Yongping County People's Court of Yunnan Province
The criminal matter is accompanied by a civil judgment
(2019) Yun 2928 Xingchu No. 153
The people's procuratorate of Yongping County, Yunnan Province, the prosecuting organ.
The attached civil lawsuit plaintiff Li Mou1, female, born on October 16, 1995, Han ethnicity, Chinese, farmer, living in Yongping County.
Designated litigation agent Lei Yanquan, a lawyer at Yunnan Zhanteng Law Firm, with special authorization.
Defendant Yang Shaocheng, male, born on June 8, 1984, Han ethnicity, primary school education, farmer, a native of Yongping County, Yunnan Province, where his household registration is located, Yongping County, currently residing. On January 13, 2012, he was sentenced to eight months' imprisonment and fined RMB1,000 by the Yongping County People's Court for committing theft, and was released on June 8, 2012. He was criminally detained on July 11, 2019, arrested on July 19, 2019, and is now detained at the Yongping County Detention Center.
On December 3, 2019, the Yongping County People's Procuratorate filed a public indictment with this court on the grounds that the yongping county people's procuratorate accused defendant Yang Shaocheng of intentional injury in the indictment [2019] No. 155 of the First Criminal Complaint of yongping County, and during the course of the lawsuit, the victim Li Mou1 filed an attached civil lawsuit with this court on the grounds that he wanted defendant Yang Shaocheng to compensate for economic losses. After accepting the case, this court formed a collegial panel in accordance with law and held a public hearing on December 20, 2019 to conduct a joint trial of the case. The Yongping County People's Procuratorate appointed procurator Duan Zhijun to appear in court to support the public prosecution, and the attached civil lawsuit plaintiff Li Mou1 and his agent ad litem Lei Yanquan, and defendant Yang Shaocheng attended the court to participate in the litigation. The trial is now closed.
The public prosecution alleged: At about 21:00 on July 10, 2019, defendant Yang Shaocheng sent the victim Li Mou1 from the home of Li Mou1 in Yongping County to Shangcaotan in Shanyang Town, and on the way, the two had a verbal altercation and tore each other in the car, during which Yang Shaocheng bit off Li Mou1's left little finger. After Yang Shaocheng parked the vehicle at the intersection of The Grass Beach on the Renshou fork, the two continued to tear after getting off the car, during which Yang Shaocheng dug out the right eyeball of Li Mou1 and directly threw it on the ground. After appraisal, the degree of injury suffered by Li Mou1 constituted a serious injury of the second degree and a disability level of five.
In response to the above allegations, the public prosecution organ provided in court: photographs of eyeballs and physical evidence extracted at the scene, registration forms and registration forms of the police at the scene, a case filing decision, the defendant's photo and household registration certificate, the arrest process, the previous criminal materials, the receipt and collar note of the defendant's family to pay medical expenses, the statement of the victim Li Mou1, the testimony of witness Li Mou2 and 11 other people, the confession and defense of the defendant Yang Shaocheng, the appraisal opinions of the victim's injury and disability level, the transcripts and photos of the on-site investigation, inspection, identification and other records, video materials and other evidence. The public prosecution organ held that defendant Yang Shaocheng deliberately injured the body of another person, causing serious injury and causing serious disability by particularly cruel means, and his conduct violated the provisions of the second paragraph of article 234 of the Criminal Law of the People's Republic of China, and he should be investigated for criminal responsibility for the crime of intentional injury. Defendant Yang Shaocheng was sentenced to fixed-term imprisonment for committing theft and should be given a heavier punishment as appropriate; after the incident, defendant Yang Shaocheng took the initiative to report to the police, waited at the scene, and truthfully confessed the facts of his crime after returning to the case, voluntarily surrendered, voluntarily admitted guilt and accepted punishment, according to the first paragraph of article 67 of the Criminal Law of the People's Republic of China, the punishment may be mitigated or mitigated; this case is caused by marital and family conflicts, the defendant's family paid a certain amount of medical expenses, and there are also mitigating circumstances as appropriate. A sentence of ten to fifteen years' imprisonment is recommended.
The plaintiff's request in the attached civil action is: 1. The criminal liability of the defendant Yang Shaocheng is pursued in accordance with the law; 2. The defendant Yang Shaocheng is ordered to compensate the medical expenses of 7098.98 yuan, the lost work expenses are calculated at (90 days×160.26 yuan / day) of 14423.4 yuan, the nursing expenses are calculated according to (90 days×160.26 yuan / day) 14423.4 yuan, the nutrition expenses are calculated according to (60 days×50 yuan / days) 3000 yuan, and the hospital meal allowance is calculated as (8 days× 100 yuan / days) 800 yuan, Disability compensation is calculated at (10,768 yuan / year×20 years ×60%), 129216 yuan, follow-up treatment costs of 14,000 yuan, mental consolation funds of 20,000 yuan, transportation costs of 1,000 yuan. The total amount is 203961.74 yuan, deducting 5000 yuan paid, and the remaining 198961.74 yuan. And provide in court: Li Mou1 ID card, medical fee receipt, medical record prescription and diagnosis certificate, disability level, follow-up treatment fee, missed work period, nursing period and nutrition period of appraisal opinions.
His litigation agent, Lei Yanquan, submitted that defendant Yang Shaocheng's conduct caused the plaintiff's serious disability, and the request for compensation was reasonable, please support it.
Defendant Yang Shaocheng had no objection to the facts and charges of the crime alleged in the indictment, but put forward the following defense: He did not deliberately gouge out the victim's eyes, was not a particularly cruel means, and was the consequence of negligent acts. It was willing to compensate the plaintiff for losses in the incidental civil action, but was now incapacitated. Request a mitigated or mitigated punishment.
After trial, it was ascertained that defendant Yang Shaocheng and victim Li Mou1 were registered to marry on September 17, 2018, and the two were husband and wife. At about 21:00 on July 10, 2019, defendant Yang Shaocheng went to the home of victim Li Mou1 in Yongping County, and while driving a vehicle to send Li Mou1 and others to Shangcaotan in Shanyang Town, defendant Yang Shaocheng and Li Mou1 had a verbal altercation and tore at each other, and during the tearing, defendant Yang Shaocheng bit off the little finger of Li Mou1's left hand. After defendant Yang Shaocheng parked the vehicle at the intersection of Caotan Road on Renshou Fork, after defendant Yang Shaocheng and Li Mou1 and others got off the bus, defendant Yang Shaocheng beat Li Mou1 and dug out Li Mou1's right eyeball and threw it on the ground. After the incident, defendant Yang Shaocheng called the Shanyang police station to report the case and waited at the scene for the police to deal with it. The victim Li Mou1 was sent to Yongping County People's Hospital for 8 days of hospitalization and discharged from the hospital, paying 708.48 yuan in medical expenses. The injuries of the victim Li Mou1 were diagnosed by the hospital as: 1. Traumatic right eyeball completely out of body, 2. Upper eyelid laceration of the right eye, 3. Contusion of the upper and lower eyelids of the right eye, 4. defect of the visual field on the temporal side of the left eye, 5. Refractive error of the left eye, 6. Multiple contusions of the face, 7. Intracranial gas accumulation, 8. Loss of the end of the little finger of the left hand, 9. Fracture of the distal 3rd and 4th phalanges of the left hand. After judicial appraisal, the injury of the victim Li Mou1 constituted a second-degree serious injury to the human body, the disability level was a fifth-degree disability, the follow-up treatment fee was 12,000 yuan to 14,000 yuan, the lost work period was 90 days, the nursing period was 90 days, and the nutrition period was 60 days.
It was also found that after the defendant Yang Shaocheng returned to the case, he truthfully confessed his crime, and his family paid the victim Li Mou 15,000 yuan. Defendant Yang Shaocheng and victim Li Mou1 were divorced by this court on September 3, 2019.
Evidence of the above facts:
1. The reporting record, the registration form of the police receiving the case, the registration form of the case acceptance, and the decision to file the case confirm that the case was filed and investigated according to the defendant Yang Shaocheng's report.
2. After the arrest, it was confirmed that the police arrested the defendant Yang Shaocheng at the scene of the crime.
3. Household registration certificate and photo, criminal judgment, and release certificate, confirming the identity of defendant Yang Shaocheng and his sentence sentenced by this court for committing theft and his release after completing his sentence.
4. The marriage certificate, household registration certificate, identity card and civil judgment confirm that the victim Li Mou1 and the defendant Yang Shaocheng are husband and wife, and on September 3, 2019, this court ruled for divorce.
5. Witness Li Mou2 testified that at about 21:00 on July 10, 2019, defendant Yang Shaocheng had a verbal altercation and tore at each other while driving him and Li Mou1 to Renshou on the grass beach, Yang Shaocheng bit Li Mou1's finger with his mouth, and after stopping, Yang Shaocheng beat Li Mou1 and dug out one of Li Mou1's eyes and threw it on the side of the road, while threatening Li Mou1 with language.
6. Witness Duan X's testimony confirmed that he went to the scene to see Li Mou1 being beaten by Yang Shaocheng, and Yang Shaocheng also raised his gouged eyes to the onlookers and threatened Li Mou1 verbally.
7. Witnesses Li Mou3 and Li Mou4 testified that they saw Li Mou1 crouching on the side of the road at the scene, pressing his eyes with his hands, his clothes and pants torn all over his body, and his body was covered with blood. Yang Shaocheng and Li Mou1 often quarreled and fought after marriage.
8. Witnesses Pan X and Yang X 1 testified that on the night of the crime, Yang Shaocheng drove Li X 1 to Shangcao Beach, and then Yang Shaocheng called and said: "He cut off Li X 1's eyeballs." The two of them went to the scene to see Li Mou1 injured.
9. Witnesses Yang Mou2 and Yang Mou3 testified that Yang Shaocheng and Li Mou1 often quarreled and fought over family trivia.
10. The victim, Li Mou1, made a statement confirming that he and Yang Shaocheng had a verbal altercation and were bitten off the little finger of his left hand by Yang Shaocheng, and then beaten by Yang Shaocheng and had his right eyeball gouged out, demanding that Yang Shaocheng be severely punished for his verbal threats.
11. The on-site identification records, photos and video materials confirmed that defendant Yang Shaocheng identified the scene of the crime.
12. The on-site inspection records and photos confirm that an eyeball was found during the investigation of the crime scene, and a copy of the blood was extracted.
13. The judicial appraisal confirms that the injury of the victim Li Mou1 constitutes a second-degree serious injury to the human body.
14. Forensic physical evidence appraisal and extraction records and video materials confirm that the blood stains extracted from the scene of the crime are the same as the blood sample genotyping of Li Mou1.
15. The judicial appraisal opinion confirms that the disability level of the victim Li Mou1 is grade 5 disability; the third phase is assessed as: 90 days of lost work, 90 days of nursing care, and 60 days of nutrition; and the medical expenses in the later period are 12,000 yuan to 14,000 yuan.
16. Receipts for medical expenses and hospitalization records, prescriptions, and discharge certificates confirm the fact of victim Li Mou1's injury and hospitalization for 8 days, and pay 708.48 yuan for medical expenses.
17. Receipt and collar note confirm that after the case, the family of defendant Yang Shaocheng paid Li 15,000 yuan.
18. Defendant Yang Shaocheng confessed and defended, confirming the fact that he had bitten off the little finger of Li Mou1's left hand and gouge out Li Mou1's right eyeball.
After the above evidence was presented and cross-examined, defendant Yang Shaocheng had objections to the authenticity of the witness testimony and the victim's statements, no objection to other evidence, and neither the plaintiff Li Mou1 nor his agent ad li shimin in the attached civil lawsuit had any objection. The collegial panel held that the cross-examination opinions put forward by defendant Yang Shaocheng on the authenticity of the witness testimony and the victim's statement could not be corroborated and supported by the evidence in the case and were not accepted; however, the witness testimony confirmed that the defendant Yang Shaocheng often beat the victim and the victim Li Mou1's statement in court could not be corroborated and supported and was not accepted. The above evidence is legal in origin, true and objective in content, and corroborated and related to each other, and this court confirms it. The medical expenses advance receipt provided by the plaintiff Li Mou1 in the attached civil lawsuit is not the actual payment receipt and is not accepted.
This court held that the defendant Yang Shaocheng's intentional injury to the health of others causing the victim to be seriously injured in the second degree, and his conduct had violated the provisions of the second paragraph of article 234 of the Criminal Law of the People's Republic of China, constituting the crime of intentional injury, and the defendant Yang Shaocheng used the method of digging out the victim's eyes to cause the victim to seriously injure and cause the victim to seriously disable, which is a special cruel means to cause serious injury and cause serious disability, and shall be sentenced to fixed-term imprisonment of not less than 10 years. The facts of the public prosecution's accusation that defendant Yang Shaocheng committed the crime of intentional injury are clear, the evidence is credible and sufficient, and the crime is established, and this court supports it. Defendant Yang Shaocheng's conduct caused the victim to be disabled in the fifth degree, and should be given a heavier punishment, he was sentenced to fixed-term imprisonment by this court for committing theft, which is a previous conviction and should be given a heavier punishment as appropriate, but the defendant Yang Shaocheng has surrendered voluntarily, admits guilt and accepts punishment in court, and can be given a light punishment according to law, because this case is caused by marriage and family conflicts, his family has compensated the victim for some losses, and there are also mitigating circumstances as appropriate. Based on the facts of the crime in the whole case and defendant Yang Shaocheng's attitude of admitting guilt, he may be given a lenient punishment. The public prosecution opinion submitted by the public prosecution organ shall be adopted by this court. Defendant Yang Shaocheng's defense opinion that he did not deliberately goug out the victim's eyes and was particularly cruel was not supported by the evidence in the case, and this court did not accept it.
According to the first paragraph of article 36 of the Criminal Law of the People's Republic of China, where the victim suffers economic losses as a result of a criminal act, the criminal shall be sentenced to compensation for economic losses according to the circumstances, in addition to being given a criminal punishment in accordance with law. Where the plaintiff li mou1 of the attached civil lawsuit claims compensation with factual and legal basis, this court supports it. The scope and amount of compensation are determined in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, and Li Mou1 is a rural resident, so the relevant compensation standards should be calculated according to the rural population. The items and amounts of compensation requested by Li Mou1 were determined according to law as follows: medical expenses were calculated at 708.48 yuan, lost work expenses were calculated at (160.26 yuan / days ×90 days) of 14423.4 yuan, nursing expenses were calculated as 14423.4 yuan according to (160.26 yuan / × days × 90 days), nutrition fees were reasonable payment for the victim's rehabilitation, calculated at (50 yuan / days × 60 days) 3000 yuan, transportation expenses were confirmed by the plaintiff Li Mou 1 did not provide evidence, according to the actual situation of his treatment and identification of injuries According to the calculation of the normal shuttle bus, it can be determined as 400 yuan as appropriate, and the follow-up treatment fee is determined to be 14,000 yuan in combination with the assessment opinion of the appraisal agency, and the total of the above is 46955.28 yuan. Deducting the 5,000 yuan that defendant Yang Shaocheng has paid, defendant Yang Shaocheng should compensate the plaintiff Li Mou of 141,955.28 yuan in the attached civil lawsuit. The hospital meal allowance, disability compensation and mental consolation money requested by plaintiff Li Mou1 in the attached civil lawsuit do not fall within the scope of compensation supported by this case, and this court does not support it. The agent ad li 1 of the attached civil lawsuit submitted that the plaintiff's request to defendant Yang Shaocheng for compensation of 203,961.74 yuan was reasonable and should be supported, which was inconsistent with the evidence in the case and the provisions of the law, and this court did not accept it.
In summary, on the basis of the facts, nature, circumstances and degree of social harm of defendant Yang Shaocheng's crime, in accordance with the second paragraph of article 234, the first paragraph of article 67, the first paragraph of article 67, the first paragraph of article 61, article 62, article 47, and the first paragraph of article 36 of the Criminal Law of the People's Republic of China, article 119 of the General Principles of the Civil Law of the People's Republic of China, article 17, article 19, article 20, article 21 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, The judgment of Articles 22 and 24 is as follows:
1. Defendant Yang Shaocheng committed the crime of intentional injury and was sentenced to 11 years' imprisonment.
(The length of the sentence is calculated from the date of enforcement of the judgment, and where the sentence is taken into custody before the judgment is enforced, one day of detention is offset by one day of the sentence.) That is, from July 11, 2019 to July 10, 2030).
2. Ordered defendant Yang Shaocheng to compensate plaintiff Li Mou1 for medical expenses, lost work expenses, nursing expenses, nutrition expenses, transportation expenses, follow-up treatment costs and other expenses totaling 46,955.28 yuan in the attached civil lawsuit. Deduct the 5000 yuan paid, the remaining 41955.28 yuan.
3. Reject the other litigation claims of plaintiff Li Mou1 in the attached civil lawsuit.
The compensation is denominated in Renminbi and is paid within one month after the judgment takes effect. (Where the compensation money is transferred, it can be transferred to the special account for enforcement of the case funds of the Yongping County People's Court, and the account opening bank is the Yongping County Branch of the Agricultural Bank of China, account 24×××06.) After the transfer, you should call in time, tel 0872-6521859)
If you are not satisfied with this judgment, you may appeal through this court or directly to the Dali Bai Autonomous Prefecture Intermediate People's Court within 10 days from the second day of receiving the judgment. Where an appeal is made in writing, one original and two copies of the appeal shall be submitted.