Analysis

[Basic Case] At 14 o’clock on August 13, 2020, the defendant Wang went to the villager of the village to ask for debts. After the two sides quarreled with the quarrel between the two sides, Li bite the defendant Wang’s right thigh.The man bite Li’s right ear, and the victim’s son Lei Mouwei went to the scene to persuade him. The two pulled into the courtyard.The defendant Wang kicked his hips and pressed it to the ground, and then let go.Lei Mouwei immediately called the police.After being identified, Li’s injury caused the right auricle to leave, and the degree of damage was a minor injury. The face, the left forearm, the right elbow, and the left inner ankle skin were frustrated.The defendant Wang’s damage caused by the damage of the face, the degree of damage was minor injuries; the skin bite of the right stock, the degree of damage was slight injuries.The defendant Wang was prosecuted for suspected intention of intentionally injury.The defendant Wang signed a confession and confession for a penalty during the review and was willing to confess his guilt.

[Trial results] The court believed that when the defendant Wang asked the victim Li to ask for debt, the two sides beaten due to disagreement of words. The defendant Wang Mou caused the victim Li Mou to be injured and injured the second level, and his behavior constituted the crime of intentional injury.The public prosecution agency has accused the defendant Wang’s criminal facts and charges and should be punished.In view of the disputes in the neighborhood of this case, and the victims have a certain mistakes on the occurrence of contradictions, combined with the evaluation opinions of the community correction agency, they can be punished from light punishment and eliminated probation.In accordance with the provisions of Article 234, Article 67, (3), Article 67, Article 72, and Article 15 of the Criminal Procedure Law of the People’s Republic of China, the verdict:The defendant Wang was guilty of intentional injury and sentenced to eight months in prison and one year of probation (the probation test period was calculated from the date of effectiveness of the judgment).

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Article 234 of the Criminal Law of the People’s Republic of China [Crime of intentional injury] Those who deliberately hurt others’ bodies shall be sentenced to imprisonment, detention or control of less than three years.

If the crime of committing the previous paragraph is seriously injured, it will be sentenced to imprisonment of less than three years and less than ten years; if the death of a person or serious injuries will cause severe disability, it will be sentenced to more than ten years in prison, life imprisonment or death sentence.If there are other regulations in this law, in accordance with regulations.

Article 67 [Survival] Although the suspect of the third paragraph does not have the surrender of the first two provisions, if you truthfully confess their crimes, they can be punished lightly;, Can reduce punishment.

Article 72 [Applicable Conditions] The first parameter for being sentenced to being detained and below three years in prison, and at the same time meets the following conditions, can declare the probation.Those who are seventy -five years old shall declare the probation:

(1) The crime plot is light;

(2) Repentance performance;

(3) There is no danger of no more crime;

(4) The announcement of probation has no major adverse effects on the community where the residential residence.

Article 15 of the Criminal Procedure Law of the People’s Republic of China, the criminal suspect and the defendant voluntarily confess their crimes, acknowledge the criminal facts of the charges, and are willing to accept the punishment.(Min Yafeng, Judicial Bureau of Heyang)

Edit: Fan Jing

Editor -in -chief: Zheng Libo

Editor: Yao Qiming

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