Gong and other intentional injury and harboring case
Chongqing Second Intermediate People's Court
Criminal incidental civil judgment
(2009) Yu Second Intermediate Law Criminal Initial No. 3
Public Prosecution Organization Chongqing Municipal People's Procuratorate Second Branch.
The plaintiff in the incidental civil action, Mr. Lan. He is the father of the victim, Lan Xuhong.
Accidental Civil Plaintiff Xie Mou. Is the mother of the victim Lan Xuhong.
Accidental Civil Plaintiff Lan Mou. Is the daughter of the victim Lan Xuhong.
Legal representative Xiong Mei-Qiong. Is the mother of the Plaintiff Lan Mou.
Legal agent Li Tianwen, Xiang Ping, Chongqing Wanzhou District Bai'an Legal Service Center legal workers.
Defendant Gong, nicknamed "class leader". 1996 February for theft by the former Wanxian City, Wuqiao District People's Court sentenced to two years of imprisonment; August 2005 for intentional injury by the Chongqing Wanzhou District People's Court sentenced to one year of imprisonment, August 10, 2006 release. 2008 July 29 for allegedly causing injury to a person, the Chongqing Wanzhou District People's Court. On July 29, 2008, he was suspected of committing the crime of intentional injury by Chongqing Wanzhou District Public Security Bureau, and was arrested on August 19 of the same year, and is now detained in Chongqing Wanzhou District Detention Center.
Gong Shilong, a lawyer of Chongqing Chaoxiang Law Firm, is the defender and litigation agent.
The defendant Qin Mou, nicknamed "Mang Kui". 2004 February 26 for drug trafficking was Chongqing Wanzhou District People's Court sentenced to six years of imprisonment, May 26, 2008 release. 2008 August 24 for suspected of harboring the crime of Chongqing Wanzhou District Public Security Bureau of criminal detention, September 12 the same year was arrested. On September 12, 2008, he was arrested and is now detained in the Wanzhou District Detention Center in Chongqing.
For the defense, Fang Lan, Chongqing Chaoxiang Law Firm lawyers.
The defendant Zhang Mou. September 4, 2008 for allegedly committing the crime of harboring by Chongqing Wanzhou District Public Security Bureau criminal detention, September 4 of the same year was arrested, is now detained in Chongqing Wanzhou District Detention Center.
The defendant Xiangmou. December 2005 for the crime of robbery by Chongqing Wanzhou District People's Court sentenced to three years of imprisonment, February 24, 2008 release. June 27, 2008 on suspicion of harboring the crime of Chongqing Wanzhou District Public Security Bureau of criminal detention, the same year on July 25, Chongqing Wanzhou District Public Security Bureau released on bail pending trial. December 19, 2008 by the Court of the On December 19, 2008, the Public Security Bureau of Wanzhou District, Chongqing Municipality decided to arrest him. He is now detained in the Wanzhou District Detention Center in Chongqing.
Chongqing Municipal People's Procuratorate Branch No. 2 charged Gong with the crime of intentional bodily injury, and Qin, Zhang and Xiang with the crime of harboring, and on November 21, 2008, filed a public indictment with this court. In the course of the proceedings, the incidental civil plaintiffs blue, xiemou, lanmou filed an incidental civil lawsuit to this court. This court formed a collegial panel in accordance with the law and held a joint hearing in public. Chongqing Municipal People's Procuratorate Branch No. 2 assigned procurator Tang Guozheng to appear in court to support the public prosecution. Incidental civil litigation plaintiff blue, xiemou and lanmou's legal agent xiong meiqiong, litigation agent li tianwen, the defendant gongmou and his defender gong shilong, the defendant qinmou and his defender fanglan, the defendant zhangmou, xiangmou to participate in the litigation. Now the trial is over.
Chongqing Municipal People's Procuratorate, the second branch of the allegations, June 27, 2008 1:00 a.m., the defendant Gongmou, Xiangmou and blue Oguhong and other people in Chongqing City, Wanzhou District, Bai'anba Xuefu Plaza, the night of the beer stalls, Gongmou and blue Oguhong because of the drinking dispute, blue Oguhong with a beer bottle Gongmou head injury, Gongmou, that is, with a folding knife to the blue Oguhong body stabbed 2 knives, blue Oguhong Hong ran away, Gong Mou went after him and stabbed several knives on the blue Xu Hong. Blue Xu Hong was sent to the Three Gorges Center Hospital Bai'anba Branch of the rescue failure died. After the incident, the defendant Xiangmou motorcycle Gongmou take away to Gongmou in Bai'anba grilled fish store, cleaning blood, change clothes, Xiangmou and driving a motorcycle and Gongmou fled to Wanzhou Yangtze River Bridge. June 27, 2008 11:00 a.m., Gongmou told the defendant Qinmou their own car accident in the five bridges hit a person to Qinmou to help hide. Subsequently, Qin arranged Gong and Chen Yi hiding to Wanzhou District, Tiancheng town of small rock village Chen Jihai home and give Chen Jihai father's living expenses 500 yuan, another 500 yuan to Gong. A few days later, the defendant Qin Mou and Zhang Mou two people to Chen Jihai home, told Gong Mou public security organs because of its stabbing deaths have looked for them to understand the situation, after discussion by Zhang Mou to lead Gong Mou, Chen Yi hiding to the "big pass" mountain, and Zhang Mou to provide food and drink. A few days later, Zhang Mou and Gong, Chen Yi transferred to Zhou Guochuan's uncle's house to hide. A week later, Qin arranged for Zhang will be sent to Fengjie, Zhang will ride a motorcycle will be sent to Fengjie County to hide. The public prosecutor's office presented the confession and defense of the defendants, witness testimony, physical evidence, documentary evidence, appraisal conclusions, site investigation transcripts and other evidence, that the defendant Gong's behavior constitutes the crime of intentional injury, the defendant Qinmou, Zhangmou, Xiangmou's behavior constitutes the crime of harboring, the defendant Gongmou, Qinmou, Xiangmou, recidivism, and to the court for sentencing according to the law.
Accidental civil plaintiffs blue mou, xie mou, lan mou request defendant Gong mou compensation for death damages 274,300 yuan, funeral expenses 11549 yuan, lost wages 270 yuan, accommodation and transportation costs 3,000 yuan, blue mou's dependents living expenses 58,000 yuan, xie mou's dependents living expenses 72,500 yuan, lan mou's dependents living expenses 59,818 yuan, * * * * counts 479,437 yuan. And produced in court a copy of the household register, a copy of the identity card, death cancellation certificate, neighborhood committee certificate, divorce certificate, transportation invoice and other evidence.
The defendant Gong argued that the blue Xu Hong first beer bottle to stab him in the head, he stabbed the thigh and buttocks, did not continue to go after the stabbing, and only scratched the shoulder of the blue Xu Hong, willing to compensate for the victim's economic losses, requesting a lighter penalty. His defense put forward the cause of this case is the victim blue Xuhong obvious, serious fault; the defendant's subjective malignancy is not deep, truthfully confessed the facts of the crime, have confessed to the crime, repentance, willing to compensate for the victim's economic losses, suggesting that the defendant's defense of a lighter penalty.
The defendant Qinmou request for lenient punishment. His defense put forward Qinmou in harboring the crime of lesser circumstances, plead guilty to a good attitude, suggesting that Qinmou mitigated punishment of the defense.
The defendant Zhangmou, Xiangmou requested the court to mitigate punishment.
The trial found that at 1:00 am on June 27, 2008, the defendant Gongmou, Xiangmou and Lanxuhong (the victim in this case.) Wanzhou District in Chongqing City, Chongqing City, Baianba Xuefu Plaza night beer stalls, Gong and Blue Xuhong drinking dispute, Blue Xuhong held a beer bottle will be Gong's head injury, Gong that is, with a folding knife with a number of stabbing Blue Xuhong. Blue Xu Hong was sent to the three gorges central hospital Bai'anba branch hospital rescue failure died. After the incident, the defendant XiangMou that driving a motorcycle will GongMou to Gong's grilled fish store, waiting for GongMou cleaning blood, change clothes, XiangMou and driving a motorcycle will GongMou to Wanzhou Yangtze River Bridge, GongMou and his girlfriend ChenYi take a cab to escape to the city of Wanzhou. 11:00 a.m. on June 27, 2008, the defendant GongMou and the defendant QinMou in the "Zo Li" beauty salon. Beauty salon" after meeting, said he had a car accident in the five bridges hit someone, asked Qin to help hide. Subsequently, Qin arranged Gong and Chen Yi hiding to the town of Wanzhou District days of small rock village Chen Jihai home and paid Chen Jihai father living expenses 500 yuan, another 500 yuan to Gong. A few days later, the defendant Qin Mou and Zhang Mou to Chen Jihai home, told Gong Mou public security organs because of its stabbing deaths have looked for them to understand the situation, after discussion by Zhang Mou to lead Gong Mou, Chen Yi hiding to the "big pass" mountain, Zhang Mou to provide food for them. A few days later, Zhang Mou Gong, Chen Yi transferred to Zhou Guochuan's relatives hiding. A week later, the defendant Qin arranged for Zhang to send Gong to Fengjie, Zhang drove a motorcycle to Gong to Fengjie County to hide.
The above facts are confirmed by the following evidence produced and examined in court:
1. The source of the case is recorded in the registration form of the police case, the registration form of the case, and the decision to file the case.
2. Chongqing Wanzhou District Public Security Bureau captured recorded, the public security organs after visits and investigations, July 29, 2008 in Fengjie County, Wu Ma Township, a teahouse captured Gong Mou; the night of August 23, 2008 in the Kelai Hotel captured Qin Mou; September 4, 2008 in the Wanzhou District, Longdu Plaza captured Zhang Mou; the early morning of June 27, 2008, in the Wanzhou District, Bai'anba, Litang District captured Xiang Mou. Xiang Mou.
3. The defendant Gong Mou confessed that in the early morning of June 27, 2008, Xiang Mou called him to go to Xuefu Square to drink, he went to only know Xiang Mou, one of them toast, because he did not drink, the two sides argue, the other side of the beer bottle towards his head, then bleeding. He felt beaten in the five bridges, no face, just want to get out of breath, so he stabbed the other two times with the belt knife he was carrying, stabbing the waist and legs. The other side stood up and ran, he thought he did not stab, and then went after the other side stabbed two times, when Xiang Mou stood next to see. Then Xiang Mou rode him back to the grilled fish store, he washed the blood on his body and changed his clothes. He drove a motorcycle, because in the Hengtong night market "flavorful" at the fall, and Xiang Mou driving him to Wanzhou Bridge, and then he and Chen Yi fled to the city of Wanzhou. The next day, he contacted Qin Mou in the "soft beauty salon" to meet, said riding a motorcycle hit someone, Qin Mou help contact to "small rock mouth" a farmer to hide. Lived for four days, Qin Mou and Zhang Mou to "small rock mouth" said he stabbed the person has died, the public security to find them. He told Qin to move to another place to live, and Qin found a friend's house called "Chuan" in Tangfang. He and Chen Yi in the "big pass" lived for a few days, Zhang Mou give them something to eat and drink. He was afraid of being caught and contacted Qin, who gave him a phone number and told him to go to Fengjie. Then Zhang Mou motorcycle sent him to Fengjie, found Qin Mou contact "Xiaolong" home, stayed for about four days, and then to the "second brother" home for a few days, until July 29, 2008 by the public security organs captured. Qin was mainly responsible for arranging a place to hide and gave him some money. Zhang listened to Qin's arrangements, helped deliver supplies and sent him to Fengjie.
4. Defendant Qin Mou confessed, June 27, 2008 at noon, Zhao Yongjun pick him up to the "soft beauty salon" to see Gong Mou and Chen Yi, Gong Mou said that cycling hit a person to hide and find him to borrow money. He called Tang Wei drive them to Dongjia Xiaoyankou Chen Jihai home, Chen Jihai was still in jail, is Chen's father received them. Before leaving Xiaoyankou, he gave Chen Jihai's family sent 500 yuan, the remaining 500 yuan to Gong. June 29 public security organs to him to understand the situation, said Gong stabbed a person, fugitive homicide. From this point he knew Gong stabbed someone to death, because it was a friend, he told the public security organs falsehoods. After three days, Gong passed the word through other people, told him to go to Xiaoyankou. He and Zhang went to the small rock mouth Chen Jihai home, he said to Gong said two days ago the public security to find him, the public security organs are arresting Gong. Gong said it is not safe here, to change the place. He and Zhang, Gong discussed first to "Chuan" house to hide for a period of time, the four walked to Tangfang, he told Zhang to contact "Chuan", and then he and they separated, the rest is Zhang in the arrangements. After ten days, Zhang Mou found him that "Chuan" home is not safe, to change the place. He said Fengjie has a friend Yang Xiaolong, told Zhang Mou phone number, told Zhang Mou Gong sent to Fengjie to contact after a few days and then Gong to Myanmar. Zhang said that Chen Yi together is not convenient. He told Zhang to make arrangements, Chen Yi will not go to Fengjie.
5. The defendant Zhang Mou confessed that in the early morning of June 27, 2008, he saw Gong Mou, Xiang Mou rushed back to the grilled fish store, Gong Mou was covered with blood, he knew that Gong Mou out of the matter, and then know that Gong Mou in the Xuefu Plaza drinking stabbed a person to death. June 29, the Interpol detachment looking for him to investigate Gong Mou, when he did not know where Gong Mou, Qin Mou told him Gong Mou hiding in the Dongjia small rocky passes The mountain, it was arranged by Qin Mou. After two days, Qin Mou called him together to Dongjia see Gong, Gong live in the farmer's home, Qin Mou said to Gong Interpol team looked for them, and said that there is not safe, and so two days to get Gong outside to hide. After dark, they and Gong, Chen Yi walked to Tangfang, Qin contacted the "Chuan", told him to Gong, Chen to "Chuan" home, Qin broke up with the three of them. The next day, he helped Gong to buy some food to take to the mountains. After a few days, he contacted "Chuan", to "Chuan" uncle's spare room to live, by "Chuan" mom to Gong, Chen send food. They hid for about a week, Qin asked him to send Gong to Fengjie, and a phone number to Gong, told Gong to contact the person directly, he rode a motorcycle to send Gong to Fengjie.
6. The defendant Xiangmou confessed that on the night of June 26, 2008, he and his relatives Wu Yonggao, Wu Daiguo and others, as well as Wu Daiguo introduced the third uncle Lan Hong, in the five bridges of the Baianba Plaza to drink a night of beer, he called Gongmou to come over to drink. To drink, Gong Mou and Lan Hong argument, Lan Hong took out the bottle smashed Gong Mou's head, then hit the blood. Xiang Zusun afraid of his hands, hold him. He saw Gong and Lan Hong chased to the side, Lan Hong fell to the ground, there is a lot of blood on the ground, Gong's hand holding a knife, he knew Gong stabbed Lan Hong. Gong's face, head, body is blood, he rode a red Lifan 150 motorcycle (license plate Yu FC6043) will be driven to the grilled fish store, Gong took a shower, change clothes, they rode together to Wanzhou City, they went to Wanzhou Bridge, Gong's girlfriend Chen Yi came to Gong to pick up. And confessed that he worked in Gong's grilled fish store, usually Gong with a folding belt knife, hanging above the belt, open about 20 centimeters, the blade is about 10 centimeters.
7. Witness Zhang Qin's testimony confirms that on the night of June 26, 2008, she and her husband Xiang ZuSun please blue XuHong, WuDaiGuo in the school square drinking beer, and then came a few men. Lan Xuhong and one of the men, who called himself the "squad leader", got into a fight, a bottle fell to the ground and broke, and she saw blood on the man's head, face and chest. Shortly afterwards, someone shouted that someone had been killed. She went over and saw Lan Xuhong lying on the ground, with injuries on his hands. After notifying the 120 to send Lanxuhong to the hospital, half an hour later Lanxuhong died.
8. Witness Xiang Zusun's testimony confirms that on the night of June 26, 2008, he and Zhang Qin, Wu Daiguo, "Lang Hong" (only to recognize) to the Xuefu Plaza together to eat a snack, and then came some people one after another. In the process of drinking, "Lang Hong" and one of them because of the mutual toast to have an argument. The more they argued the more fierce, "Lang Hong" took an empty bottle of wine hit the head of a bottle, at that time the person's head hit the blood. I do not know when, was "Lang Hong" hit the man ran over to stab "Lang Hong" a knife, when he found, "Lang Hong" has fallen to the ground bleeding a lot of blood.
9. Witness Wu Dai Guo's testimony confirms that on the night of June 26, 2008, he and Blue Xuhong, Xiang Zusun, Zhang Qin to the Xuefu Plaza Night Beer stalls drinking, in the drinking encountered Xiang Mou and others, they were drinking together. After a while, a man who claimed to be a squad leader and Lan Xuhong had an argument over drinking. When he came back from the toilet, he found Lan Xuhong lying on his back on the ground, bleeding, and a man standing in front of Lan Xuhong with a knife in his hand, the blade of which was about 10 centimeters long. After the man took Xiangmou's motorcycle and ran away, the man was also Xiangmou shouted.
10. Witness Yan Yong's testimony confirms that on the night of June 26, 2008, Wu Dai Guo called him to the five bridges to drink, blue Hong also passed the word. He went to Baianba Xuefu Square drinking and chatting, Blue Hong and a man fought, the man from the waist touched a belt knife out, he went to block, the man danced a knife, he got out of the way. The two of them then rushed face to face and the man with the knife stabbed Bluehorn in the butt or waist.
11. Witness Chen Yi's testimony confirms that on the night of June 26, 2008, she saw Gong Mou and Xiang Mou cycling back to the store, she called Xiang Mou, Xiang Mou said in the Yangtze River Bridge, she took a cab to go after Xiang Mou back to the five bridges, she and Gong Mou two people to the city of Wanzhou. She went home to get some medicine, in the hostel to help Gong Mou bandaged wounds, she thought it should be out of the way. The next morning around 10:00, in the armed police detachment where the beauty salon, Gong Mou and "Mang Kui" met, Gong Mou said last night in the five bridges when drinking others stabbed a few times, I do not know if the people died. "Mangkui" said to inquire, let Gong first hide. When it gets dark, "Mangkui", Gong and her three to Dongjia "small rock mouth" a person surnamed Chen's home to hide. Before leaving, "Mangkui" gave the family 500 yuan, to Gong 500 yuan. Lived four or five days, "Mangkui" and Zhang Mou came, "Mangkui" said to Gong Mou Interpol to find him, and now this place is not safe, to move place. They walked down the mountain together to the "big pass", "Mangkui" said to "Chuan" home to hide a few days, they hid to "Chuan" uncle's home. "uncle's home," Chuan "every day to send food. Lived a week, Gong said to change places, Qin contact Gong to Fengjie.
12. Witness Tang Wei's testimony confirms that on June 27, 2008, around 1:00 pm, Qin Mou came to Sharon Road, Dahegou to find him, not long, "Zhao Bajiu", "peace" and a woman came, when he saw the "peace" face. At that time, he saw abrasions on the face of "Heping". At 5:00 p.m., Qin said he wanted to go to his in-laws to play a few days, asked him to send. So he drove the three of them to a rural home. After arriving at Qin's in-laws' house, when he left, Qin gave his in-laws' father 500 yuan as living expenses for two people in peace.
13. Witness Chen Changlin's testimony confirms that "Mangkui" and his son Chen Jihai previously in prison together, June 27, 2008 "Mangkui" brought a man and a woman to his home, said he was a friend of the five bridges in the accident, the other party to find trouble. To find trouble, live in his home for two days, when things calm down, he agreed, "Mangkui" when he left as his son's in-laws to give him 500 yuan. The man and the woman lived in his home for two or three days, "Mangkui" and a young child came, I do not know what to say, when it was dark, the four of them left.
14. Witness Zhou Guochuan's testimony confirms that on July 4, 2008 or so, Zhang called him to say that there are two friends to his home to live for two days, he thought of the inconvenience of the home, said his great-uncle's home is empty, you can go there to live. In this way, Zhang brought a man and a woman, both fat, he thought it was to avoid the children. They stayed at his great-uncle's house for about five or six days, all of which he sent food from home.
15. Witness Wan Danfeng's testimony confirms that on June 18, 2008, he invited Zhu Heping to dinner, a person who came together said that Zhu Heping's friend, called Yang Heping, to Fengjie together with the ore business. The next few days, the person has been living in his mother-in-law's home, July 28, 2008 in his home for a night. 29, they were playing cards in a teahouse, the Public Security Bureau arrested the person.
16. Witness Yang Xiaolong's testimony confirmed that he knew Qin Mou, and through Qin Mou know Gong Mou. 2008 early July, there is a phone call to his cell phone, he first had something to ignore, and then he called the other side said peace. In the afternoon he met with Gong Mou, asked what is the matter, Gong Mou said moody, down to play a few days. Gong followed him in his aunt's home for a few days, and then he brought Gong to the home of Zhu Heping, Gong lived in Zhu Heping's home, about the end of July, he heard that Gong was arrested.
17. Identification statements and photographs
① On August 19, 2008, in Chongqing Wanzhou District Public Security Bureau Criminal Police Detachment, investigators will be prepared in advance of different male frontal photographs of 12 (of which No. 5 photographs of Qin Mou, nicknamed "Mangkui") to the identification of Chen Yi, identified Chen Yi, pointed out that No. 5 photographs of the person who helped her to identify, and the person in the photograph is the one who helped her to identify. After identification, Chen Yi pointed out that the person in photo No. 5 was the person who helped her and Gong Mou to hide, nicknamed "Mangkui".
② September 18, 2008, in Chongqing Wanzhou District Detention Center, the investigator will be prepared in advance of different male frontal photographs of 12 (of which No. 5 photo for Yang Xiaolong) to Qin Mou identification, after Qin Mou identification, pointed out that the No. 5 photo is the person he introduced Gong Mou to Fengjie hiding Yang Xiaolong.
3 September 19, 2008, in Chongqing Wanzhou District Public Security Bureau Criminal Police Detachment, investigators will be prepared in advance of the different male frontal photographs of 12 (of which No. 5 photographs of Qin Mou) to Chen Changlin identification, identified by Chen Changlin, pointed out that No. 5 photographs on the person is on June 27, 2008 to bring a man and a woman to his home to stay in the "Mang Kui". ".
4 September 19, 2008, in Chongqing Wanzhou District Public Security Bureau Criminal Police Detachment, investigators will be prepared in advance of the different male frontal photographs of 12 (of which No. 5 photo Gong) to Chen Changlin identification, identified by Chen Changlin, pointed out that the No. 5 photo on the person is in June 27, 2008 "Mangkui
18. Site investigation transcript, site orientation map, site photos recorded, the scene is located in Wanzhou District Tiantai Road, Xuefu Plaza, the scene center in the southeast corner of the square night urban area, survey see the east side of the area south of the south side of the stone carving columns pebble block area ("Nyonya" night beer stand) southwest corner of the 210 x 170cm range between the goose stone bloodstains and coagulation. Blood clot distribution, the pebble area west edge of the middle from the southern edge of the square 15m along the southwest direction of the 25cm wide drop blood band to the southern edge of the square, here the road square southeast corner steps 14cm, blood band length 21m, which is 600cm from the pebble area there are two pieces of cloth oozing blood (for the deceased companion for its bandage left), the square on the south side of the sidewalk drops of blood connected to the aforementioned drops of blood, along the mobile Public toilet north side around the east side to the north side of the highway (Tiantai Road) (for the 120 rescue mobile victim when the formation). Public security organs and extracted bloodstains at the scene.
19. extracted transcript records, June 29, 2008, 11:30, the public security organs reported to the public security organs, Gong fell down in the place found a dagger with blood. Public security organs immediately rushed to the Hengtong night market "flavorful" night stalls by the wall extracted with blood stains of a dagger.
20. Evidence of a black folding knife, produced in court, the defendant Gong confirmed that it stabbed blue Ou Hong knife.
21. Identification and autopsy photos:
(1) autopsy identification certificate records, blue Xu Hong right shoulder has a 3.5 x 1cm incision, left waist has a 2.8 x 0.7cm incision, right hip outside on a 3 x 0.5cm incision, right hip outside under a 2.5 x 0.3cm incision, left thigh a 7 x 2cm incision, left knee has a 2.5 x 0.5cm incision. 2.5×0.5cm, 2×0.6cm, 2×1cm, a 1.5×0.3cm incision on the upper back of the right thigh, a 2×0.5cm incision in the middle of the back of the right calf, neat margins on the above incisions, a blunt angle and a sharp angle, a 2.8×0.5cm incision on the right upper thigh, diagonally upward to the groin at 9.5cm, with a blunt angle and a sharp angle, and a right arterial artery rupture. It was concluded that Lan Xuhong died of hemorrhagic shock due to right femoral arteriovenous dissection caused by a single-edged stabbing device.
(2) physical evidence inspection report records, Chongqing Wanzhou District Public Security Bureau of the deceased's heart blood 1, the scene of blood 1, attached to the blood of the knife 1 sent for inspection, the test results for the above sent for inspection of samples are detected human blood reaction, blood type are "O" type.
(3) autopsy photographs prove that the blue Xu Hong was injured parts and autopsy.
22. Former Wanxian City, Wuqiao District People's Court (1996) five law criminal initial word No. 59 criminal verdict proves that on July 5, 1996 Gong was sentenced to two years' imprisonment for theft. Chongqing Wanzhou District People's Court (2005) Wan刑初字第560号刑事判决书、释放证明书证明，2005年10月13日龚某因犯故意伤害罪被判处有期徒刑一年，2006年8月10日刑满放。
23. Chongqing Wanzhou District People's Court (2004) Wan criminal early word No. 115 criminal verdict, release certificate proves that on February 16, 2004 Qin was sentenced to six years' imprisonment for the crime of trafficking in narcotics, and on May 26, 2008, his sentence was completed and he was released.
24. Chongqing Wanzhou District People's Court (2006) Wan criminal early word No. 52 criminal verdict, release certificate proves that on December 9, 2005 Xiang was sentenced to three years' fixed-term imprisonment and a fine of 3,000 yuan for the crime of robbery, and on February 24, 2008, he was released at the end of his sentence.
25. Household registration certificate, proving that Gong, Qin, Zhang, Xiang, Lan Xuhong's age, identity and other basic information.
26. Arrest and other legal documents to prove that the defendant Gong, Qin, Zhang, Xiangmou to take coercive measures.
The evidence listed above by the court and cross-examination, the defendant Gong mou, Qin mou, Zhang mou, Xiang mou did not object to the evidence listed above, the evidence collection procedure is legal, the proof of the content of the objective and true, and can be mutually corroborated, this court shall confirm.
Additionally found that the incidental civil plaintiffs Lanmou, Xiemou Department of the victim's parents, Lanmou is now 64 years old, Xiemou is now 60 years old, with three children. Incidental civil plaintiff Lan Mou is the daughter of the victim Lan Xuhong and Xiong Meijiong, now 7 years old.
The above facts, the following evidence produced by the court confirmed:
1. Household register copy, ID card copy proves that the incidental civil plaintiff's age, identity, the town population and other basic information.
2. The death certificate confirms the fact that the victim Lan Xuhong died.
3. Wanzhou District, Chongqing City, Baianba Street, Baian Community Residents Committee proved that Mr. and Mrs. Blue, Xiemou have three children, including Blue Ou Hong.
4. Divorce certificate confirms the fact that the blue Xu Hong and Xiong Mei Qiong divorce.
5. Transportation invoice proves that the incidental civil plaintiffs to deal with the funeral expenses.
The above evidence was presented and cross-examined in court, the defendant Gong and his agent did not object, the court will confirm.
The court believes that the defendant Gongmou due to verbal disputes, stabbing blue Xu Hong, blue Xu Hong death, his behavior has constituted the crime of intentional injury. Defendant Qinmou, Zhangmou, Xiangmou know Gongmou crime and provide hiding place, property, help his escape, their behavior has constituted the crime of harboring. In the harboring crime, Qinmou and Zhangmou *** with the discussion, *** with the help of Gongmou to evade the public security organs, is *** with the crime. Defendants Gong, Qin, Xiangmou in five years after the completion of the execution of the penalty should be sentenced to a prison term of more than the crime, is a recidivist, should be punished more severely. The facts and crimes charged by the public prosecution authorities are established.
The defendant Gong argued that the blue Xu Hong first beer bottle to stab him in the head, he stabbed the blue Xu Hong thigh and buttocks, did not continue to go after the stabbing, and only scratched the shoulder of the blue Xu Hong reason, and its defense put forward the cause of this case is that the victim of the blue Xu Hong has a clear and serious fault of the defense, the examination, Gong and the blue Xu Hong because of the drink of the verbal disputes, the blue Xu Hong first holding Beer bottle stabbed Gong's head, the case of the trigger and the intensification of the conflict has a certain responsibility, the defendant Gong sentencing can be considered as appropriate. As for Gong went after the stabbing or scratching, does not affect the characterization of the case sentencing. For the defense put forward by the defendant Gong truthfully confessed to the facts of the crime of the defense, after investigation is true, can be in the sentencing of discretionary light punishment. For the defendant Gong and his defense is willing to try to compensate for the victim's economic losses, because the plaintiff and defendant have not yet reached an agreement on compensation, the defendant did not actually pay, the defense, the court does not accept.
On the defendant Qinmou's defense put forward the defendant Qinmou in the concealment of the crime of lesser circumstances, after investigation, Qinmou and Zhangmou *** with the discussion, *** with the help of Gongmou to escape, according to Qinmou, Zhangmou *** with the specific circumstances of the crime, the role to be sentenced. Defendant qin mou after returning to the case truthfully confessed the facts of the crime, plead guilty to a better attitude, the defense suggested that qin mou mitigating punishment this court shall be adopted.
Because the defendant Gong caused economic losses to the plaintiff in the incidental civil action, in addition to criminal liability, should also bear civil liability. The incidental civil lawsuit plaintiffs proposed compensation for funeral expenses, lost wages, accommodation and transportation costs, blue mou, xie mou, lan mou's dependents living expenses request, in line with the provisions of the law, and there is relevant evidence to prove, should be supported. Lanmou, xiemou, lanmou are urban residents, their dependents living expenses according to the standard of per capita consumption expenditure of urban residents in chongqing city. Blue is now 64 years old, in the case of age of sixty years old, in accordance with the age of sixty years old and above, each increase of one year from the total of twenty years to reduce the standard calculation of 16 years; solution is now 60 years old, calculation of 20 years; because blue, solution has three children including blue xu hong, three children have to support blue, solution of the obligation of blue, solution of the living expenses of dependents should be by the three children Shared by the three children, compensation is calculated according to 1/3 of the standard. Lanmou is now 7 years old, its dependents living expenses per capita consumption expenditure standard for urban residents in chongqing city to 18 years old, xiong meiqiong as a mother has the obligation to support, Lanmou's dependents living expenses should be shared by xiong meiqiong half, so the compensation is calculated according to the standard 1/2. At the same time, according to the "supreme people's court on the trial of personal injury compensation cases on the application of certain issues of interpretation of the law" article 28, paragraph 2 of the provisions, the dependents have several people, the total amount of compensation does not exceed the previous year's per capita consumption expenditure of urban residents or rural residents per capita annual living consumption expenditure. The Plaintiff in the incidental civil litigation did not support the exceeding part of the living expenses of the dependents. His request for death compensation of 274,300 RMB was not supported as it did not belong to the scope of compensation in the incidental civil litigation. This court confirms the compensation items are as follows: funeral expenses 11549 yuan, lost wages 270 yuan, accommodation and transportation costs 3000 yuan, blue, xiemou, lanmou's dependents living expenses 170,390.62 yuan, *** total 185209.62 yuan.
In accordance with the "Chinese people's *** and the state criminal law" article 234 (2), article 310 (1), article 25 (1), article 65 (1), article 48 (1), article 57 (1), article 36 (1), "Chinese people's *** and the general principles of civil law" article 119, "the supreme people's court on the trial of personal injury compensation case Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Personal Injury Compensation Cases", Article 17, paragraphs 1 and 3, Article 27 and Article 28, the verdict is as follows:
One, the defendant Gong commits the crime of intentional injury, and is sentenced to death, with a deferred execution of two years and deprivation of political rights for life;
Two, the defendant Qin commits the crime of concealment, and is sentenced to one year and six months' fixed-term imprisonment;
(the prison sentence will be calculated from the date of the execution of the judgment) (The term of imprisonment shall be calculated from the date of execution of the judgment. If the defendant was detained prior to the execution of the sentence, one day of detention shall be credited as one day of imprisonment, i.e., from August 23, 2008 to February 22, 2010.)
Third, the defendant Zhang Mou committed the crime of harboring and was sentenced to one year's imprisonment;
(The term of imprisonment shall be calculated from the date of execution of the sentence. If he is detained before the execution of the sentence, one day of detention shall be credited as one day of imprisonment, i.e., from September 4, 2008 to September 3, 2009.)
Four, the defendant Xiang Mou guilty of harboring, sentenced to eight months' imprisonment;
(The term of imprisonment shall be calculated from the date of execution of the sentence. If he is detained before the sentence is carried out, one day of detention shall be credited as one day of imprisonment, i.e., from December 19, 2008 to July 20, 2009.)
Fifth, the defendant Gong Mou compensation for incidental civil litigation plaintiff's funeral expenses 11,549 yuan, lost wages 270 yuan, accommodation and transportation costs of 3,000 yuan, Lan Mou, Xie Mou, Lan Mou's dependents living expenses of 170,390.62 yuan, *** total of 185,209.62 yuan; (the above sums are limited to 30 days after the entry into force of the judgment to be paid)
Sixth, dismissed the incidental civil litigation plaintiff's other claims, the defendant Gong Mou compensation for incidental civil litigation plaintiffs, the defendant Gong Mou compensation for incidental civil litigation plaintiffs. The other claims of the plaintiff in the civil action are dismissed.
If you are not satisfied with this judgment, you may appeal to the Chongqing Higher People's Court through this court or directly within ten days from the second day of receipt of the judgment, and if you appeal in writing, you shall submit one original and two copies of the appeal.
Cheng Yongbin, Judge
Xue Mei, Judge
Yang Jiwei, Acting Judge
December 25, 2008
Yu Lingliang, Bookkeeper
.