目录

1.连恩青故意杀人案

——因怀疑治疗不当杀死医生，罪行极其严重

2.王敏寻衅滋事案

——多次到医院滋事并殴打、辱骂、恐吓医务人员，情节恶劣

3.陈金泉等聚众扰乱社会秩序案

——聚众扰乱医院秩序，情节严重，造成严重损失

4.赵君堂等聚众扰乱社会秩序案

——聚众扰乱医院秩序，情节严重

案例1

连恩青故意杀人案

——因怀疑治疗不当杀死医生，罪行极其严重

（一）基本案情

被告人连恩青，男，汉族，1980年6月11日出生，农民。

2012年3月，被告人连恩青因鼻部疾病，在浙江省温岭市第一人民医院就诊时接受了该医院耳鼻喉科医生蔡朝阳的手术治疗。此后，连恩青认为手术效果不佳，多次到该医院复查、投诉，并要求再次手术未果。尽管其间连恩青多次到其他医院就诊，均诊断其鼻部无异常，但其仍对蔡朝阳和温岭市第一人民医院处理投诉事宜的耳鼻喉科医生王云杰（被害人，殁年45岁）以及为其进行CT检查的医生林海勇心生怨恨，预谋报复杀人。2013年10月25日8时许，连恩青携带事先准备的木柄铁锤、尖刀，来到温岭市第一人民医院门诊大楼五楼耳鼻喉科门诊，见王云杰、蔡朝阳分别在各自的诊室坐诊，遂进入王云杰诊室，持铁锤击打王云杰头部。因铁锤木把断裂，铁锤头掉落在地，连恩青又掏出尖刀捅刺王云杰，并追赶王云杰至同楼层的口腔科门诊室处，连续捅刺王云杰胸腹部、背部等处，还持刀捅刺劝阻其行凶的该医院医生王伟杰（被害人，时年59岁）右腋下一刀，在摆脱王伟杰阻拦后再次捅刺王云杰胸部。随后，连恩青持刀返回耳鼻喉科门诊寻找蔡朝阳，见蔡朝阳诊室房门已被锁住无法进入，便用尖刀刀柄敲碎诊室门玻璃后离开。接着，连恩青持刀来到该医院放射科一楼CT室操作间寻找林海勇，误将CT室医生江晓勇（被害人，时年39岁）认作林海勇，即上前捅刺江晓勇胸腹部3刀。连恩青被在场人员及闻讯赶来的保安当场抓获。王云杰因被刺致心脏、肺动脉及肺破裂，经抢救无效于当日死亡；江晓勇的损伤构成重伤。    

（二）裁判结果

本案由浙江省台州市中级人民法院一审，浙江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，被告人连恩青因对医院的治疗效果和投诉处理事宜不满，到医院持械行凶，故意非法剥夺医生生命，致1人死亡、2人受伤，其行为已构成故意杀人罪。连恩青犯罪性质特别恶劣，手段特别残忍，情节、后果特别严重，应依法惩处。据此，依法对被告人连恩青判处并核准死刑。

罪犯连恩青已于2015年5月25日被依法执行死刑。

案例2

王敏寻衅滋事案

——多次到医院滋事并殴打、辱骂、恐吓医务人员，情节恶劣

（一）基本案情

被告人王敏，女,汉族，1984年2月7日出生，无业。

被告人王敏在某美容整形医院进行鼻部整形术失败后，到湖北省武汉市华中科技大学同济医学院附属同济医院整形美容外科，于2008年5月、2009年11月两次接受了鼻部整形修复重建术。术后，王敏不满手术效果，多次到该科室纠缠、吵闹，用红色油漆在门诊室墙壁、门上乱涂乱画，书写侮辱性文字，打砸办公用品及门窗、天花板。2012年3月，经人民调解委员会调解，双方达成调解协议。但此后王敏仍多次到该科室打砸打印机、电脑等办公物品，造成经济损失1万余元。同年5月20日早晨，王敏又指使他人在该科室医生徐逸上班途中对徐逸拳打脚踢，打碎徐逸的眼镜，致其轻微伤。王敏还多次给该科室医生叶子荣发送大量侮辱、威胁性质短信，并跟踪至叶子荣家中，扬言欲伤害叶的家人。

（二）裁判结果

本案由湖北省武汉市硚口区人民法院一审，武汉市中级人民法院二审。

法院经审理认为，被告人王敏为泄愤多次到医院任意毁损公共财物，后果严重；在医院起哄闹事，造成医院秩序严重混乱；辱骂、恐吓并指使他人随意殴打医务人员，情节恶劣，其行为已构成寻衅滋事罪，应依法惩处。王敏多次实施上述行为，严重破坏社会秩序，且致1人轻微伤，酌情从重处罚。王敏自愿认罪，可酌情从轻处罚。据此，依法对被告人王敏判处有期徒刑四年。

上述裁判已于2014年11月26日发生法律效力。

案例3

陈金泉等聚众扰乱社会秩序案

——聚众扰乱医院秩序，情节严重，造成严重损失

（一）基本案情

被告人陈金泉，男，汉族，1987年10月10日出生，务工。

被告人陈扁，女，汉族，1985年4月5日出生，无业。

被告人朱乾坤，男，汉族，1983年5月1日出生，经商。

被告人陈宝治，女，汉族，1988年6月24日出生，务工。

2014年5月2日零时许，被告人陈金泉送其兄陈金木到福建省安溪县中医院五楼住院部就诊。当日5时许，陈金泉的姐姐被告人陈扁等因怀疑陈金木病情恶化系医院责任，殴打值班医务人员梁培榕、孙萍萍等人，并从医生陈炳煌手中抢走患者病历。8时左右，院方宣布陈金木经抢救无效死亡，陈金泉即通过打电话等方式召集亲友来医院。9时许，陈金泉、陈扁及陈金木的前妻被告人陈宝治、陈扁的丈夫被告人朱乾坤等在医院五楼打砸医生办公室、护士站、治疗室，致大量医用器具、器械、药品及电脑、打印机等物品损坏，殴打陈炳煌等医务人员和在场执勤的派出所协勤人员柯国欣、王智辉，并强行拉柯、王二人去看护陈金木尸体。随后，陈金泉等将陈金木尸体从病房移出，拉至医院一楼大厅入口处，设灵堂、烧纸钱、拉横幅、堵大门、围堵电梯出入口，打砸中药房、急诊科医生办公室、护士站、治疗室等，并殴打周艺娜、黄丽丽等医务人员及出警民警柯典强。综上，陈金泉等4名被告人殴打医务人员，致周艺娜轻伤，黄丽丽等7人轻微伤，毁损医院财物，造成医院经济损失3万余元，并导致医院医疗工作无法正常进行。

（二）裁判结果

法院经审理认为，被告人陈金泉、陈扁、朱乾坤、陈宝治采取聚众围、堵、打、砸等方式扰乱医院正常工作秩序，造成多名医务人员受伤，情节严重，致使医院医疗工作无法进行，造成严重损失，其行为均已构成聚众扰乱社会秩序罪，应依法惩处。在共同犯罪中，陈金泉属首要分子，陈扁、朱乾坤、陈宝治属其他积极参加者。4名被告人均如实供述自己的罪行，并积极主动赔偿被害方经济损失，有悔罪表现，可从轻处罚。据此，依法对被告人陈金泉判处有期徒刑三年；对被告人陈扁判处有期徒刑一年三个月，缓刑一年三个月；对被告人朱乾坤、陈宝治判处有期徒刑一年，缓刑一年三个月。

宣判后，被告人不上诉，检察机关未抗诉，上述判决已于2014年10月26日发生法律效力。

案例4

赵君堂等聚众扰乱社会秩序案

——聚众扰乱医院秩序，情节严重

（一）基本案情

被告人赵君堂，男,汉族，1982年3月2日出生，无业。

被告人韩金言，男,汉族，1981年11月22日出生，无业。

被告人赵湿峰，男,汉族，1988年2月23日出生，无业。

被告人郭拥军，男,汉族，1968年11月9日出生，无业。

被告人樊长喜，男,汉族，1959年11月19日出生，无业。

被告人郭红海，男,汉族，1976年12月2日出生，无业。

被告人赵利清，女,汉族，1976年3月7日出生，无业。

被告人赵丹只，男,汉族，1982年11月5日出生，无业。

2014年7月9日下午，被告人赵君堂之父赵克庭在河南省安阳市第六人民医院住院期间因医治无效死亡。为给医院施加压力获得更多赔偿，赵君堂及被告人韩金言、赵利清等人在该医院住院部摆放恒温棺，次日凌晨，又将恒温棺停放在一楼门诊大厅内。赵君堂纠集被告人赵湿峰、樊长喜、郭拥军、郭红海、赵丹只等30余人在门诊大厅设置灵堂，用音箱播放哀乐，并让人用汽车堵住住院部大门。韩金言还在医院门口悬挂写有“还我生命”的白色横幅。同月11日11时30分许，民警邢卫东、晋志超等到该医院门诊大厅维持秩序,劝离赵君堂等人，赵君堂等采取撕扯、抓打等方式阻碍民警执行公务，将邢卫东、晋志超打致轻微伤。

（二）裁判结果

法院经审理认为，被告人赵君堂、韩金言、赵湿峰、郭拥军、樊长喜、郭红海、赵利清、赵丹只聚集多人到医院门诊大厅设灵堂、堵大门等，并致2名维持秩序的民警轻微伤，致使诊疗活动无法正常进行，情节严重，其行为均已构成聚众扰乱社会秩序罪，应依法惩处。在共同犯罪中，赵君堂是组织、策划和纠集者，系首要分子；韩金言、赵湿峰、郭拥军、樊长喜、郭红海、赵利清、赵丹只系积极参加者。8名被告人均认罪悔罪，并取得被害人谅解。赵君堂、韩金言、赵湿峰主动投案并如实供述自己的罪行，系自首。根据各被告人在共同犯罪中的具体作用和情节，依法对赵君堂减轻处罚，对韩金言、赵湿峰、郭拥军、樊长喜、郭红海、赵利清、赵丹只从轻处罚。据此，依法对被告人赵君堂判处有期徒刑九个月；对被告人郭拥军判处有期徒刑七个月；对被告人韩金言、赵湿峰判处有期徒刑六个月；对被告人樊长喜、郭红海、赵利清、赵丹只判处拘役四个月，缓刑六个月。

宣判后，被告人不上诉，检察机关未抗诉，上述判决已于2015年2月4日发生法律效力。

catalogue

1. Lian Enqing's intentional homicide case

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

2. Wang Min's provocation and trouble shooting case

——Repeatedly causing trouble at the hospital and assaulting, insulting, and intimidating medical staff, with a heinous plot

3. Chen Jinquan and others gathered to disrupt social order case

——Gathering crowds to disrupt the order of the hospital, with serious consequences and causing serious losses

4. Zhao Juntang and others gathered to disrupt social order case

——Gathering crowds to disrupt hospital order, with serious circumstances

Case 1

The intentional homicide case of Lian Enqing

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

（1） Basic facts of the case

The defendant, Lian Enqing, male, Han nationality, was born on June 11, 1980 and is a farmer.

In March 2012, the defendant Lian Enqing received surgical treatment from Dr. Cai Chaoyang, an otolaryngologist at the First People's Hospital of Wenling City, Zhejiang Province, due to nasal diseases. Afterwards, Lian Enqing believed that the surgical effect was not satisfactory, and repeatedly went to the hospital for re examination, complaints, and requests for another surgery to be unsuccessful. Although Lian Enqing visited other hospitals multiple times during this period and was diagnosed with no abnormalities in his nose, he still harbored resentment towards Cai Chaoyang, the otolaryngologist Wang Yunjie (victim, 45 years old) who handled the complaint at Wenling First People's Hospital, and the doctor Lin Haiyong who performed CT scans for him. He planned revenge and murder. At around 8:00 am on October 25, 2013, Lian Enqing brought a prepared wooden handle iron hammer and sharp knife to the otolaryngology outpatient department on the fifth floor of the outpatient building of the First People's Hospital in Wenling City. He saw Wang Yunjie and Cai Chaoyang sitting in their respective consultation rooms, and then entered Wang Yunjie's consultation room. With the iron hammer, he hit Wang Yunjie on the head. Due to the fracture of the wooden handle of the hammer, the hammer head fell to the ground. Lian Enqing took out a sharp knife and stabbed Wang Yunjie, and chased him to the dental clinic on the same floor. He continuously stabbed Wang Yunjie in the chest, abdomen, back, and other areas. He also used a knife to stab and dissuade the hospital doctor Wang Weijie (the victim, aged 59 at the time), who stabbed Wang Yunjie in the right armpit. After getting rid of Wang Weijie's obstruction, he stabbed Wang Yunjie again in the chest. Subsequently, Lian Enqing returned to the otolaryngology clinic with a knife to search for Cai Chaoyang. Seeing that the door of Cai Chaoyang's consultation room was locked and unable to enter, he used a sharp knife handle to break the glass of the consultation room door and left. Subsequently, Lian Enqing came to the CT room on the first floor of the radiology department of the hospital with a knife to search for Lin Haiyong. He mistakenly identified the CT room doctor Jiang Xiaoyong (the victim, 39 years old at the time) as Lin Haiyong and stabbed Jiang Xiaoyong in the chest and abdomen three times. Lian Enqing was caught on the spot by the personnel present and the security guards who rushed in upon hearing the news. Wang Yunjie died on the same day after being stabbed and causing rupture of the heart, pulmonary artery, and lungs. However, rescue efforts were unsuccessful; Jiang Xiaoyong's injury constitutes a serious injury.

（2） Judgment results

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

After trial, the court found that the defendant, Lian Enqing, was dissatisfied with the hospital's treatment effectiveness and complaint handling. He committed an armed attack at the hospital and intentionally illegally deprived the doctor of his life, resulting in one death and two injuries. His behavior constitutes intentional homicide. The nature of Lian Enqing's crime is particularly harsh, the means are particularly cruel, the circumstances and consequences are particularly serious, and should be punished according to law. Based on this, the defendant Lian Enqing was sentenced to death and approved in accordance with the law.

The criminal Lian Enqing was executed in accordance with the law on May 25, 2015.

Case 2

Wang Min's provocation and trouble shooting case

——Repeatedly causing trouble at the hospital and assaulting, insulting, and intimidating medical staff, with a heinous plot

（1） Basic facts of the case

Defendant Wang Min, female, Han nationality, born on February 7, 1984, unemployed.

The defendant Wang Min failed to undergo nasal plastic surgery at a certain beauty and plastic surgery hospital and went to the Plastic and Cosmetic Surgery Department of Tongji Hospital Affiliated to Tongji Medical College of Huazhong University of Science and Technology in Wuhan, Hubei Province. She underwent nasal plastic surgery, repair and reconstruction twice in May 2008 and November 2009. After the surgery, Wang Min was dissatisfied with the surgical effect and repeatedly went to the department to pester and make noise. She used red paint to scribble on the walls and doors of the outpatient room, wrote insulting words, and smashed office supplies, doors, windows, and ceilings. In March 2012, through mediation by the People's Mediation Committee, both parties reached a mediation agreement. But since then, Wang Min has repeatedly visited the department to smash office items such as printers and computers, causing economic losses of over 10000 yuan. On the morning of May 20th of the same year, Wang Min instructed others to punch and kick Xu Yi, a doctor in the department, on his way to work, breaking his glasses and causing minor injuries. Wang Min also repeatedly sent a large number of insulting and threatening text messages to Ye Zirong, a doctor in the department, and tracked them to Ye Zirong's home, threatening to harm Ye's family.

（2） Judgment results

This case was first instance by the Qiaokou District People's Court of Wuhan City, Hubei Province, and second instance by the Wuhan Intermediate People's Court.

After trial, the court found that the defendant Wang Min went to the hospital multiple times to vent his anger and arbitrarily damaged public property, with serious consequences; Causing chaos and causing serious disorder in the hospital; Abusing, intimidating, and instructing others to beat medical personnel at will, if the circumstances are severe, constitutes the crime of causing trouble and should be punished in accordance with the law. Wang Min has repeatedly committed the above actions, seriously disrupting social order, and causing one person to be slightly injured. He will be given a heavier punishment as appropriate. Wang Min voluntarily pleads guilty and may be given a lighter punishment as appropriate. Based on this, the defendant Wang Min was sentenced to four years in prison in accordance with the law.

The above judgment took legal effect on November 26, 2014.

Case 3

Chen Jinquan and others gathered to disrupt social order case

——Gathering crowds to disrupt the order of the hospital, with serious consequences and causing serious losses

（1） Basic facts of the case

The defendant Chen Jinquan, male, Han nationality, was born on October 10, 1987 and is a migrant worker.

The defendant Chen Bian, female, Han nationality, was born on April 5, 1985, unemployed.

The defendant Zhu Qiankun, male, Han nationality, was born on May 1, 1983 and engaged in business.

The defendant Chen Baozhi, female, Han nationality, was born on June 24, 1988 and is a migrant worker.

At around 0:00 on May 2, 2014, the defendant Chen Jinquan sent his brother Chen Jinmu to the inpatient department on the fifth floor of Anxi County Traditional Chinese Medicine Hospital in Fujian Province for treatment. At around 5 o'clock on the same day, Chen Jinquan's sister, the defendant Chen Bian, and others suspected that Chen Jinmu's condition had worsened and were the responsibility of the hospital. They beat up duty medical staff members Liang Peirong, Sun Pingping, and others, and stole the patient's medical records from doctor Chen Binghuang. At around 8 o'clock, the hospital announced that Chen Jinmu had died after ineffective rescue. Chen Jinquan immediately summoned relatives and friends to the hospital through phone calls and other means. At around 9 o'clock, Chen Jinquan, Chen Bian, Chen Jinmu's ex-wife defendant Chen Baozhi, Chen Bian's husband defendant Zhu Qiankun, and others smashed the doctor's office, nursing station, and treatment room on the fifth floor of the hospital, causing damage to a large number of medical equipment, equipment, drugs, computers, printers, and other items. They also assaulted medical personnel such as Chen Binghuang and police station attendants Ke Guoxin and Wang Zhihui who were on duty, and forcibly took care of Chen Jinmu's body. Subsequently, Chen Jinquan and others removed Chen Jinmu's body from the ward and pulled it to the entrance of the first floor lobby of the hospital. They set up a mourning hall, burned paper money, pulled banners, blocked doors, and surrounded elevator entrances and exits. They smashed the Chinese pharmacy, emergency department doctor's office, nurse station, treatment room, etc., and beat medical personnel such as Zhou Yina and Huang Lili, as well as police officer Ke Dianqiang. In summary, four defendants, including Chen Jinquan, assaulted medical staff, causing minor injuries to Zhou Yina and seven others, including Huang Lili. They damaged the hospital's property, causing economic losses of over 30000 yuan, and causing the hospital's medical work to be unable to proceed normally.

（2） Judgment results

After trial, the court found that the defendants Chen Jinquan, Chen Bian, Zhu Qiankun, and Chen Baozhi disrupted the normal working order of the hospital by gathering crowds, blocking, beating, and smashing, causing multiple medical personnel to be injured. The circumstances were serious, causing the hospital's medical work to be unable to proceed and causing serious losses. Their actions all constituted the crime of gathering crowds to disrupt social order and should be punished in accordance with the law. In the joint crime, Chen Jinquan is the ringleader, while Chen Bian, Zhu Qiankun, and Chen Baozhi are other active participants. All four defendants truthfully confessed their crimes and actively compensated the victim for their economic losses. If they showed remorse, they may be given a lighter punishment. Based on this, the defendant Chen Jinquan was sentenced to three years in prison in accordance with the law; Sentence the defendant Chen Bian to imprisonment of one year and three months, with a probation of one year and three months; The defendants Zhu Qiankun and Chen Baozhi were sentenced to one year in prison with a suspended sentence of one year and three months.

After the verdict was pronounced, the defendant did not appeal, and the procuratorial organs did not protest. The above judgment took legal effect on October 26, 2014.

Case 4

Zhao Juntang and others gathered to disrupt social order

——Gathering crowds to disrupt hospital order, with serious circumstances

（1） Basic facts of the case

The defendant Zhao Juntang, male, Han nationality, was born on March 2, 1982, unemployed.

The defendant Han Jinyan, male, Han nationality, was born on November 22, 1981, unemployed.

The defendant Zhao Shifeng, male, Han nationality, was born on February 23, 1988, unemployed.

The defendant Guo Yongjun, male, Han nationality, was born on November 9, 1968, unemployed.

The defendant Fan Changxi, male, Han nationality, was born on November 19, 1959, unemployed.

The defendant Guo Honghai, male, Han nationality, was born on December 2, 1976, unemployed.

The defendant Zhao Liqing, female, Han nationality, was born on March 7, 1976, unemployed.

The defendant Zhao Danju, male, Han nationality, was born on November 5, 1982, unemployed.

On the afternoon of July 9, 2014, Zhao Keting, the father of the defendant Zhao Juntang, died due to ineffective medical treatment during his hospitalization at the Sixth People's Hospital in Anyang City, Henan Province. In order to exert pressure on the hospital and obtain more compensation, Zhao Juntang, along with defendants Han Jinyan, Zhao Liqing, and others, placed thermostatic coffins in the inpatient department of the hospital. The next morning, they also parked the thermostatic coffins in the outpatient hall on the first floor. Zhao Juntang gathered more than 30 defendants, including Zhao Shifeng, Fan Changxi, Guo Yongjun, Guo Honghai, and Zhao Danjie, to set up a mourning hall in the outpatient hall, playing mournful music through speakers, and having people block the entrance of the inpatient department with cars. Han Jinyan is still hanging a white banner at the entrance of the hospital with the words' Give me back my life '. At around 11:30 on the 11th of the same month, police officers Xing Weidong and Jin Zhichao waited at the outpatient hall of the hospital to maintain order and advised Zhao Juntang and others to leave. Zhao Juntang and others used methods such as tearing and scratching to obstruct the police from carrying out their official duties, causing minor injuries to Xing Weidong and Jin Zhichao.

（2） Judgment results

After trial, the court found that the defendants Zhao Juntang, Han Jinyan, Zhao Shifeng, Guo Yongjun, Fan Changxi, Guo Honghai, Zhao Liqing, and Zhao Dan only gathered multiple people to set up a spiritual hall and block the gate in the outpatient hall of the hospital, causing minor injuries to two police officers who were maintaining order, causing the diagnosis and treatment activities to be unable to proceed normally. The circumstances are serious, and their actions have all constituted the crime of gathering crowds to disrupt social order, and should be punished in accordance with the law. In joint crimes, Zhao Juntang is the organizer, planner, and gatherer, and is the primary element; Han Jinyan, Zhao Shifeng, Guo Yongjun, Fan Changxi, Guo Honghai, Zhao Liqing, and Zhao Dan are only active participants. All 8 defendants pleaded guilty and obtained the victim's understanding. Zhao Juntang, Han Jinyan, and Zhao Shifeng voluntarily surrendered and truthfully confessed their crimes, which is considered voluntary surrender. According to the specific roles and circumstances of each defendant in the joint crime, Zhao Juntang will be given a lighter punishment in accordance with the law, while Han Jinyan, Zhao Shifeng, Guo Yongjun, Fan Changxi, Guo Honghai, Zhao Liqing, and Zhao Dan will only be given a lighter punishment. Based on this, the defendant Zhao Juntang was sentenced to nine months in prison in accordance with the law; Sentenced the defendant Guo Yongjun to seven months in prison; Sentenced the defendants Han Jinyan and Zhao Shifeng to six months in prison; The defendants Fan Changxi, Guo Honghai, Zhao Liqing, and Zhao Dan were only sentenced to four months of detention and six months of probation.

After the verdict was pronounced, the defendant did not appeal, and the procuratorial organs did not protest. The above judgment took legal effect on February 4, 2015.