2015年9月18日，最高人民法院召开新闻通气会，福建省高级人民法院党组成员、审判委员会专职委员段思明发布了发生在福建校园内的刑事犯罪典型案例。

发生在校园内的刑事犯罪典型案例(福建）

目录

1.卢某某故意伤害案

2.张某某故意伤害案

3.刘某某、江某故意伤害案

4.杨某聚众斗殴案

5.哈某某故意伤害案

6.何某某、卓某某、陆某某聚众斗殴案

7.长汀三名未成年人聚众斗殴致人死亡案

8.官某某寻衅滋事案

9.许某某故意伤害案

10.刘某某、肖某、王某、杨某犯聚众斗殴案

11.黄凯文、魏某某抢劫案

12.杨某某故意伤害案

13.林某某、楼某某强制污辱妇女案

14.陈某故意伤害案

15.卓某某故意伤害案

16.黄某某、李某某、黄某某、张某某故意伤害案

一、被告人卢某某故意伤害案

（一）基本案情

2012年11月5日16时许，被告人卢某某到南靖县某中学高中部找朋友，在高中部四楼看到林某某，因林某某曾与其产生过纠纷，被告人卢某某遂将林某某叫到男厕所内质问，并动手对其进行殴打，林某某也还手殴打卢某某，双方发生打架，双方均有受伤。经南靖县公安局法医鉴定：被害人林某某的损伤程度属于轻伤；被告人卢某某的伤情属于轻微伤。

（二）裁判结果

被告人卢某某故意伤害他人身体，致一人轻伤，其行为已构成故意伤害罪，依法应追究其刑事责任。被告人卢某某犯罪时未满十八周岁，依法应当减轻处罚；被告人犯罪后，自动到公安机关投案，系自首，依法可以从轻或减轻处罚；被告人归案后积极赔偿被害人经济损失，取得被害人的谅解，依法予以酌情从轻处罚。依照刑法有关规定，对被告人卢某某犯故意伤害罪，免予刑事处罚。宣判后，没有上诉、抗诉，判决已发生法律效力。

（三）典型意义

本案是一起未成年被告人殴打未成年被害人的案件。被告人及被害人曾经都在漳州某学校就读初中，林某某在学校时有帮过与被告人卢某某有纠纷的人。因被告人卢某某平时不注意自己的道德素养，法制观念淡薄，不能冷静处置同学间发生的小事，而是斤斤计较，从而导致犯罪。从本案中可以发现，对未成年人法制教育是一项长抓不懈的工程，要时刻引导未成年人认真学习，遵守法律法规，与人和睦相处，珍惜学习时光，做个遵纪守法的好公民。

二、张某某故意伤害案

（一）基本案情

2014年12月15日晚上21时许，被告人张某某（系闽清某中学高一学生）在女生宿舍6楼开水间因排队提开水的事情与同校女生陈某某发生争吵，之后被告人打了陈某某右脸部一拳，导致其右眼部、鼻子受伤。经鉴定，被害人陈某某因外伤致鼻骨右侧及右侧上颌骨额突骨折，属轻伤二级。2015年1月l3日，被告人在母亲陪同下主动到派出所接受讯问，如实供述犯罪事实。

在本案诉讼过程中，被害人陈某某提出附带民事诉讼，2015年5月13日经法院主持调解，双方当事人达成了调解协议，由附带民事诉讼被告人（被告人的法定代理人）一次性赔偿被害人各项损失人民币50000元，并已履行完毕，被害人及其法定代理人出具了谅解书，表示愿意谅解被告人，希望法庭对其减轻从宽处罚，判处缓刑直至免予刑事处罚。

（二）裁判结果

被告人张某某故意伤害他人身体，致一人轻伤，其行为已构成故意伤害罪。公诉机关指控的罪名成立。被告人犯罪时未满十八周岁；在犯罪后自动投案，并能够如实供述自己的犯罪行为，系自首；本案系因民间矛盾激化引发，且被害人对双方矛盾激化负有一定责任；被告人及其法定代理人与被害人达成了调解协议，并已付清全部赔偿款，取得了被害人及其亲属的谅解。综上，鉴于被告人犯罪情节较轻，具有良好的悔罪表现，社会危害程度轻微，不需要判处刑罚，依法免予刑事处罚。

（三）典型意义

校园学生冲动好斗事件，近年来在新闻上屡见不鲜。比如本案被告人张某某就具有很典型性。被告人张某某成长于完整、和睦的家庭，平时性格外向，在学校表现良好，追求进步，担任过班干部，在校期间曾获得“文体活动之星”、“学习进步之星”、“热爱读书之星”等奖项；具有体育特长，曾于2011年获得县田径运动会铅球第六名、标枪第五名，2012年获得县田径运动会铅球第三名，2013年获得市第50届中小学生运动会铅球第四名、标枪第五名。张某某平时交往的人员都是同学，没有结交社会不良青年、沉迷网络等不良行为，日常寄宿在学校，独立生活能力较强。但因其性格较好强，年轻气盛，故因琐事受到被害人言语刺激时，不能理智地控制情绪，动手打了对方一拳致其轻伤，构成了故意伤害罪。经过法庭教育，被告人对自己的行为深感后悔，悔罪态度良好，其亲属亦表示今后一定对其严格管教，促其改过自新。

三、刘某某、江某故意伤害案

（一）基本案情

2011年6月22日7、8时许，被告人刘某某、江某认为闽侯县某中学的秦某是与被告人江某在网上发生过争吵的人，遂进入秦某所在的教室对其进行殴打后离开。10时30分许，两被告人再次进入教室，对秦某头部等处进行殴打。约三分钟后，两名被告人第三次进入教室，用脚踢打秦某腹部等处。经闽侯县公安局法医鉴定，秦某所受的伤是外力致使脾破裂属于重伤，评定为六级伤残。2011年8月29日，被告人刘某某、江某家长共赔偿被害人损失人民币117720元。2011年9月5日，被告人向闽侯县公安局祥谦派出所投案。

（二）裁判结果

福建省闽侯县人民法院经审理认为，被告人刘某某、江某故意以损害他人身体健康为目的，殴打致一人重伤，评定为六级伤残，其行为已构成故意伤害罪，公诉机关指控的罪名成立，法院予以支持。指定辩护人提出被告人刘某某、江某能主动投案，并能如实供述自己的罪行，系自首，可从轻或减轻处罚，且犯罪时均未满十六周岁，应当从轻或减轻处罚，两被告人的家属已赔偿被害人方的损失，可酌情予以从轻处罚的辩护意见予以采纳。根据两被告人在本案中的犯罪事实、情节、社会危害性，依法对两被告人予以减轻处罚。希望被告人应吸取教训，树立正确的世界观、人生观、和价值观。依照刑法有关规定，以故意伤害罪判处被告人刘某某有期徒刑二年六个月，缓刑三年，被告人江某有期徒刑二年六个月，缓刑三年。

（三）典型意义

本起是一起发生在校园内的学生暴力事件。就该案起因而言，被告人江某误认为被害人系在网上骂他的人，在不问清事情的情况下，冲动叫上同学冲到被害人班级对被害人进行殴打，缺乏冷静思考与理性对待，是引发本案的直接原因。除此之外，两被告人三次冲入班级，校方未能及时制止，也是导致本案被害人重伤后果的原因之一。案发后，两被告人已赔偿被害人经济损失，取得谅解，两被告人也表示真诚悔过。鉴于两被告人均为初中三年级在读学生，未满十六同岁，人民法院本着“教育为主、惩罚为辅”的原则和“教育、感化、挽救”的方针，给予两被告人减轻处罚，并依法适用缓刑，有利于他们健康成长。孩子的习惯性格的养成，家庭与学校教育起着至关重要的作用。因此，家庭、学校应经常教育学生在发生矛盾时，要冷静克制，学会容忍，“退一步海阔天空”，千万不能感情冲动。

四、杨某聚众斗殴案

（一）基本案情

2014年1月11日中午，中学生林某某将补习路上被已辍学同学哨某等人欺负的过程告诉其同学陈某某。当日晚20时许，陈某某召集已辍学的被告人杨某、张某等人找对方讨说法，在永辉超市旁边网吧楼下的小巷子内殴打了对方一名男子。随后被打男子电话召集人员，被告人杨某这方亦打电话召集人员，被打男子方通过电话叫被告人杨某等人到马尾步行街迪乐星KTV楼下。接完电话后，被告人杨某等人回住处拿钢管、砍刀等工具，并分乘四辆助力车至马尾区步行街迪乐星KTV楼下，看到KTV楼下有两帮人就追打。被告人杨某手持钢管与同伙在马尾步行街金海大厦的停车场将在校生杨某殴打致伤，张某等人在马尾步行街肯德基附近将被害人张某殴打致伤。经福州市公安局刑事科学技术研究所鉴定，被害人杨某损伤属轻伤一级，被害人张某损伤属轻伤二级。

（二）裁判结果

福州市马尾区人民法院经审理认为，被告人杨某与同伙在公共场所持械聚众斗殴，致二人轻伤的后果，其行为已构成聚众斗殴罪。量刑上，一是被告人杨某犯罪时未满十八周岁，应当予以减轻处罚。二是被告人当庭自愿认罪，悔罪态度诚恳，酌情予以从轻处罚。三是被告人案发后，其家属积极协商赔偿被害人的部分经济损失，获得被害人的谅解，酌情予以从轻处罚。据此，依照刑法等有关规定，以聚众斗殴罪判处杨某有期徒刑二年五个月。

（三）典型意义

人具有群体性，近朱者赤，近墨者黑。中学生喜欢与自己性格相近的同学组成小团体，一起学习、活动和玩耍，但因自我性格尚未稳固，容易受到其他成员思想和行为的影响，如本案就是一人被纠集斗殴而拉上其他在场同伴。中学生思想不成熟，辨识能力较差，自我保护能力较弱，应时刻警惕，谨慎交友，特别是与辍学的同学或带有刺青、吸烟酗酒等社会人员来往，尽量减少夜间在外活动，特别是避免在酒吧、KTV、网吧、烧烤摊、大排档、僻静的公园、灯光昏暗的街道等区域活动。家长应当加强对孩子课余时间的管束，有效监管孩子的行为和去向，及时关心孩子的思想和情绪。

五、哈某某故意伤害案

（一）基本案情

2012年9月14日13时许，被告人哈某某在福州某中学九年级四班教室内与同班同学陈某某因纠纷发生肢体冲突，在冲突过程中哈某某顺手拿起教室内的一把木头凳子砸向陈某某的头部，造成被害人陈某某颅骨凹陷性骨折。经鉴定，陈某某的伤情为重伤。案发后，被告人哈某某的父亲已赔偿被害人医疗费共计人民币81000元，另校方赔偿医疗费44000元，陈某某及其家属对哈某某的伤害行为表示谅解。

（二）裁判结果

福州市晋安区法院少年庭经审理认为，被告人采用暴力手段故意伤害他人身体，致一人重伤，其行为已构成故意伤害罪。被告人在作案时年龄未满十六周岁，庭审中自愿认罪，具有自首情节，其家属积极赔偿被害人经济损失，并得到被害人谅解，且福州市晋安区司法局对被告人作出符合社区矫正的评估意见，具备缓刑帮教条件，依法予以减轻处罚并适用缓刑。根据被告人的犯罪情节及悔罪表现，依照《中华人民共和国刑法》第二百三十四条第二款、第十七条第二款、第三款、第六十七条第一款、第七十二条、第七十三条第二款、第七十六条之规定，以故意伤害罪判处被告人哈某某有期徒刑十个月，缓刑一年。

（三）典型意义

为了保障未成年人身心健康，培养未成年人良好的品行，进一步预防未成年人犯罪，本着教育和保护的方针，有效地遏制未成年人犯罪，通过生动的真实案例告诉中学生什么是违法行为、哪些情况可能导致犯罪，以及怎样避免遭受不法侵害、加强自我保护。立足审判，深化维权，坚持“教育、感化、挽救”的方针，寓教于审，积极参与社会治安综合治理，为预防和减少青少年犯罪，维护青少年合法权益，构建和谐社会做出努力。

六、何某某、卓某某、陆某某聚众斗殴案

（一）基本案情

2012年11月9日20时许，被告人何某某与郑某某（已判决）因琐事发生矛盾，后被告人何某某、陆某某、卓某某纠集刘某某等多人到福州市仓山区盖山镇某技术学院内，与郑某某所纠集的常某富、赵某某、常某孟（均已判决）等人发生斗殴，后刘某某被常某富持匕首刺伤身亡。公安机关于2012年11月20日在福州市第二医院将被告人陆某某抓获归案，同日在福州市仓山区财茂城福建建闽工程技术学校将被告人何某某、卓某某抓获。到案后，三被告人对其违法犯罪事实供认不讳。

（二）裁判结果

福州市仓山区人民法院经审理认为，被告人何某某、陆某某、卓某某纠集多人参与斗殴，其行为已触犯刑法，依法应当以聚众斗殴罪追究刑事责任。公诉机关对被告人何某某、陆某某、卓某某的指控，事实清楚，证据充分，罪名成立。被告人何某某、陆某某、卓某某的辩护人要求对其从轻或减轻处罚的辩护意见予以部分采信。被告人何某某、陆某某、卓某某作案时不满十八周岁，依法应当从轻或减轻处罚。归案后，三个被告人能如实供述自己的罪行，认罪态度较好，依法可以从轻处罚。被告人何某某、陆某某、卓某某是初次犯罪，作案时未满十八周岁，到案后认罪态度较好，确有悔罪表现，且三个被告人均是在校生，具备监护和帮教条件，适用缓刑确实不致再危害社会，更有利于对其教育改造，依法对其宣告缓刑。被告人何某某、陆某某、卓某某所犯的罪行较轻，其犯罪记录将被依法封存。一、被告人何某某犯聚众斗殴罪，判处有期徒刑十一个月，缓刑一年六个月。二、被告人陆某某犯聚众斗殴罪，判处有期徒刑十一个月，缓刑一年六个月。三、被告人卓某某犯聚众斗殴罪，判处有期徒刑十一个月，缓刑一年六个月。四、禁止被告人何某某、陆某某、卓某某在缓刑考验期间进入夜总会、酒吧、迪厅、网吧等娱乐场所。

（三）典型意义

本案是一起因女生之间的矛盾进而双方纠集多人参与斗殴，造成了一方人员死亡严重后果的案件。被告人法律意识淡薄，在遇到矛盾的时候即产生用人多势众、暴力的方式解决问题，被告人何某某因与郑某某之间原系小矛盾，但双方均纠集多人，甚至于纠集社会上的人员在校园内进行斗殴，严重威胁到校园安全，殊不知该行为已经触犯了法律，并可能造成意想不到的严重后果。本院考虑到被告人均系在校生，且并未造成对方人员伤亡，其所在社区同意对其进行帮教，对其适用缓刑确实不致再危害社会，故对其宣告缓刑。本案的依法审理，是对校园暴力起到一定的震慑作用。

七、长汀三名未成年人聚众斗殴致人死亡案

（一）基本案情

2014年12月2日上午，被告人黄某某（15岁）因同班同学林某某与受害人梁某某发生争执，即陪同林某华到教室找梁某某理论，并约定时间地点打架斗殴。

12月5日16时许，被告人黄某某纠集被告人肖某某（15岁）、钟某某（17岁）和温某某骑摩托车依约至长汀五中校门口，欲帮林某某与梁某某打架，因林某某已由其姐姐接回，且正值学校放学之时，双方没有打架，随后由被告人黄某某又与被害人梁某某约好第二天下午二点到长汀三中后操场打架，双方为了打架还互留了QQ号。

12月6日14时许，被害人梁某某依约一人背着内装双截棍的书包前往长汀三中后操场应架，被告人黄某某得知被害人梁某某已经带人到了长汀三中后操场，即纠集被告人肖某某、钟某某及温某某、刘某某、戴某某一起分乘二部助力车赶至长汀三中后操场，并在现场碰到闻讯赶来的郑某、雷某某（均另案处理）。被告人黄某某在现场其他人员的怂恿下率先冲上前用拳头殴打被害人梁某某的头部，随后，被告人肖某某、钟某某及戴某某、郑某、雷某某也上前围殴被害人梁某某致其受伤倒地。其中：被告人肖某某持摩托车大锁击打被害人的头、颈部，被告人钟某某也持摩托车大锁上前，并用脚踢了被害人腿部；其他人用脚踢了被害人的屁股及腿部。打得差不多之后，三被告人一起逃离现场。被害人梁某某被殴打致伤倒在地上，由他人报120救护电话，并经医生现场抢救无效死亡。

被告人在得知被害人死亡的消息后逃至龙岩，后由长汀县公安局民警在龙岩飞剑网吧将被告人肖某某抓获，并在龙岩林海宾馆抓获了被告人黄某某、钟某某和戴某某。

（二）裁判结果

长汀县人民法院审理该案后认为各被告人到案后基本供述了自己的罪行，认罪、悔罪态度良好，并委托家属赔偿被害人家属的经济损失，取得了被害人家属的谅解。基于对未成年犯应以教育、感化为主，惩罚为辅的原则，7月21日，长汀法院作出一审判决，“召集人”黄某某与直接致人死亡的肖某某犯故意伤害罪，分别被判处有期徒刑五年六个月、五年二个月，被告人钟某某犯聚众斗殴罪，判处有期徒刑一年八个月，缓刑二年。

（三）典型意义

校园聚众斗殴是群体性违法犯罪，危害大，涉及面广。长汀法院少年审判庭受理此案后先对被告人进行调查，发现各被告人家长均为文化程度较低的农民或务工人员，平常对子女均疏于教育，导致被告人遵纪守法意识不强，并且被告人黄某某已经被学校劝退。因此，社会各界应对学生的教育、关爱，增强学生的法律意识、法治观念。

八、官某某寻衅滋事案

（一）基本案情

2014年3月21日晚21时许，被告人官某某伙同蔡某某（在校生）等人在县实验中学门口无故用锤子敲打下晚自习回家的实验中学学生林某某，造成其头部受伤，经清流县公安局物证鉴定室鉴定，被害人林某某的伤情为轻伤壹级。另查明，2014年3月份期间，被告人官某某伙同蔡某某（在校生）等人在清流县儿童公园路段、九龙桥头、红绿灯路口、校园门口多次无故殴打在校学未成年学生，先后导致五名在校生受到不同程度的伤害。在共同犯罪中被告人官某某已年满十六周岁，蔡某某等人未满十六周岁，因此被告人官某某被提起公诉。被告人官某某在凤翔街家中被抓获归案，后如实供述自己的罪行。

(二)裁判结果

清流县人民法院经审理认为，被告人官某某无视国家法纪和社会公德，随意殴打他人，致1人轻伤，1人轻微伤，情节恶劣，其行为已构成寻衅滋事罪。被告人官某某多次殴打在校未成年学生，酌情从重处罚；犯罪时已满十六周岁未满十八周岁，依法从轻处罚；到案后能如实供述自己的罪行，是坦白，依法从轻处罚。依照刑法有关规定判决被告人官某某犯寻衅滋事罪，判处有期徒刑一年三个月。宣判后，被告人官某某表示服判，未提出上诉。

（三）典型意义

本案是一起典型的校园暴力案件，校园暴力在破坏校园正常秩序的同时，也使学生的身心健康受到伤害，有的甚至仇视学校和社会，因此校园暴力的危害不容忽视。本案被害人林某某系未成年在校生，其生理和心理发育尚不成熟，面临危险时也缺乏足够的认识和防范能力，因此对本案被告人官某某无故殴打在校未成年学生从重处罚，体现了司法机关对未成年人的特别保护；另一方面，未成年人涉世不深，世界观尚未定型，是人格形成和发展的最关键阶段，也是最容易产生逆反心理的时期。因此，考虑到本案被告人系未成年人，在惩治其犯罪的同时，依法对其从轻处罚，也是我国法律对未成年罪犯宽严相济的体现。我们希望，通过这个案例，广大未成年人能吸取教训，主动学法、守法，提高辨别是非的能力，同时也呼吁学校、家庭、社会和司法，加大对未成年人的保护，从源头预防校园伤害事故的发生。

九、许某某故意伤害案

（一）基本案情

2014年9月23日、24日，被告人许某某（未满15周岁）因走路姿势、发型等遭到同为某中学学生的被害人林某某等人的不满、指责而心生怨恨扬言要殴打林某某。2014年9月24日下午课间，被害人林某某、黄某某、翁某某以及在校生宋某、吴某、陈某某等人将被告人许某某约至该校教学楼厕所，许某某返回宿舍携带一把水果刀赴约。在厕所内，被害人林某某及陈某某等人用手打、用脚踢被告人许某某。随后被告人许某某在遭到围殴的情况下，抽出随身携带的水果刀将被害人黄某某、林某某、翁某某刺伤。经鉴定，被害人黄某某、翁某某的人体损伤程度为重伤二级，林某某的损伤程度属轻微伤。

（二）裁判结果

福建省莆田市荔城区人民法院经审理认为，被告人许某某故意伤害他人身体致二人重伤、一人轻微伤，其行为已构成故意伤害罪。鉴于被告人许某某犯罪时未满十六周岁，归案后能如实供述自己的罪行，且被害人对本案具有过错，应予以减轻处罚。被告人许某某的犯罪行为致附带民事诉讼原告人黄某某、翁某某遭受经济损失，应负赔偿责任。本案中，附带民事诉讼被告人某中学作为管理者未能发现分属不同班级的多名学生在上课期间聚集在厕所滋事，并致许某某持械刺伤黄某某、翁某某，某中学对该伤害后果应承担一定的责任。据此，依照刑法有关规定，以故意伤害罪判处被告人许某某有期徒刑一年六个月，其法定代理人以及某中学按照各自应承担的份额分别赔偿黄某某、翁某某医疗费等各项经济损失共计人民币三十一万余元。

（三）典型意义

本案是一起因同学之间的纠纷而引发的典型校园伤害案件。究其原因，一方面，在学校中，同学间因琐事起争执是非常常见的。未成年人在自控能力薄弱的情况下，铤而走险，不计后果，这是未成年人犯罪的一大特点。在本案审理过程中，法庭调查发现，被告人许某某性格内向，不爱与家长、老师沟通，在受到同学言语挑衅后，一时冲动刺伤同学，最终导致本案的发生。因此，当与同学因琐事发生摩擦后，应当通过双方自行协商或者报告老师、告诉家长等正当途径解决，不能意气用事，甚至动手动刀。另一方面，学校对学生负有教育、管理、保护的职责，学生在校上课期间发生故意伤害事件，学校亦要承担相应的责任。所以说，预防未成年人犯罪，需要全社会的共同努力。

十、刘某某、肖某、王某、杨某犯聚众斗殴案

（一）基本案情

2014年3月的一天，在武平二中就读的吴某某（另案处理）与隔壁班的同学钟某某（另案处理）因为一女同学争风吃醋，发生纠纷，双方约定于3月21日下午到武平县城树子坝公园打架斗殴。后吴某某打电话让张某某（另案处理）叫人并带上工具帮忙打架。同月21日下午，张某某便邀集被告人帮忙打架，并请被告等人在二中附近饭店吃饭喝酒。接到电话的四被告人来到树子坝公园靠近水闸桥边的空地上等候。十分钟后，吴某某来到树子坝公园。当日下午5时许，吴某某看见钟某某带人从水闸桥边走过来后，吴某某持镀锌管立即冲上前去殴打钟某某，钟某某见状立即跑开。随后，张某某持棒球棍和被告人刘某某等人追赶钟某某，在不远处的被告人王某看到钟某某往他方向跑来，便跑过去将其拦下并撞倒在地。被告人肖某、刘某某等人上前用镀锌管殴打钟某某，致其T2、3左横突骨折。经龙岩市公安局刑事科学技术研究所鉴定，钟某某的伤情属轻伤二级。2014年5月7日、9日、13日、19日，四被告人刘某某、肖某、王某、杨某先后到武平县公安局平川派出所投案。

（二）裁判结果

武平县人民法院经审理认为，四被告人受他人邀集后，持械积极参与斗殴，致一人轻伤，四被告人的行为均构成聚众斗殴罪。四被告人聚众斗殴致一人轻伤，应对四被告人酌情从重处罚。四被告人犯罪时均不满十八周岁、均能主动投案，并如实供述自己的罪行，具有自首情节，对四被告人依法减轻处罚，可对四被告人依法宣告缓刑。依照《中华人民共和国刑法》有关规定，以聚众斗殴罪，判处四被告人有期徒刑一年八个月，缓刑二年六个月。宣判后，四被告人均表示服从判决，不上诉，会积极地接受社区矫正，争做一名守法的好公民。

（三）典型意义

本案是一起不谙世事的同窗学子因小事，为面子，逞强好胜，相互约定并纠集他人在城区公园持械聚众斗殴的案件。纠集的人员涉及城区好几所中学的未成年学生，未成年学生爱面子、讲义气、讲情面，平时不注重法律知识的学习，不三思而后行。在酒足饭饱后，对纠集者言听计从，不问事件缘由，在他人邀集下伙同他人持械斗殴，触犯刑律。实践中，屡屡发生的聚众斗殴或寻衅滋事的案件，一些已成年的触犯刑律被处罚者也会因讲江湖义气等而一同走上法庭的被告席被追究刑责，不乏其者。法院综合考虑四被告人的犯罪事实、犯罪性质、犯罪情节以及社会危害后果，结合四被告人系未成年学生的特点，秉着“教育为主、惩罚为辅”，采取宽严相济的刑事政策，对四被告人判处缓刑，给予四被告人继续学习深造的机会，符合罪责刑相一致，做到法律效果和社会效果相统一。

十一、黄凯文、魏某某抢劫案

（一）基本案情

2010年5月，被告人黄凯文、魏某某伙同张凯（另案处理）经共谋后，爬墙进入福建省顺昌中等职业学校，由被告人魏某某到学校电子阅览室内，先后将该校数名学生骗至学校食堂后面，被告人黄凯文、张凯采用语言威胁、搜身等方法，抢走郑某人民币10元、胡某人民币120元，其余学生因身上没有钱而未搜到财物。后赃款被三人共同挥霍。

（二）裁判结果

顺昌县人民法院经审理后以为，被告人黄凯文、魏某某以非法占有为目的，采用胁迫等方法抢劫他人财物，其行为均已构成抢劫罪。被告人黄凯文、魏某某抢劫未成年人，酌情予以从重处罚。被告人魏某某作案时未满十八周岁，且当庭自愿认罪，积极退出赃款，有悔罪表现，依法予以减轻处罚。被告人黄凯文当庭自愿认罪，有悔罪表现，酌情予以从轻处罚。依据刑法有关规定，判处被告人黄凯文犯抢劫罪，判处有期徒刑三年，并处罚金三千元；判处被告人魏某某犯抢劫罪，判处有期徒刑一年二个月，并处罚金三千元，退出的赃款人民币130元返还给各被害人。

（三）典型意义

抢劫罪是严重危害社会治安的暴力性犯罪，社会危害性大，其中，校园抢劫案不仅使学生的合法权益遭受损害，也给学生们的心理造成一定程度的恐慌，扰乱校园正常教学秩序。本案中两名被告人犯案时均不满18周岁，均是农村家庭出生，父母文化程度不高，忽略对子女的家庭教育；被告人自身法律意识不强，致使其最终走上犯罪道路。

十二、杨某某故意伤害案

（一）基本案情

周敏（已判刑）与被害人陈某某（未成年）因争抢女友一事产生矛盾，2013年1月17日9时许，周敏得知陈某某在南平市农业学校时，便纠集被告人杨某某（未成年）等人一同前往学校殴打陈某某，在学校后门斜坡处遇上陈某某时，周敏先冲过去用砖头往陈某某头部砸了一下，杨某某随后用随身携带的匕首将陈继民背部划伤，在陈某某跑至学校攀登桥处时，周敏又冲过去打陈继民，杨某某亦拿起砖块往陈继民头部砸了一下。经福建武夷司法鉴定所鉴定，陈继民因外伤致左顶骨凹陷性骨折、左背部一长11.5cm创口，均构成轻伤。

2013年4月9日，被告人杨某某主动到公安机关投案，并如实供述自己的犯罪事实，公安机关对其采取取保候审的强制措施，同年4月27日杨某某殴打他人致轻微伤偏重，5月13日被公安机关处以行政拘留6日并处罚款200元的行政处罚，5月22日经南平市建阳区检察院批准被逮捕。同案人周敏归案后先行赔偿了被害人陈某某全部经济损失共计人民币10000元，在本案审理期间，经本院主持调解，被告人杨某某又赔偿被害人陈某某继续治疗费损失共计1000元，取得了被害人谅解。

（二）裁判结果

南平市建阳区人民法院经审理认为，被告人杨某某故意伤害他人身体，致一人轻伤，其行为已构成故意伤害罪。依照刑法有关规定，以故意伤害罪判处被告人杨某某拘役五个月。被告人杨某某对判决结果无异议，表示不上诉。

（三）典型意义

本案事发校园，被告人及被害人均为未成年人，其中被害人系在校生。被告人受他人蛊惑，盲目讲朋友义气，持凶器在校园内伤害未成年学生，可酌情从重处罚。虽具有多项法定以及酌定从轻的情节，但被告人杨某某曾因携带管制刀具被处罚，在本案中亦使用匕首伤害他人，其性格冲动，做事欠考虑，且在取保候审期间，又因小事而殴打他人致轻微伤偏重，其父母作为监护人未能尽到监管和教育的职责，其本人具有一定的人身危险性，因此被告人杨某某不具备适用缓刑的条件。本案审理过程中，心理咨询师通过心理测评得出的结论亦为：被告人杨某某心理年龄尚小，容易沉浸在自我世界中，自我约束能力弱，有一定的社会危险性。故本案适用实刑更有利于教育、感化和挽救失足未成年人。

十三、林某某、楼某某强制污辱妇女案

（一）基本案情

2013年4月10日17时许，被告人林某某认为其被陈某某辱骂，纠集楼某某、黄某某（均为未成年女性），到光泽县某中学找该校学生陈某某（女，未成年）欲行报复，因陈某某警觉躲藏，林某某等人寻找未果。当日20时许，林某某通过他人将陈某某约出并带到光泽县某超市后面的巷子里，林某某与楼某某先后对被害人实施摔耳光、拉扯头发等殴打行为，致使被害人鼻子流血，此后，林某某叫被害人“把衣服脱光”，陈某某因害怕哭泣而不敢反抗，遂将衣裤脱光，林某红、与楼某某及在场的另二名女学生对被害人围观取笑。其间楼某某使用手机对陈某某的裸体拍摄了十余张照片，尔后将照片通过手机蓝牙传送给在场人员。当晚被害人陈某某即向公安机关报警并到医院就医，法医鉴定，陈某某的鼻部及面部的损伤为钝物伤，伤情为轻微伤。被告人楼某某与林某某等人得知被害人报警后，将手机中被害人的裸照删除。

（二）裁判结果

法院经审理认为，被告人楼某某、林某某无视国家法律，伙同他人聚众以暴力方法强制侮辱妇女，其行为已构成强制侮辱妇女罪。本院综合考虑被告人林某某、楼某某系初犯，作案时均不满十八周岁，主动归案并如实供述犯罪事实，案发后积极赔偿并取得对方谅解，以及案发时在场人员均为女性，被害人裸照被删除，未造成其他恶劣影响等情节，结合司法局建议对被告人适用社区矫正的调查评估意见，决定依法对被告人减轻处罚并适用缓刑。以强制污辱妇女罪判处林某某有期徒刑二年，缓刑二年;判处楼某某有期徒刑一年，缓刑一年。

（三）典型意义

这起案件的被告人与被害人均是花季少女，事件的发生令人震惊与痛心。审理中我们了解到，被告人楼某某与林某某的父母均离异，二人自幼均缺少监护人的有效监管，祖父母对其过于溺爱，管教乏力，其处在青春期缺乏正确的引导，思维叛逆，行事任性，法制观念淡薄，因而走上犯罪道路。而被害人陈某某亦缺乏自我保护意识，明知林某某等人案发当日下午已到学校欲对其报复，当晚亦轻率应约外出，身处险境后亦不懂呼救、逃跑。本案再次提醒我们，为人父母者应当提高责任意识，不仅应当保障孩子的物质需要，亦应当重视孩子的心理成长，加强人生观的正确引导，切实履行好监护责任。学校亦应当加强安全教育，尤其女学生应当懂得自尊自爱与尊重他人，提高自我保护意识。

十四、陈某故意伤害案

（一）基本案情

2015年1月20日23时许，被告人陈某（时年16周岁）在其宿舍楼的409寝室，因琐事被李某某等人殴打。后，被告人陈某为报复，从其403寝室拿出一把水果刀到409寝室外持刀将李某某逼退至412寝室内后将李鑫森的脖子划伤。经鉴定，被害人受伤致气管破裂、食管全层破裂，并经手术修补，评定为重伤二级；同时致纵膈气肿（自行吸收），评定为轻伤一级；颈前部皮肤创口疤痕7.3cm、甲状腺挫裂伤、右侧胸腔少量积气，评定为轻伤二级，综合评定为重伤二级。被告人陈某受轻微伤。2015年3月27日，被告人自动向公安机关投案，并如实供述了上述犯罪事实。在本案审理期间，被告人的家属已赔偿被害人经济损失人民币100000元，并取得被害人谅解。

（二）裁判结果

厦门市集美区人民法院经审理认为，陈某持械故意伤害他人身体，致一人重伤，其行为已构成故意伤害罪。公诉机关指控的罪名成立。陈某犯罪时已满十六周岁不满十八周岁，系未成年人犯罪；其犯罪后自动投案，并如实供述自己的罪行，系自首；其已赔偿被害人经济损失，并取得谅解；被害人在本案中有过错；综合以上情节，对陈某依法可以减轻处罚，对其适用缓刑不致于再危害社会，可适用缓刑。公诉机关的量刑建议适当，予以采纳。辩护人的辩护意见理由充分，予以采纳。据此，依照刑法等有关规定，判处陈某有期徒刑一年三个月，缓刑二年。宣判后，被告人没有提出上诉，目前该案件已生效。

（三）典型意义

本案是一起因琐事发生纠纷而引发的连环校园暴力案例，由一个“轻”暴力导致了本案的暴力犯罪行为。本案的犯罪行为属于典型的校园暴力行为，由于被告人和被害人均系同校同学，法律意识淡薄，又处于青春期年轻气盛阶段，不可避免的会因为琐事发生纠纷而导致打架事件，进而演变为刑事犯罪案件。本案中，鉴于被害人对于犯罪后果的产生存在过错，同时陈某在案发后认罪态度良好，第一时间报警，联系年级老师，将被害人送至医院救治，主观恶性较小，并非蓄意伤害，且在案件审理期间，陈某家属能够积极赔偿被害人的经济损失，取得了被害人的谅解，故对陈某判处缓刑，给予其一个重新回归社会的机会，并希望能够以此给予在校学生一个警示教育，让同学们懂得如何妥善处理矛盾纠纷，如何相互尊重。

十五、卓某某故意伤害案

（一）基本案情

2011年11月25日下午，被告人卓某某（男，时年14岁）在沙县某中学教室上课时，因课桌间距问题与被害人王某某（男，时年14岁）发生口角，并受到被害人的威胁。被告人因害怕被王某某殴打，次日去学校上课时从家中携带一把水果刀藏在衣服口袋。当日8时50分许下课期间，被害人在教室从被告人身后拍被告人的头，二人遂发生打斗。打斗过程中，被告人随手掏出水果刀将被害人刺伤。经沙县公安局法医鉴定，被害人的伤情为重伤。被告人案发后在校保卫处等候公安机关处理，到案后如实供述了自己的犯罪事实。案发后，被告人主动赔偿给被害人人民币71 500元，并取得被害人谅解。

（二）裁判结果

沙县法院经审理认为，被告人故意非法损害他人身体健康，造成一人重伤的后果，构成故意伤害罪。由于被告人犯罪时未满十六周岁，有自首情节，案发后，主动赔偿被害人的经济损失，并取得被害人谅解。据此，依照刑法有关规定，以故意伤害罪判处被告人有期徒刑一年六个月，缓刑三年。

（三）典型意义

本案是一起校园内因同学纠纷而引发暴力侵害的典型案例。根据法庭审前社会调查了解，被告人平时表现良好，但性格内向，与同学缺乏交流。案发时，因课桌间距的琐事和与同班同学产生纠纷，被害人用言语对被告人进行威胁恐吓，被告人因害怕被殴打而携带水果刀上课，最终酿成严重后果。此类案件反映了，部分未成年人心智未成熟，行事冲动，不能采用合理的方式化解人与人之间的矛盾纠纷。家庭、学校和社会应当注重未成年人的身心健康，注意提高他们的沟通相处能力，避免此类案件再次发生。

十六、黄某某、李某某、黄某某、张某某故意伤害案

（一）基本案情

2012年3月28日21时许，被告人黄某某、李某某、黄某某、张某某因对被害人邓某某等人在其就读的中学内喝酒并收其酒钱心生不满，被告人黄某某、李某某提出要教训对方，之后由黄某某、李某某吩咐几个低年级的学生找来三根铁棍，四被告人在该校操场边的小路，采用铁棍敲和用脚踢的方式对被害人邓某某等人实施殴打。经永安市公安局法医鉴定，被害人邓某某的损伤为重伤，被害人魏某某的损伤为轻微伤叁级。2012年6月15日，被告人黄某某、张某某接到永安市公安局电话通知后主动到公安机关接受调查；2012年7月5日，被告人李某某被永安市公安局抓获归案；2012年8月14日，被告人黄某某主动到永安市公安局投案。

另查明，四被告人赔偿受害人邓某某经济损失合计88814元，赔偿受害人魏荣增经济损失合计22460元。

（二）裁判结果

永安市人民法院经审理认为，四被告人以故意非法损害他人身体健康为目的，将他人打致重伤或轻微伤叁级，其行为已构成故意伤害罪。四被告人的行为，属共同犯罪，应根据其犯罪情节和作用大小依法分别予以处罚。案发后，四被告人均能如实交待自己的犯罪事实并当庭自愿认罪，其中三被告人还主动投案自首，应当从轻或减轻处罚。同时，四被告人均积极赔偿受害人的经济损失，并取得受害人的谅解，认罪态度均较好，悔罪程度较深，可从轻处罚。依照刑法等有关规定，以故意伤害罪分别判处四被告人有期徒刑三年至一年十一月，缓刑五年至三年。

（三）典型意义

本案是一起即将毕业的初三学生在校园内持械殴打伤害他人的刑事案件。四被告人对闯入校园喝酒并滋事的校外人未能理智对待，及时报告老师或校保卫科，而是在与其发生口角后产生报复他人的心理，加上自身控制力弱，冲动，辨别是非能力又差，从而酿成悲剧的发生，既造成他人身体的伤害，也将自己送入监牢。在法庭帮教下，四被告人认识到平时不注重学法，法制意识淡薄的严重后果，并表示要真诚悔改。为了给四被告人一次悔改的机会，不影响其继续升学和日后就业，法庭均判处缓刑。然而经此一事已严重影响到其学业的完成，最终四被告人均未考上高中，告别了多姿多彩的学生时代，人生轨迹也就此改变。因此，加大在校生法制宣传力度，提高其法律意识和自我保护能力，不单单是学校、家庭的责任，也是全社会的责任。希望此类的校园悲剧不要再发生。

On September 18, 2015, the Supreme People's Court held a press conference, and Duan Siming, a member of the Party Group and full-time member of the Judicial Committee of the Fujian Higher People's Court, released typical criminal cases that occurred on campus in Fujian Province.

Typical Criminal Cases Occurred on Campus (Fujian)

catalogue

1. Lu's intentional injury case

2. Zhang's intentional injury case

3. Case of intentional injury by Liu and Jiang

4. Yang gathered a crowd to engage in a brawl case

5. Hamou intentional injury case

6. He, Zhuo, and Lu gathered together to engage in a brawl case

7. Case of three minors gathering in Changting to fight and cause death

8. A case of official provoking and causing trouble

9. Xu's intentional injury case

10. Liu, Xiao, Wang, and Yang commit a group brawl case

11. Robbery case by Huang Kaiwen and Wei Moumou

12. Yang's intentional injury case

13. Case of Lin and Lou Forcibly insulting women

14. Chen's intentional injury case

15. Zhuo's intentional injury case

16. Case of intentional injury by Huang, Li, Huang, and Zhang

1、 Defendant Lu's Intentional Injury Case

（1） Basic facts of the case

At around 16:00 on November 5, 2012, the defendant Lu went to a high school in Nanjing County to find a friend. On the fourth floor of the high school, he saw Lin. Due to Lin's previous dispute with him, the defendant Lu summoned Lin to the men's restroom for questioning and started beating him. Lin also beat Lu with his hand, causing a fight between both parties, and both parties were injured. According to the forensic appraisal of the Nanjing County Public Security Bureau, the degree of injury of the victim Lin is considered minor; The defendant Lu's injury belongs to minor injuries.

（2） Judgment results

The defendant Lu intentionally injured another person's body, causing minor injury to one person. His behavior has constituted the crime of intentional injury, and he should be held criminally responsible in accordance with the law. The defendant Lu was under the age of 18 at the time of the crime and should be given a mitigated punishment in accordance with the law; After the defendant commits a crime, he/she voluntarily surrenders to the public security organs, which can result in a lighter or mitigated punishment in accordance with the law; After the defendant is brought to justice, he actively compensates the victim for their economic losses, obtains the victim's understanding, and is given a lighter punishment according to law. According to the relevant provisions of the Criminal Law, the defendant Lu is exempt from criminal punishment for committing the crime of intentional injury. After the judgment was pronounced, there was no appeal or protest, and the judgment has become legally effective.

（3） Typical significance

This case is a case where a minor defendant assaults a minor victim. The defendant and the victim both attended junior high school in a school in Zhangzhou. During their time at school, Lin had helped someone who had a dispute with the defendant Lu. Due to the defendant Lu's lack of attention to his moral literacy and weak legal awareness, he was unable to calmly handle small matters that occurred between his classmates, but instead calculated every detail, leading to a crime. From this case, it can be found that legal education for minors is a long-term and unremitting project. It is necessary to always guide minors to study seriously, abide by laws and regulations, live in harmony with others, cherish their learning time, and be good citizens who abide by laws and regulations.

2、 Zhang's intentional injury case

（1） Basic facts of the case

At around 21:00 on the evening of December 15, 2014, the defendant Zhang (a freshman student from a middle school in Minqing) had an argument with a girl from the same school, Chen, in the boiling water room on the 6th floor of the girls' dormitory. Afterwards, the defendant punched Chen in the right face, causing injuries to his right eye and nose. After identification, the victim Chen suffered a fracture of the right nasal bone and the right maxillary frontal process due to trauma, which is classified as a minor injury of level 2. On January 13, 2015, the defendant, accompanied by his mother, voluntarily went to the police station for questioning and truthfully confessed the facts of the crime.

In the litigation process of this case, the victim Chen filed an incidental civil lawsuit. On May 13, 2015, the court presided over the mediation, and both parties reached a mediation agreement. The defendant (legal representative of the defendant) in the incidental civil lawsuit will compensate the victim with a one-time compensation of 50000 RMB for all losses, and the compensation has been fulfilled. The victim and its legal representative have issued a letter of understanding, expressing their willingness to understand the defendant, I hope the court can reduce his lenient punishment and impose a suspended sentence until he is exempted from criminal punishment.

（2） Judgment results

The defendant Zhang intentionally injured another person's body, causing minor injury to one person, and his behavior has constituted the crime of intentional injury. The charges charged by the prosecution are established. The defendant was under the age of eighteen at the time of the crime; Automatically surrendering after committing a crime and being able to truthfully confess one's criminal behavior is considered voluntary surrender; This case was triggered by the intensification of civil conflicts, and the victim bears a certain responsibility for the intensification of conflicts between the two parties; The defendant and its legal representative have reached a mediation agreement with the victim and have paid the full compensation, obtaining the understanding of the victim and their relatives. In summary, considering that the defendant's criminal circumstances are relatively minor, has good repentance performance, and the degree of social harm is minor, there is no need to impose punishment, and he is exempt from criminal punishment in accordance with the law.

（3） Typical significance

Impulsive and aggressive incidents among campus students have been common in the news in recent years. For example, the defendant Zhang in this case is very typical. The defendant Zhang grew up in a complete and harmonious family, with an outgoing personality and good performance in school, pursuing progress. He served as a class cadre and received awards such as "Star of Cultural and Sports Activities", "Star of Learning Progress", and "Star of Love for Reading" during his school years; Having sports expertise, he ranked sixth in shot put and fifth in javelin at the County Athletics Games in 2011, third in shot put at the County Athletics Games in 2012, and fourth in shot put and fifth in javelin at the 50th Municipal Primary and Secondary School Student Games in 2013. The people Zhang interacts with on a daily basis are all classmates and have not engaged in social misconduct, addiction to the internet, or other negative behaviors. He stays in school on a daily basis and has strong independent living abilities. However, due to his strong personality and youthful vigor, he was unable to control his emotions rationally when being stimulated by the victim's words due to trivial matters. He punched the other person and caused minor injuries, which constitutes the crime of intentional injury. After being educated by the court, the defendant deeply regrets his actions and has a good attitude of repentance. His relatives also expressed that they will strictly discipline him in the future and promote him to reform.

3、 Case of intentional injury by Liu and Jiang

（1） Basic facts of the case

At around 7:00 am and 8:00 am on June 22, 2011, the defendants Liu and Jiang believed that Qin from a middle school in Minhou County had had an online argument with the defendant Jiang, so they entered Qin's classroom and assaulted him before leaving. At around 10:30, the two defendants entered the classroom again and assaulted Qin on the head and other parts. About three minutes later, the two defendants entered the classroom for the third time and kicked Qin in the abdomen and other areas with their feet. According to forensic identification by the Minhou County Public Security Bureau, the injury suffered by Qin was caused by external force, resulting in a rupture of the spleen, which is classified as a serious injury and is rated as level six disability. On August 29, 2011, the parents of the defendants Liu and Jiang jointly compensated the victim with a loss of RMB 117720. On September 5, 2011, the defendant submitted his case to the Xiangqian Police Station of Minhou County Public Security Bureau.

（2） Judgment results

After trial, the People's Court of Minhou County, Fujian Province found that the defendants Liu and Jiang intentionally assaulted someone with the purpose of harming their physical health, causing one person to be seriously injured. They were assessed as level six disabled, and their behavior constituted the crime of intentional injury. The charges charged by the public prosecution organs were established, and the court supported them. The designated defense counsel proposes that the defendants Liu and Jiang can voluntarily surrender and truthfully confess their crimes, which is considered voluntary surrender and may result in a lighter or mitigated punishment. If the defendants are under the age of sixteen at the time of the crime, they should be given a lighter or mitigated punishment. The family members of the two defendants have compensated the victim for their losses and may be given a lighter punishment as appropriate. The defense counsel will be adopted. Based on the criminal facts, circumstances, and social harmfulness of the two defendants in this case, they will be given mitigated punishment in accordance with the law. I hope that the defendant should learn from their mistakes and establish a correct worldview, outlook on life, and values. According to the relevant provisions of the Criminal Law, the defendant Liu was sentenced to two years and six months in prison with a three-year suspension for the crime of intentional injury, while the defendant Jiang was sentenced to two years and six months in prison with a three-year suspension.

（3） Typical significance

This is a student violence incident that occurred on campus. In terms of the cause of the case, the defendant Jiang mistakenly believed that the victim was someone who cursed him online. Without asking the truth, he impulsively called his classmates to rush to the victim's class to beat the victim, lacking calm thinking and rational treatment, which was the direct cause of the case. In addition, the two defendants rushed into the class three times, but the school failed to stop them in a timely manner, which was also one of the reasons for the serious injury consequences of the victim in this case. After the incident, the two defendants have compensated the victims for their economic losses and reached an understanding. The two defendants also expressed sincere remorse. Considering that both defendants are students in the third grade of junior high school and are under the same age of sixteen, the people's court, based on the principle of "education first, punishment second" and the policy of "education, probation, and rescue", has given the two defendants a mitigated punishment and applied probation in accordance with the law, which is conducive to their healthy growth. The cultivation of children's habits and personalities plays a crucial role in family and school education. Therefore, families and schools should regularly educate students to be calm and restrained when conflicts arise, learn to tolerate, "take a step back from the vast sea and sky," and never be impulsive in emotions.

4、 Yang Mou Gathered a Crowd to Fight Case

（1） Basic facts of the case

On the noon of January 11, 2014, middle school student Lin told his classmate Chen about the process of being bullied by dropout classmates such as Shao on the way to tutoring. At around 20:00 that evening, Chen summoned the defendants Yang, Zhang, and others who had dropped out of school to argue with each other and assaulted a man from the other party in the alley below the internet cafe next to Yonghui Supermarket. Subsequently, the man who was called called called to summon personnel, and the defendant Yang also called to summon personnel. The man who was called called called the defendant Yang and others to go to the lower floor of Di Le Xing KTV on Mawei Pedestrian Street. After answering the phone, the defendant Yang and others returned to their residence to pick up tools such as steel pipes and machetes, and took four scooters to the lower floor of Di Le Xing KTV on the pedestrian street in Mawei District. When they saw two groups of people downstairs, they chased after them. The defendant Yang, holding a steel pipe, and his accomplices beat and injured a student Yang in the parking lot of Jinhai Building on Mawei Pedestrian Street. Zhang and others beat and injured the victim Zhang near KFC on Mawei Pedestrian Street. According to the identification of the Criminal Science and Technology Research Institute of Fuzhou Public Security Bureau, the victim Yang's injury belongs to the first level of minor injury, while the victim Zhang's injury belongs to the second level of minor injury.

（2） Judgment results

After trial, the People's Court of Mawei District, Fuzhou City found that the defendant Yang and his accomplices engaged in armed gatherings and brawls in a public place, resulting in minor injuries to both of them. Their behavior constitutes the crime of gathering and brawling. In terms of sentencing, firstly, the defendant Yang was under the age of 18 at the time of the crime and should be given a mitigated punishment. The second is that the defendant voluntarily pleads guilty in court, with a sincere attitude of repentance, and may be given a lighter punishment as appropriate. Thirdly, after the defendant's case was committed, their family members actively negotiated to compensate the victim for some of their economic losses, obtained the victim's understanding, and given a lighter punishment as appropriate. Based on this, in accordance with relevant provisions of the Criminal Law, Yang was sentenced to two years and five months in prison for the crime of gathering people to engage in affray.

（3） Typical significance

People have a collective nature, those who approach red are red, and those who approach ink are black. Middle school students like to form small groups with classmates with similar personalities to study, engage in activities, and play together. However, due to their unstable personality, they are easily influenced by the thoughts and behaviors of other members. For example, in this case, one person was involved in a fight and attracted other present companions. Middle school students have immature thinking, poor recognition ability, and weak self-protection ability. They should always be vigilant and cautious in making friends, especially when interacting with classmates who have dropped out of school or social personnel with tattoos, smoking, and alcohol abuse. They should try to minimize activities outside at night, especially avoid activities in areas such as bars, KTVs, internet cafes, barbecue stalls, stalls, secluded parks, and dimly lit streets. Parents should strengthen the control of their children's spare time, effectively monitor their behavior and whereabouts, and timely care for their children's thoughts and emotions.

5、 Hamoumou intentional injury case

（1） Basic facts of the case

At around 13:00 on September 14, 2012, the defendant Ha had a physical conflict with his classmate Chen in Class 4, Grade 9, a middle school in Fuzhou due to a dispute. During the conflict, Ha picked up a wooden stool from the classroom and smashed it into Chen's head, causing the victim Chen to have a depressed skull fracture. After identification, Chen's injury is considered serious. After the incident, the father of the defendant, Ha, has compensated the victim with a total of 81000 yuan in medical expenses, and the school has also compensated for 44000 yuan in medical expenses. Chen and his family have expressed understanding for Ha's harmful behavior.

（2） Judgment results

After trial, the juvenile court of Jin'an District Court in Fuzhou City found that the defendant intentionally injured another person's body through violent means, causing one person to be seriously injured, and his behavior has constituted the crime of intentional injury. The defendant was under the age of sixteen at the time of the crime, voluntarily pleaded guilty during the court trial, and had voluntarily surrendered. His family members actively compensated for the victim's economic losses and obtained the victim's understanding. Moreover, the Jin'an District Judicial Bureau of Fuzhou City made an evaluation opinion on the defendant that was in line with community correction and met the conditions for probation and education. The defendant was given a mitigated punishment and probation was applied in accordance with the law. According to the criminal circumstances and repentance of the defendant, in accordance with the provisions of Article 234, Paragraph 2, Article 17, Paragraph 2, Paragraph 3, Article 67, Paragraph 1, Article 72, Article 73, Paragraph 2, and Article 76 of the Criminal Law of the People's Republic of China, the defendant Ha was sentenced to ten months' imprisonment and one year's probation for intentional injury.

（3） Typical significance

In order to ensure the physical and mental health of minors, cultivate their good conduct, and further prevent juvenile delinquency, in line with the policy of education and protection, effectively curb juvenile delinquency. Through vivid and real cases, we tell middle school students what illegal behavior is, what situations may lead to crime, and how to avoid illegal infringement and strengthen self-protection. Based on trial, deepening rights protection, adhering to the policy of "education, persuasion, and rescue", integrating education into trial, actively participating in the comprehensive management of social security, and making efforts to prevent and reduce juvenile delinquency, safeguard the legitimate rights and interests of adolescents, and build a harmonious society.

6、 He, Zhuo, and Lu gathered together to engage in a brawl case

（1） Basic facts of the case

At around 20:00 on November 9, 2012, the defendant He and Zheng (who had already been sentenced) had a conflict over trivial matters. Later, the defendants He, Lu, and Zhuo gathered Liu and other people to a technical college in Gaishan Town, Cangshan District, Fuzhou City. They engaged in a brawl with Chang, Zhao, Chang, Meng (who had all been sentenced) and others gathered by Zheng. Liu was later stabbed and killed by Chang with a dagger. On November 20, 2012, the public security organs arrested the defendant Lu Moumou at the Second Hospital of Fuzhou City, and on the same day, they arrested the defendants He Moumou and Zhuo Moumou at the Fujian Jianmin Engineering and Technical School in Caimao City, Cangshan District, Fuzhou City. After arriving at the case, the three defendants confessed their illegal and criminal facts without hesitation.

（2） Judgment results

After trial, the People's Court of Cangshan District, Fuzhou City found that the defendants He, Lu, and Zhuo, who gathered multiple people to participate in the brawl, had violated the Criminal Law and should be held criminally responsible for the crime of gathering people to engage in brawl in accordance with the law. The prosecution's charges against the defendants He, Lu, and Zhuo are clear in facts, sufficient in evidence, and convicted. The defense opinions of defendants He, Lu, and Zhuo requesting partial acceptance of their lenient or mitigated punishment. The defendants He, Lu, and Zhuo were under the age of 18 when they committed the crime, and should be given a lighter or mitigated punishment according to law. After being brought to justice, the three defendants were able to truthfully confess their crimes and had a good attitude of confession, and could be given a lighter punishment according to law. The defendants He, Lu, and Zhuo committed the crime for the first time and were under the age of 18 at the time of the crime. After arriving at the case, they had a good attitude of confession and indeed showed repentance. Moreover, all three defendants were students at school and had the conditions for guardianship and assistance. The application of probation would no longer harm society and would be more conducive to their education and reform. They were declared suspended in accordance with the law. The defendants He, Lu, and Zhuo committed minor crimes, and their criminal records will be sealed in accordance with the law. 1、 The defendant, He, committed the crime of gathering people to engage in brawl and was sentenced to 11 months in prison with a one-year and six-month probation. 2、 The defendant, Lu, committed the crime of gathering people to engage in brawl and was sentenced to 11 months in prison, with a probation of one year and six months. 3、 The defendant, Zhuo, committed the crime of gathering people to engage in brawl and was sentenced to 11 months in prison with a one-year and six-month probation. 4、 Defendants He, Lu, and Zhuo are prohibited from entering entertainment venues such as nightclubs, bars, discos, and internet cafes during the probation period.

（3） Typical significance

This case is a serious consequence of the death of one party due to a conflict between girls and the gathering of multiple people from both sides to participate in a brawl. The defendant's legal awareness is weak, and when encountering conflicts, they immediately resort to overpowering and violent methods to solve problems. The defendant, He, had a minor conflict with Zheng, but both parties gathered multiple people, even members of society, to engage in brawls on campus, posing a serious threat to campus safety. Little did they know that this behavior had violated the law and could have unexpected serious consequences. This court considers that the defendants are all students on campus and have not caused any casualties to the other party. Their community agrees to provide assistance and education to them, and the application of probation will no longer harm society. Therefore, they are declared suspended. The legal trial of this case has a certain deterrent effect on campus violence.

7、 Case of Three Minors Gathering in Changting to Fight and Cause Death

（1） Basic facts of the case

On the morning of December 2, 2014, the defendant Huang (15 years old) accompanied Lin Mouhua to the classroom to find Liang Moumou to argue and agreed on a time and place for a fight due to a dispute between his classmate Lin Moumou and the victim Liang Moumou.

At around 16:00 on December 5th, the defendant Huang gathered the defendants Xiao (15 years old), Zhong (17 years old), and Wen to ride a motorcycle to the entrance of Changting No. 5 Middle School, intending to help Lin and Liang fight. As Lin had already been picked up by his sister and it was just after school was over, there was no fighting between the two parties. Subsequently, the defendant Huang and the victim Liang arranged to fight at the playground behind Changting No. 3 Middle School at 2:00 pm the next day, Both sides also left QQ numbers for each other in order to fight.

At around 14:00 on December 6th, the victim Liang carried a backpack with a double stick inside to the back playground of Changting Third Middle School as agreed. The defendant Huang learned that the victim Liang had already brought someone to the back playground of Changting Third Middle School, and gathered the defendants Xiao, Zhong, Wen, Liu, and Dai to take two scooters to the back playground of Changting Third Middle School. At the scene, he met Zheng who had rushed to the scene upon hearing the news Lei (all handled separately). Under the instigation of other personnel on site, the defendant Huang rushed forward and punched the victim Liang on the head. Subsequently, the defendants Xiao, Zhong, Dai, Zheng, and Lei also approached and surrounded the victim Liang, causing him to be injured and fall to the ground. Among them, the defendant Xiao hit the victim's head and neck with a motorcycle lock, while the defendant Zhong also held the motorcycle lock and kicked the victim's leg; Others kicked the victim's buttocks and legs with their feet. After the fight was almost over, the three defendants fled the scene together. The victim, Liang, was beaten and fell to the ground. A 120 ambulance call was called by someone else and the doctor's on-site rescue was unsuccessful, resulting in his death.

After learning of the victim's death, the defendant fled to Longyan. Later, the police of Changting County Public Security Bureau arrested the defendant Xiao at the Longyan Feijian Internet cafe, and arrested the defendants Huang, Zhong, and Dai at the Longyan Linhai Hotel.

（2） Judgment results

After hearing the case, the People's Court of Changting County believed that the defendants had basically confessed their crimes upon their arrival, and had a good attitude of confession and repentance. They entrusted their families to compensate for the economic losses suffered by the victims' families, and obtained their understanding. Based on the principle that education and probation should be given priority to juvenile offenders, and punishment should be supplemented, on July 21, the Changting Court made a first instance judgment. Huang, the convener, and Xiao, who directly caused death, were sentenced to five years and six months in prison and five years and two months in prison, respectively. Zhong, the defendant, was sentenced to one year and eight months in prison and two years in probation for the crime of gathering and fighting.

（3） Typical significance

Campus brawling is a group crime that is highly harmful and involves a wide range of aspects. After accepting this case, the Juvenile Trial Division of Changting Court conducted an investigation on the defendants and found that the parents of each defendant were farmers or migrant workers with lower education levels. They often neglected to educate their children, resulting in the defendant's weak awareness of discipline and law. Additionally, the defendant, Huang, has been persuaded to leave by the school. Therefore, all sectors of society should provide education and care to students, and enhance their legal awareness and concept of the rule of law.

8、 A case of official provoking and causing trouble

（1） Basic facts of the case

On the evening of March 21, 2014, at around 21:00, the defendant Guan, along with Cai (a student) and others, used a hammer without reason to strike Lin, a student of the experimental high school who returned home from self-study at the entrance of the county experimental high school, causing his head injury. After being identified by the Physical Evidence Appraisal Office of the Qingliu County Public Security Bureau, the victim's injury was classified as a minor injury of level one. It was also found that during March 2014, the defendant Guan, along with Cai and others, repeatedly assaulted underage students at Qingliu County Children's Park, Kowloon Bridge, traffic light intersections, and campus entrances without reason, resulting in five students being injured to varying degrees. In the joint crime, the defendant Guan has reached the age of sixteen, while Cai and others have not reached the age of sixteen. Therefore, the defendant Guan has been prosecuted. The defendant, Guan, was arrested and brought to justice at his home in Fengxiang Street, and later truthfully confessed his crime.

（2） Judgment results

After trial, the People's Court of Qingliu County found that the defendant, Guan, disregarded national laws and regulations and social morality, and arbitrarily assaulted others, causing one minor injury and one minor injury. The circumstances were severe, and his behavior constituted the crime of provoking trouble. The defendant, Guan, has repeatedly beaten underage students at school and will be given a heavier punishment as appropriate; At the time of the crime, if the offender has reached the age of sixteen but not eighteen, he shall be given a lighter punishment in accordance with the law; Being able to truthfully confess one's crimes after arriving at the case is a confession and a lighter punishment in accordance with the law. According to the relevant provisions of the Criminal Law, the defendant, Guan, was sentenced to one year and three months in prison for the crime of causing trouble. After the verdict was pronounced, the defendant, Guan, expressed satisfaction with the verdict and did not file an appeal.

（3） Typical significance

This case is a typical case of campus violence. While campus violence undermines the normal order on campus, it also causes harm to students' physical and mental health, and some even hate schools and society. Therefore, the harm of campus violence cannot be ignored. The victim of this case, Lin, is an underage student at school, whose physiological and psychological development is not yet mature and lacks sufficient awareness and prevention ability when facing danger. Therefore, the defendant in this case, Guan, was given a heavier punishment for beating underage students without reason, which reflects the special protection of the judicial authorities for underage students; On the other hand, minors are not deeply involved in the world and their worldview has not yet been established, which is the most critical stage of personality formation and development, and also the period where they are most prone to develop rebellious psychology. Therefore, considering that the defendant in this case is a minor, while punishing his crime, he is also given a lighter punishment in accordance with the law, which is also a reflection of China's law's leniency and severity towards juvenile offenders. We hope that through this case, the majority of minors can learn a lesson, actively learn and abide by the law, and improve their ability to distinguish right from wrong. At the same time, we also call on schools, families, society, and the judiciary to increase the protection of minors and prevent campus injury accidents from the source.

9、 Xu's intentional injury case

（1） Basic facts of the case

On September 23 and 24, 2014, the defendant Xu (under the age of 15) was dissatisfied and criticized by victims such as Lin, who were also students of a certain high school, due to his walking posture and hairstyle. He harbored resentment and threatened to beat Lin. On the afternoon of September 24, 2014, during the break, the victims Lin, Huang, Weng, and students Song, Wu, and Chen arranged for the defendant Xu to go to the teaching building toilet of the school. Xu returned to the dormitory and brought a fruit knife to the appointment. In the restroom, the victims Lin and Chen beat and kicked the defendant Xu with their hands and feet. Subsequently, the defendant Xu, while being surrounded, pulled out his fruit knife and stabbed the victims Huang, Lin, and Weng. After identification, the degree of human injury of the victims Huang and Weng was classified as Level 2 serious injury, while the degree of injury of Lin was classified as minor injury.

（2） Judgment results

After trial, the People's Court of Licheng District, Putian City, Fujian Province found that the defendant Xu intentionally injured another person's body, causing two serious injuries and one minor injury. His behavior constitutes the crime of intentional injury. Given that the defendant Xu was under the age of sixteen at the time of the crime and was able to truthfully confess his crime after being brought to justice, and that the victim was at fault in this case, a mitigated punishment should be imposed. The defendant Xu's criminal behavior caused economic losses to the plaintiffs Huang and Weng in the incidental civil litigation, and they should be liable for compensation. In this case, the defendant in the incidental civil lawsuit, a middle school, as a manager, failed to discover that multiple students from different classes gathered in the restroom to cause trouble during class, causing Xu to stab Huang and Weng with weapons. The middle school should bear certain responsibility for the consequences of the injury. Based on this, in accordance with the relevant provisions of the Criminal Law, the defendant Xu was sentenced to one year and six months in prison for the crime of intentional injury. His legal representative and a certain high school compensated Huang and Weng for various economic losses, including medical expenses, totaling more than 30000 yuan, according to their respective shares.

（3） Typical significance

This case is a typical campus injury case caused by disputes between classmates. On the one hand, in school, it is very common for students to argue over trivial matters. Minors, in situations where their self-control is weak, take risks without considering the consequences, which is a major characteristic of juvenile delinquency. During the trial of this case, the court investigation found that the defendant Xu was introverted and did not like to communicate with parents and teachers. After being provoked by classmates' words, he impulsively stabbed his classmates, ultimately leading to the occurrence of this case. Therefore, when conflicts arise with classmates due to trivial matters, they should be resolved through legitimate means such as mutual consultation or reporting to teachers or parents, and should not be provoked or even resorted to violence. On the other hand, schools have the responsibility of educating, managing, and protecting students. If a student intentionally harms during class, the school should also bear corresponding responsibilities. So, preventing juvenile delinquency requires the joint efforts of the entire society.

10、 Liu, Xiao, Wang, and Yang committed a group brawl case

（1） Basic facts of the case

One day in March 2014, Wu, who was studying at Wuping No.2 Middle School, had a dispute with Zhong, a classmate from the next class, who was jealous of a female classmate. The two parties agreed to fight and fight at Shuziba Park in Wuping County on the afternoon of March 21. Later, Wu called and asked Zhang (to handle the case separately) to call someone and bring tools to help fight. On the afternoon of the same month 21st, Zhang invited the defendant to help fight and invited the defendant and others to eat and drink at a restaurant near the Second Middle School. The four defendants who received the call came to the open space near the water gate bridge in Shuziba Park and waited. Ten minutes later, Wu arrived at Shuziba Park. At around 5 pm that day, when Wu saw Zhong walking over the water gate bridge with someone, Wu immediately rushed forward with a galvanized pipe to beat Zhong. Upon seeing this, Zhong immediately ran away. Subsequently, Zhang and defendant Liu chased Zhong with a baseball bat. Not far away, defendant Wang saw Zhong running towards him and ran over to stop him and hit him to the ground. Defendants Xiao, Liu, and others approached and beat Zhong with galvanized pipes, resulting in fractures of his T2 and 3 left transverse processes. According to the identification of the Criminal Science and Technology Research Institute of Longyan Public Security Bureau, Zhong's injury belongs to the second level of minor injury. On May 7th, 9th, 13th, and 19th, 2014, the four defendants Liu, Xiao, Wang, and Yang successively surrendered to the Pingchuan Police Station of the Wuping County Public Security Bureau.

（2） Judgment results

After trial, the People's Court of Wuping County found that the four defendants, after being invited by others, actively participated in the brawl with weapons, causing one person to be slightly injured. The actions of the four defendants all constitute the crime of gathering people to engage in brawl. If the four defendants gather to engage in a brawl, resulting in one minor injury, the four defendants shall be given a heavier punishment as appropriate. When the four defendants committed the crime, they were all under the age of eighteen and were able to voluntarily surrender and truthfully confess their crimes. If there were circumstances of voluntary surrender, the four defendants would be given a mitigated punishment in accordance with the law, and their sentence could be suspended in accordance with the law. According to the relevant provisions of the Criminal Law of the People's Republic of China, the four defendants were sentenced to imprisonment of one year and eight months, with a probation of two years and six months, for the crime of affray. After the verdict was pronounced, all four defendants expressed their compliance with the verdict, did not appeal, and actively accepted community correction, striving to be a good law-abiding citizen.

（3） Typical significance

This case is a case of an inexperienced classmate who, for the sake of saving face and being competitive, mutually agreed and gathered others to engage in armed gatherings and brawls in a city park. The gathering of personnel involved underage students from several high schools in the urban area. Underage students love face, show loyalty, and show empathy, but do not pay attention to legal knowledge and do not think twice before acting. After being well fed and drunk, following the instructions of the protesters without asking the cause of the incident, colluding with others to engage in armed brawls at their invitation, which violates the criminal law. In practice, there are frequent cases of gathering people to engage in brawls or provoke trouble, and some adult offenders who have been punished for violating the criminal law may also be held criminally responsible by taking to the defendant's seat in court due to their loyalty to the world. The court comprehensively considered the criminal facts, nature, plot, and social harm consequences of the four defendants, combined with the characteristics of the four defendants being underage students, adhering to the criminal policy of "education first, punishment second", and adopting a lenient and strict combination of punishment. The four defendants were sentenced to probation and given the opportunity to continue learning and further education, which is consistent with the criminal responsibility and punishment, and achieved the unity of legal and social effects.

11、 Robbery case by Huang Kaiwen and Wei Moumou

（1） Basic facts of the case

In May 2010, defendants Huang Kaiwen and Wei, along with Zhang Kai (to be dealt with separately), conspired to climb a wall and enter Shunchang Vocational School in Fujian Province. Defendant Wei went to the school's electronic reading room and deceived several students from the school to the back of the cafeteria. Defendants Huang Kaiwen and Zhang Kai used language threats, body searches, and other methods to steal Zheng's RMB 10 and Hu's RMB 120, The other students did not find any property because they had no money on them. The stolen money was jointly squandered by the three people.

（2） Judgment results

After trial, the People's Court of Shunchang County believed that the defendants Huang Kaiwen and Wei used coercion and other methods to rob others' property for the purpose of illegal possession, and their actions constituted the crime of robbery. Defendants Huang Kaiwen and Wei Moumou will be given heavier punishment as appropriate for robbing minors. The defendant Wei, who was under the age of 18 at the time of the crime and voluntarily confessed in court, actively withdrew from the stolen money, showed signs of repentance, and was given a mitigated punishment in accordance with the law. The defendant Huang Kaiwen voluntarily pleaded guilty in court and showed signs of repentance, and will be given a lighter punishment as appropriate. According to the relevant provisions of the Criminal Law, the defendant Huang Kaiwen was sentenced to robbery, three years in prison, and a fine of 3000 yuan; The defendant Wei was sentenced to robbery and sentenced to one year and two months in prison, with a fine of 3000 yuan. The withdrawn stolen money of 130 yuan was returned to each victim.

（3） Typical significance

Robbery is a violent crime that seriously endangers social security, with significant social harm. Among them, campus robbery not only damages students' legitimate rights and interests, but also causes a certain degree of panic to students' psychology, disrupting the normal teaching order on campus. The two defendants in this case were both under the age of 18 when they committed the crime, both of whom were born from rural families with low educational backgrounds and neglected family education for their children; The defendant's lack of legal awareness ultimately led them to embark on a criminal path.

12、 Yang Moumou's intentional injury case

（1） Basic facts of the case

Zhou Min (sentenced) and the victim Chen (underage) had a conflict over their attempt to grab their girlfriend. On January 17, 2013, at around 9:00 pm, Zhou Min learned that Chen was at Nanping Agricultural School and gathered the defendant Yang (underage) and others to go to the school to beat Chen. When they met Chen at the slope of the back door of the school, Zhou Min rushed over and hit Chen on the head with a brick, Yang then scratched Chen Jimin's back with a knife he carried with him. As Chen ran to the school climbing bridge, Zhou Min rushed over and hit Chen Jimin. Yang also picked up a brick and hit Chen Jimin on the head. According to the appraisal by the Fujian Wuyi Judicial Appraisal Institute, Chen Jimin suffered from a concave fracture of the left parietal bone and an 11.5cm long wound on the left back due to trauma, all of which constitute minor injuries.

On April 9, 2013, the defendant Yang voluntarily surrendered to the public security organs and truthfully confessed his criminal facts. The public security organs took compulsory measures to release him on bail pending trial. On April 27 of the same year, Yang beat others and caused minor injuries. On May 13, he was detained for 6 days and fined 200 yuan by the public security organs. On May 22, he was arrested with the approval of the Jianyang District Procuratorate in Nanping City. After the co defendant Zhou Min returned to the case, he first compensated the victim Chen for all economic losses totaling RMB 10000. During the trial of this case, after mediation by our court, the defendant Yang also compensated the victim Chen for a total of 1000 yuan in continuing treatment expenses, and obtained the victim's understanding.

（2） Judgment results

After trial, the People's Court of Jianyang District, Nanping City found that the defendant Yang intentionally injured another person's body, causing one person to be slightly injured, and his behavior has constituted the crime of intentional injury. According to the relevant provisions of the Criminal Law, the defendant Yang was sentenced to five months of detention for the crime of intentional injury. The defendant Yang has no objection to the judgment result and stated that he will not appeal.

（3） Typical significance

The case occurred on campus, and both the defendant and the victim were minors, with the victim being a student on campus. The defendant, being misled by others, blindly speaks of friendship and harms underage students on campus with a murder weapon, may be given a heavier punishment as appropriate. Although there are multiple statutory and discretionary leniency circumstances, the defendant Yang was punished for carrying a controlled knife and also used a knife to harm others in this case. He is impulsive and lacks consideration in his actions. During his bail period, he also assaulted others due to minor incidents, resulting in minor injuries that are more severe. His parents, as guardians, failed to fulfill their duties of supervision and education, and he himself carries a certain degree of personal danger, Therefore, the defendant Yang does not meet the conditions for applying probation. During the trial of this case, the psychological counselor also concluded through psychological assessment that the defendant Yang is still young and easily immersed in his own world, with weak self-discipline and a certain degree of social danger. Therefore, the application of actual punishment in this case is more conducive to education, persuasion, and rescuing minors who have committed misconduct.

13、 Case of Lin and Lou forcibly insulting women

（1） Basic facts of the case

At around 17:00 on April 10, 2013, the defendant Lin believed that he had been insulted by Chen, and gathered Lou and Huang (both underage women) to seek revenge from a middle school student Chen (female, underage) in Guangze County. However, due to Chen's vigilant hiding, Lin and others failed to find him. At around 20:00 on the same day, Lin invited Chen out and took him to an alley behind a supermarket in Guangze County through someone else. Lin and Lou successively slapped the victim, pulled his hair, and other assaults, causing the victim's nose to bleed. Afterwards, Lin asked the victim to "take off his clothes". Chen dared not resist because he was afraid of crying, so he took off his clothes. Lin Honghong Lou and two other female students present made fun of the victim's onlookers. During this time, Lou took more than ten photos of Chen's nudity using his mobile phone, and then transmitted the photos to the attendees through Bluetooth on his mobile phone. That night, the victim Chen immediately reported to the public security organs and went to the hospital for medical treatment. Forensic examination revealed that the damage to Chen's nose and face was a blunt object injury, with a minor condition. Defendants Lou, Lin, and others deleted the naked photo of the victim from their phone after learning that the victim had reported the incident.

（2） Judgment results

After trial, the court found that the defendants, Lou and Lin, disregarded national laws and colluded with others to forcibly insult women through violent means, which constituted the crime of forcibly insulting women. This court comprehensively considers that the defendants Lin and Lou were first offenders, both under the age of 18 at the time of the crime. They voluntarily brought the case to justice and truthfully confessed their criminal facts. After the incident, they actively compensated and obtained the other party's understanding. Additionally, at the time of the incident, all the people present were female, and the naked photos of the victim were deleted without causing any other adverse effects. In combination with the investigation and evaluation opinions of the Judicial Bureau's suggestion on applying community correction to the defendant, Decide to reduce the punishment and apply probation to the defendant in accordance with the law. Lin was sentenced to two years in prison with a two-year probation for the crime of forcibly insulting women; Sentenced Lou to one year's imprisonment and one year's probation.

（3） Typical significance

The defendant and the victim in this case are both flowering girls, and the occurrence of the incident is shocking and heartbreaking. During the trial, we learned that the parents of the defendants Lou and Lin were divorced, and both lacked effective supervision from guardians since childhood. Their grandparents doted on them too much, and their discipline was weak. They lacked proper guidance during their adolescence, rebelled in their thinking, acted recklessly, and had a weak legal sense, leading them to commit crimes. The victim, Chen, also lacked self-protection awareness. Knowing that Lin and others had arrived at school in the afternoon of the day of the crime to retaliate against him, he recklessly agreed to go out that night and did not know how to call for help or escape when in danger. This case once again reminds us that parents should enhance their sense of responsibility, not only to ensure the material needs of their children, but also to attach importance to their psychological growth, strengthen the correct guidance of their outlook on life, and effectively fulfill their guardianship responsibilities. Schools should also strengthen safety education, especially for female students who should understand self-esteem, self-love, and respect others, and enhance their self-protection awareness.

14、 Chen's intentional injury case

（1） Basic facts of the case

At around 23:00 on January 20, 2015, the defendant Chen (then 16 years old) was beaten by Li and others in Room 409 of his dormitory building due to trivial matters. Later, the defendant Chen, in retaliation, took out a fruit knife from his 403 bedroom and held it outside his 409 bedroom to force Li back into his 412 bedroom, where he injured Li Xinsen's neck. After identification, the victim was injured, resulting in tracheal rupture and full esophageal rupture, which were repaired surgically and rated as serious injury level 2; Simultaneously causing mediastinal emphysema (self absorption), rated as mild injury level 1; A 7.3cm scar on the skin at the front of the neck, a thyroid contusion, and a small amount of air accumulation in the right chest cavity are rated as mild injury level 2, and a comprehensive assessment is rated as severe injury level 2. The defendant Chen was slightly injured. On March 27, 2015, the defendant voluntarily surrendered to the public security organs and truthfully confessed the aforementioned criminal facts. During the trial of this case, the defendant's family members have compensated the victim with economic losses of RMB 100000 and obtained the victim's understanding.

（2） Judgment results

After trial, the People's Court of Jimei District, Xiamen City found that Chen intentionally injured another person's body with a weapon, causing one person to be seriously injured, and his behavior has constituted the crime of intentional injury. The charges charged by the prosecution are established. Chen was at the age of 16 but not 18 at the time of the crime, and was a juvenile delinquent; After committing a crime, he voluntarily surrenders and truthfully confesses his crime, which is considered voluntary surrender; It has compensated the victim for economic losses and obtained understanding; The victim was at fault in this case; Based on the above circumstances, Chen can be given a mitigated punishment in accordance with the law, and applying a suspension of sentence to him will no longer harm society, so a suspension of sentence can be applied. The sentencing recommendations of the public prosecution organs are appropriate and adopted. The defense opinions of the defender are fully justified and accepted. Based on this, in accordance with relevant provisions of the Criminal Law, Chen was sentenced to one year and three months of imprisonment, with a two-year probation. After the verdict was pronounced, the defendant did not appeal, and the case has now taken effect.

（3） Typical significance

This case is a serial campus violence case caused by a dispute over trivial matters, which was caused by a "mild" violence that led to the violent criminal behavior in this case. The criminal behavior in this case belongs to a typical campus violence behavior. Due to the fact that both the defendant and the victim are classmates from the same school, their legal awareness is weak, and they are in a youthful and vigorous stage of adolescence, it is inevitable that disputes over trivial matters will lead to fights, which will eventually evolve into criminal offenses. In this case, considering that the victim was at fault for the consequences of the crime and that Chen had a good attitude of confession after the incident, he immediately reported to the police, contacted the grade teacher, and sent the victim to the hospital for treatment. The subjective malignancy was relatively small, and it was not intentional harm. Moreover, during the trial of the case, Chen's family was able to actively compensate for the victim's economic losses and obtained the victim's understanding. Therefore, Chen was sentenced to a suspended sentence, Give them an opportunity to return to society and hope to provide a warning education to students in school, so that they can understand how to properly handle conflicts and disputes, and how to respect each other.

15、 Zhuo Moumou's intentional injury case

（1） Basic facts of the case

On the afternoon of November 25, 2011, the defendant Zhuo (male, 14 years old at the time) had an argument with the victim Wang (male, 14 years old at the time) during a class in a middle school classroom in Shaxian County due to desk spacing issues, and was threatened by the victim. The defendant, afraid of being beaten by Wang, carried a fruit knife from home and hid it in his pocket when he went to school the next day. At around 8:50 on the same day, during the end of class, the victim patted the defendant's head from behind in the classroom, causing a fight between the two. During the fight, the defendant casually took out a fruit knife and stabbed the victim. After forensic appraisal by the Sha County Public Security Bureau, the victim's injury was classified as serious. The defendant waited for the public security organs to handle the case at the school security office after the incident, and truthfully confessed his criminal facts upon arrival. After the incident, the defendant voluntarily compensated the victim with RMB 71500 and obtained the victim's understanding.

（2） Judgment results

After trial, the Sha County Court found that the defendant intentionally and illegally harmed the physical health of another person, causing serious injury to one person, and constituting the crime of intentional injury. Due to the fact that the defendant was under the age of sixteen at the time of the crime and had voluntarily surrendered, after the incident, he took the initiative to compensate the victim for their economic losses and obtained the victim's understanding. Based on this, in accordance with the relevant provisions of the Criminal Law, the defendant is sentenced to one year and six months' imprisonment with a three-year probation for the crime of intentional injury.

（3） Typical significance

This case is a typical case of violence on campus caused by student disputes. According to the pre-trial social investigation conducted by the court, the defendant usually performs well, but is introverted and lacks communication with classmates. At the time of the incident, due to the trivial matter of desk spacing and disputes with classmates, the victim threatened the defendant with words, and the defendant carried a fruit knife to class for fear of being beaten, ultimately resulting in serious consequences. This type of case reflects that some minors are mentally immature and impulsive, unable to resolve conflicts and disputes between individuals in a reasonable manner. Families, schools, and society should pay attention to the physical and mental health of minors, improve their communication and interpersonal skills, and avoid the recurrence of such cases.

16、 Case of intentional injury by Huang, Li, Huang, and Zhang

（1） Basic facts of the case

At around 21:00 on March 28, 2012, the defendants Huang, Li, Huang, and Zhang were dissatisfied with the victim Deng and others drinking alcohol in their high school and receiving the money for the drink. The defendants Huang and Li proposed to teach the other party a lesson. Later, Huang and Li ordered several lower grade students to find three iron bars, and the four defendants were on a small road near the school playground, Beat the victim Deng and others with iron bars and kicks. After forensic appraisal by the Yong'an Public Security Bureau, the injury of victim Deng was classified as a serious injury, while the injury of victim Wei was classified as a minor injury of level three. On June 15, 2012, defendants Huang and Zhang voluntarily went to the public security organs for investigation after receiving a phone call from the Yong'an Public Security Bureau; On July 5, 2012, the defendant Li was arrested and brought to justice by the Yong'an Public Security Bureau; On August 14, 2012, the defendant Huang voluntarily submitted to the Yong'an Public Security Bureau.

It was also found that the four defendants compensated the victim Deng for a total of 88814 yuan in economic losses, and the victim Wei Rongzeng for a total of 22460 yuan in economic losses.

（2） Judgment results

After trial, the People's Court of Yong'an City found that the four defendants intentionally and illegally harmed the physical health of others, causing serious or minor injuries to others, and their actions constituted the crime of intentional injury. The behavior of the four defendants is a joint crime and shall be punished separately according to the circumstances and role of their crimes in accordance with the law. After the incident, all four defendants were able to truthfully confess their criminal facts and voluntarily plead guilty in court. Among them, three defendants also voluntarily surrendered and should be given a lighter or mitigated punishment. At the same time, all four defendants actively compensated the economic losses of the victims and obtained their understanding. They all had a good attitude of confession and a deep degree of repentance, and could be given a lighter punishment. According to relevant provisions such as the Criminal Law, the four defendants shall be sentenced to fixed-term imprisonment of three years to one year in November and a suspended sentence of five to three years for the crime of intentional injury.

（3） Typical significance

This case is a criminal case of a graduating junior high school student engaging in armed assault and injury to others on campus. The four defendants failed to treat the outsiders who broke into the campus to drink and cause trouble rationally and promptly reported to the teacher or the school security department. Instead, they developed a mentality of retaliation towards others after an argument with them, coupled with their weak control, impulsiveness, and poor ability to distinguish right from wrong, which led to the occurrence of tragedy, causing physical harm to others and sending themselves to prison. Under the guidance of the court, the four defendants realized the serious consequences of not paying attention to studying law and having weak legal awareness, and expressed sincere repentance. In order to give the four defendants a chance to repent without affecting their further education and future employment, the court sentenced them to probation. However, this incident has seriously affected their academic completion, and in the end, none of the four defendants were admitted to high school, bidding farewell to the colorful student days and changing their life trajectory. Therefore, increasing the legal publicity efforts of students on campus, improving their legal awareness and self-protection ability, is not only the responsibility of the school and family, but also the responsibility of the entire society. I hope such campus tragedies will not happen again.