最高人民法院公布涉医犯罪四大典型案例

（2014年4月25日）

案例1

王英生故意杀人案

--因怀疑治疗不当杀死医生，罪行极其严重

（一）基本案情

被告人王英生，男，汉族，1950年12月24日出生，退休职工。

2012年10月14日，被告人王英生因患脑血栓病到天津中医药大学第一附属医院就医，该院针灸科主任医师康红千（被害人，女，殁年46岁）为其进行针灸治疗。王英生接受治疗后自感病痛没有缓解，反而有所加重，认为系康红千针灸所致，产生报复之念。同年11月29日13时许，王英生携带斧子到该院二楼康红千所在的针灸十四诊室，持斧子朝康红千的头面部猛砍数下，致康红千重度颅脑损伤死亡。王英生作案后从该诊室窗户跳下，受伤倒地，后被公安人员当场抓获。

（二）裁判结果

本案由天津市第一中级人民法院一审，天津市高级人民法院二审。最高人民法院对本案进行了死刑复核。

法院经审理认为，被告人王英生故意非法剥夺他人生命，其行为已构成故意杀人罪。王英生无端怀疑其病症未缓解系医生治疗不当所致，蓄意行凶报复，持斧闯入医院杀死诊治医生，犯罪手段残忍，情节恶劣，罪行极其严重，应依法惩处。据此，依法对被告人王英生判处并核准死刑。

罪犯王英生已于2014年4月22日被依法执行死刑。

案例2

王运生故意杀人案

--因不满治疗效果杀死主治医生，罪行极其严重

（一）基本案情

被告人王运生，男，汉族，1987年9月5日出生，农民。

被告人王运生因患肺结核病，于2011年7月27日至8月23日在湖南省衡阳市第三人民医院（南院）住院治疗，入院时由十二病区主任陈文明接诊，后由陈妤娜（被害人，女，殁年33岁）担任主治医生。住院期间，王运生对治疗效果不满，多次与陈妤娜发生争执。出院后，王运生发现病情恶化，认为系陈妤娜在治疗过程中停药、换药、减药所致，由此产生怨恨，决意报复陈妤娜或陈文明。为此，王运生先后两次从其打工地广东省来到衡阳市伺机报复，但均因故未能实施。2012年4月28日14时许，王运生携带事先准备的折叠刀来到该医院，戴上口罩进入第十二病区，见陈妤娜独自在医生办公室，遂持刀捅刺陈背部。陈妤娜被刺后起身跑向办公室门口并跌倒在地，王运生又上前朝陈的颈部、胸部、背部等处捅刺20余刀，致陈妤娜颈动脉破裂失血性休克死亡。

（二）裁判结果

本案由湖南省衡阳市中级人民法院一审，湖南省高级人民法院二审。最高人民法院对本案进行了死刑复核。

法院经审理认为，被告人王运生故意非法剥夺他人生命，其行为已构成故意杀人罪。王运生因对住院期间的治疗效果不满，蓄意报复，持刀捅刺主治医生20余刀致人死亡，犯罪手段残忍，情节恶劣，罪行极其严重，应依法惩处。据此，依法对被告人王运生判处并核准死刑。

罪犯王运生已于2014年4月21日被依法执行死刑。

案例3

刘晓东故意伤害案

--因不满医生转院建议殴打医生致轻伤

（一）基本案情

被告人刘晓东，男，汉族，1968年7月3日出生，无业。

2012年12月3日零时30分许，被告人刘晓东因头部受伤，到辽宁省丹东市中医院就诊。刘晓东对接诊医生宋峰（被害人，男，时年46岁）称自己可能颅骨骨折，宋峰建议刘晓东去其他医院治疗。刘晓东对宋峰建议其转院治疗不满，离开十几分钟后返回，拽掉宋峰的眼镜，用头撞击宋峰的口、鼻处，并对宋峰进行殴打，致宋峰2颗牙齿折断，鼻骨线形骨折，构成轻伤。

（二）裁判结果

辽宁省丹东市振兴区人民法院经审理认为，被告人刘晓东故意伤害他人身体致轻伤，其行为已构成故意伤害罪。刘晓东就诊时因对医生提出的转院治疗建议不满，将医生打致轻伤，应依法惩处。鉴于刘晓东当庭自愿认罪，可酌情从轻处罚。据此，依法对被告人刘晓东判处有期徒刑一年四个月。

该案一审宣判后，被告人未上诉，检察机关未抗诉，上述判决刑事部分已于2013年12月9日发生法律效力。

案例4

卞井奎等寻衅滋事案

--就诊时随意殴打医生、任意毁损财物，情节恶劣

（一）基本案情

被告人卞井奎，男，汉族，1992年9月7日出生，农民。

被告人卞龙，男，汉族，1986年9月7日出生，农民。

被告人刘浩，男，汉族，1982年10月15日出生，农民。

被告人王阜南，男，汉族，1984年1月6日出生，农民。

被告人宋孝猛，男，汉族，1985年4月18日出生，农民。

被告人姜玉，男，汉族，1985年4月3日出生，农民。

2013年11月9日晚，被告人卞井奎、卞龙、刘浩、王阜南、宋孝猛、姜玉一起饮酒。当日23时许，卞井奎在其他5人陪同下到浙江省宁波市第七医院治疗手伤。卞井奎等6人因违反就医流程要求拍片，被该院放射科值班医生王成伟、秦鹏程拒绝，遂谩骂并踹门进入放射科办公室殴打王成伟、秦鹏程，致王成伟头部、右上肢损伤，秦鹏程右耳、面部、口唇皮肤裂伤，二人伤情均构成轻微伤。卞井奎等6人还造成放射科办公室内医用显示器、榉木门和2把木凳毁坏，价值共计人民币4167元。

（二）裁判结果

本案由浙江省宁波市镇海区人民法院一审，宁波市中级人民法院二审。

法院经审理认为，被告人卞井奎、卞龙、刘浩、王阜南、宋孝猛、姜玉酒后在医院谩骂、随意殴打值班医生，致2人轻微伤，情节恶劣；任意毁损公私财物造成损失4167元，情节严重，其行为均已构成寻衅滋事罪，应依法惩处。卞井奎、卞龙、刘浩、宋孝猛、姜玉归案后如实供述犯罪事实，自愿认罪，应依法从轻处罚；上述5人积极赔偿被害人、被害单位经济损失，可酌情从轻处罚。据此，依法对被告人卞井奎、王阜南判处有期徒刑十一个月，对被告人宋孝猛、姜玉判处有期徒刑十个月，对被告人卞龙、刘浩判处有期徒刑九个月。

上述裁判已于2014年4月16日发生法律效力。

The Supreme People's Court Announces Four Typical Cases of Medical Related Crimes

(April 25, 2014)

Case 1

Wang Yingsheng's intentional homicide case

--The crime of killing a doctor on suspicion of improper treatment is extremely serious

（1） Basic facts of the case

The defendant Wang Yingsheng, male, Han nationality, was born on December 24, 1950 and is a retired employee.

On October 14, 2012, the defendant Wang Yingsheng went to the First Affiliated Hospital of Tianjin University of Traditional Chinese Medicine for medical treatment due to cerebral thrombosis. Kang Hongqian (the victim, female, aged 46), the chief physician of the acupuncture and moxibustion department of the hospital, treated him with acupuncture and moxibustion. After receiving treatment, Wang Yingsheng felt that his pain did not ease, but increased. He believed that it was caused by Kang Hongqian's acupuncture and moxibustion, and he felt vindictive. At about 13:00 on November 29 of the same year, Wang Yingsheng took an axe to the 14th acupuncture and moxibustion Consulting Room where Kang Hongqian was on the second floor of the hospital. He held an axe and slashed Kang Hongqian's head and face several times, causing Kang Hongqian to die of severe brain injury. After committing the crime, Wang Yingsheng jumped out of the window of the consulting room and fell to the ground injured. He was later arrested by public security personnel on the spot.

（2） Judgment results

This case was first instance by the Tianjin First Intermediate People's Court and second instance by the Tianjin Higher People's Court. The Supreme People's Court conducted a death penalty review of this case.

After trial, the court found that the defendant Wang Yingsheng intentionally and illegally deprived others of their lives, and his behavior constituted the crime of intentional homicide. Wang Yingsheng suspected for no reason that his illness did not alleviate due to improper treatment by the doctor. He deliberately retaliated by breaking into the hospital with an axe to kill the doctor, and the criminal methods were cruel and the circumstances were severe. The crime was extremely serious and should be punished according to law. Based on this, the defendant Wang Yingsheng was sentenced to death and approved in accordance with the law.

Criminal Wang Yingsheng was executed in accordance with the law on April 22, 2014.

Case 2

Wang Yunsheng's intentional homicide case

--The crime of killing the attending doctor due to dissatisfaction with the treatment effect is extremely serious

（1） Basic facts of the case

Defendant Wang Yunsheng, male, Han nationality, born on September 5, 1987, is a farmer.

The defendant Wang Yunsheng was hospitalized in the Third People's Hospital (South Hospital) of Hengyang City, Hunan Province from July 27 to August 23, 2011 due to tuberculosis. At the time of admission, Chen Wenming, the director of the Twelve Wards, received him. Later, Chen Yuna (the victim, female, died at the age of 33) served as the attending doctor. During his hospitalization, Wang Yunsheng was dissatisfied with the treatment effect and had multiple disputes with Chen Yuna. After discharge, Wang Yunsheng discovered that his condition had worsened, believing that it was caused by Chen Yuna stopping, changing, or reducing her medication during the treatment process. As a result, he developed resentment and decided to retaliate against Chen Yuna or Chen Wenming. For this reason, Wang Yunsheng came to Hengyang City twice from his place of employment in Guangdong Province to seek revenge, but failed to implement it for some reason. At around 14:00 on April 28, 2012, Wang Yunsheng arrived at the hospital with a prepared folding knife, put on a mask, and entered the 12th ward. Seeing Chen Yuna alone in the doctor's office, he stabbed Chen in the back with a knife. After Chen Yuna was stabbed, she got up and ran towards the office door and fell to the ground. Wang Yunsheng stabbed Chen more than 20 times in the neck, chest, back, and other areas, causing Chen Yuna to rupture her carotid artery and die from hemorrhagic shock.

（2） Judgment results

This case was first instance by the Intermediate People's Court of Hengyang City, Hunan Province, and second instance by the Higher People's Court of Hunan Province. The Supreme People's Court conducted a death penalty review of this case.

After trial, the court found that the defendant Wang Yunsheng intentionally and illegally deprived others of their lives, and his behavior constituted the crime of intentional homicide. Wang Yunsheng, dissatisfied with the treatment effect during his hospitalization, deliberately retaliated and stabbed the attending doctor with more than 20 knives, resulting in death. The criminal method was cruel and the circumstances were heinous. The crime was extremely serious and should be punished in accordance with the law. Based on this, the defendant Wang Yunsheng was sentenced to death and approved in accordance with the law.

Criminal Wang Yunsheng was executed in accordance with the law on April 21, 2014.

Case 3

Liu Xiaodong's Intentional Injury Case

--Minor injury caused by beating the doctor due to dissatisfaction with the doctor's transfer suggestion

（1） Basic facts of the case

The defendant Liu Xiaodong, male, Han nationality, was born on July 3, 1968, unemployed.

At around 00:30 on December 3, 2012, the defendant Liu Xiaodong went to Dandong Traditional Chinese Medicine Hospital in Liaoning Province for treatment due to head injury. Liu Xiaodong told the attending doctor Song Feng (the victim, male, 46 years old at the time) that he may have suffered a skull fracture. Song Feng suggested that Liu Xiaodong go to another hospital for treatment. Liu Xiaodong was dissatisfied with Song Feng's suggestion to transfer to another hospital for treatment. After leaving for more than ten minutes, he returned, pulled off Song Feng's glasses, hit Song Feng's mouth and nose with his head, and beat him, causing Song Feng to break two teeth and a linear fracture of his nasal bone, resulting in minor injuries.

（2） Judgment results

After trial, the People's Court of Zhenxing District, Dandong City, Liaoning Province found that the defendant Liu Xiaodong intentionally injured others' bodies and caused minor injuries, and his behavior constituted the crime of intentional injury. Liu Xiaodong was dissatisfied with the doctor's suggestion to transfer to another hospital during his medical treatment, causing minor injuries to the doctor and should be punished in accordance with the law. Given that Liu Xiaodong voluntarily pleaded guilty in court, he may be given a lighter punishment as appropriate. Based on this, the defendant Liu Xiaodong was sentenced to one year and four months in prison in accordance with the law.

After the first instance judgment of the case was pronounced, the defendant did not appeal and the procuratorial organs did not protest. The criminal part of the above judgment took legal effect on December 9, 2013.

Case 4

Bian Jingkui and other provocative and troublemaking cases

--When seeking medical treatment, indiscriminately beating doctors and damaging property, and the circumstances are heinous

（1） Basic facts of the case

The defendant, Bian Jingkui, male, Han nationality, was born on September 7, 1992 and is a farmer.

The defendant, Bian Long, male, Han nationality, was born on September 7, 1986 and is a farmer.

The defendant Liu Hao, male, Han nationality, was born on October 15, 1982 and is a farmer.

Defendant Wang Funan, male, Han nationality, born on January 6, 1984, is a farmer.

The defendant, Song Xiaomeng, male, Han nationality, was born on April 18, 1985 and is a farmer.

The defendant, Jiang Yu, male, Han nationality, was born on April 3, 1985 and is a farmer.

On the evening of November 9, 2013, the defendants Bian Jingkui, Bian Long, Liu Hao, Wang Funan, Song Xiaomeng, and Jiang Yu drank together. At around 23:00 on the same day, Bian Jingkui, accompanied by five other people, went to the Seventh Hospital in Ningbo, Zhejiang Province for treatment of his hand injury. Six people, including Bian Jingkui, were rejected by the on-duty doctors Wang Chengwei and Qin Pengcheng in the radiology department of the hospital due to violating the medical process requirements. They then cursed and kicked the door into the radiology department office to beat Wang Chengwei and Qin Pengcheng, causing head and upper limb injuries to Wang Chengwei, as well as skin lacerations to Qin Pengcheng's right ear, face, and lip. Both injuries were considered minor injuries. Bian Jingkui and six others also caused damage to the medical monitor, beech wood door, and two wooden stools in the radiology office, with a total value of RMB 4167.

（2） Judgment results

This case was first instance by the People's Court of Zhenhai District, Ningbo City, Zhejiang Province, and second instance by the Ningbo Intermediate People's Court.

After trial, the court found that the defendants Bian Jingkui, Bian Long, Liu Hao, Wang Funan, Song Xiaomeng, and Jiang Yu abused and arbitrarily assaulted the duty doctor in the hospital after drinking alcohol, causing minor injuries to two people, and the circumstances were severe; Arbitrary damage to public and private property caused a loss of 4167 yuan, and the circumstances are serious. Their behavior has constituted the crime of causing trouble and should be punished in accordance with the law. Bian Jingkui, Bian Long, Liu Hao, Song Xiaomeng, and Jiang Yu, after being brought to justice, truthfully confessed their crimes and voluntarily confessed their crimes, and should be given a lighter punishment in accordance with the law; The above five individuals actively compensate the victim and the victim's unit for economic losses, and may be given lighter penalties as appropriate. Based on this, the defendants Bian Jingkui and Wang Funan were sentenced to 11 months in prison in accordance with the law, Song Xiaomeng and Jiang Yu were sentenced to 10 months in prison, and Bian Long and Liu Hao were sentenced to 9 months in prison.

The above judgment took legal effect on April 16, 2014.