on me to support himself. Ms. Zhang said.
Ms. Xu was hospitalized after being beaten
verdict
The beaters have been sentenced separately
One of them had a history of drug abuse
After the incident, the Xichang police filed a case for investigation. On August 2, 2023, Guo and Song were suspected of committing the crime of picking quarrels and provoking troubles and were criminally detained by the Xichang Municipal Public Security Bureau. On 6 September, the two were arrested.
On January 15, 2024, the Xichang Municipal People's Court filed and accepted the case, and Ms. Xu and Mr. Wu filed an attached civil lawsuit with the court, but Mr. Wu applied to the court to withdraw the lawsuit on the grounds that he would file a separate civil lawsuit after the end of the medical act.
On April 11, the Xichang Municipal People's Court pronounced the first-instance verdict in the case. The court held that Guo and Song were randomly assaulted and chased others because they had nothing to do, causing one person to be slightly injured and one person to be seriously injured. Song's conduct has constituted the crime of picking quarrels and provoking trouble, and Guo's conduct has constituted the crime of intentional injury. Because the two of them voluntarily surrendered, they pleaded guilty and accepted punishment, and were given a lighter punishment in accordance with law. Guo and Song were sentenced to 3 years and 6 months in prison and 1 year and 6 months in prison respectively. A kitchen knife seized by the public security organs was confiscated, and the two defendants compensated Ms. Xu for medical expenses, nursing expenses, hospital meal subsidies, lost work expenses, and vehicle maintenance expenses totaling 8,207.18 yuan.
It is understood that after the case, Guo and Song paid 25,000 yuan respectively, a total of 50,000 yuan, for Mr. Wu's medical expenses of 40,000 yuan and Ms. Xu's medical expenses of 10,000 yuan.
According to the verdict, Guo had a history of drug abuse. On January 12, 2018, Guo was administratively detained by the Xichang Municipal Public Security Bureau for drug use, and on January 22, 2018, Guo was forced to undergo drug rehabilitation for two years by the Xichang Municipal Public Security Bureau for drug use.
dependents
Prepare for a disability evaluation
A civil lawsuit will be filed
On April 24, Ms. Zhang told the cover news reporter that she was currently preparing to conduct a disability appraisal on Mr. Wu, and then filed a civil lawsuit against Guo and Song again.
Whenever she saw her husband suffering from pain due to a hand injury, Ms. Zhang also felt very uncomfortable. "It was obviously a good deed, but it turned out to be so seriously injured. Ms. Zhang said that the cost of the hospital cost nearly 80,000 yuan, and now there are still more than 30,000 yuan left to fill the gap. "On the way, the families of the two of them approached us through various channels and asked us to write a letter of understanding, but they did not mention compensation. We also want to sue legally and reasonably through legal channels, and they will pay as much as they deserve. ”
Regarding this case, Mr. Wu questioned: Song was arrested by the police at the scene, but Guo fled the scene after injuring someone, and then returned to the case, and for some reason was identified as "surrendering". Ms. Xu said that as a client, she was not notified of the imminent verdict until the eve of the trial. But in the face of the first-instance verdict, she did not appeal, "I am too tired and have no energy to do these things."
lawyer
On the premise that the facts are confirmed by an effective judgment
Acts may be acts of righteousness and courage
Mr. Wu was injured by helping himself to call the police, and Ms. Xu has always felt very uncomfortable, "My family and I have visited him, and we have also offered to help if his family has no time to take care of him." Every time I think about it, I still feel very uncomfortable. ”
In this regard, lawyer Lin Xiaoming, a partner at Sichuan Yishang Law Firm, believes that if Mr. Wu's statement that he helped the victim to report to the police and was retaliated against by the assailant is true, then Mr. Wu's behavior may be an act of righteousness and courage on the premise that the aforesaid facts are confirmed by the effective judgment.
Lawyer Lin Xiaoming said that according to the "Sichuan Provincial Regulations on the Protection and Reward of Righteous and Courageous Acts", "if a person who acts righteously and courageously causes damage to himself due to the protection of the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may give appropriate compensation." Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation. Therefore, Mr. Wu can file a corresponding lawsuit to demand that the perpetrators Guo and Song bear the corresponding liability for compensation. In the event that the corresponding relief cannot be obtained, the beneficiary in this incident, i.e., Ms. Xu, can also be required to make appropriate compensation.
The above-mentioned regulations also make it clear that "the expenses for the treatment of those who have been injured in the line of duty shall be paid in a timely manner by the public security organs; if there is no victim or the person who has caused the injury and his guardian is unable to bear it, the work unit where the person has served in the service of righteousness and courage shall pay it temporarily; if the work unit is unable to make temporary payment or has no work unit, it shall be paid temporarily from the reward fund for the protection of righteousness and courage; in case of emergency, the medical institution shall pay in advance", and "the medical treatment of the injured and disabled person who has served the righteous and courageous shall be paid in advance." Statutory expenses such as living allowance after loss of work and disability, funeral expenses for those who have died in the line of duty, and necessary living expenses for those who have been raised (dependents) during their lifetime...... It is to be resolved in the following order: (1) the victim and his guardian bear it; (2) it is borne by the unit to which the person who has acted for righteousness and courage belongs or is paid by the insurance institution in accordance with regulations; (3) it is paid from the fund for protection and reward for righteousness and courage; (4) the local people's government at or above the county level has a financial settlement", and "where a citizen partially or completely loses the ability to work due to his or her righteous and courageous act and meets the requirements for social assistance, it shall be included in the scope of social assistance in accordance with procedures".
In other words, the relevant regulations have provided for many ways to avoid the shedding of blood and tears for those who act bravely, and as far as the current situation is concerned, the relevant units and individuals can report Mr. Wu's deeds to the relevant functional departments, and after the functional departments review and report to the people's government to confirm that Mr. Wu's actions are established as righteous and courageous, I believe that Mr. Wu's corresponding predicament can be satisfactorily resolved. ”
Source: Cover News NetEase Account