2015年9月18日，最高人民法院召开新闻通气会，河北省高级人民法院审判委员会专职委员柴建国发布了发生在河北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(河北）

目录

1.冯某某故意杀人案

2.安某某故意伤害案

3.郄某某故意伤害案

4.魏某某等人故意伤害案

5.代某某、陈某、李某、冯某、麻某某犯故意伤害罪案

6.许某某、冯某龙、冯某蛟、闫某某、王某某犯故意伤害案

7.马某故意杀人案

8.赵某某、艾某、牛某寻衅滋事案

9.周某某故意伤害案

10.刘某某故意伤害案

11.燕某故意伤害案

12.王某某故意伤害案

13.吴某某、郭某某、陈某、王某浩、王某寻衅滋事案

14.贾某某故意伤害案

15.刘某朋故意伤害案

16.李某某故意伤害案

17.范某某、袁某、郭某某寻衅滋事案

18.钱某某、武某某、李某某抢劫案

19.冉某某故意伤害案

一、冯某某故意杀人案

（一）基本案情

被告人冯某某（1996年8月26日出生）与受害人史某（1996年5月5日出生）均是平山县外国语学校初三学生。二人曾于2012年1、2月份搞过对象，分手后还有联系。被告人冯某某不想和史某相处，便产生了害死史某的想法。2012年6月5日早晨，冯某某与史某相约见面后，来到平山县平山镇东街村高某某家闲置的空房，二人聊了一会儿并约定第二天再次见面。2012年6月6日4时许，史某驾驶电动车来到平山镇锦绣花园南门，被告人冯某某携带事先准备好的一根铁棍同史某再次来到高某某家空房。二人见面后发生口角、互殴。被告人冯某某用事先准备好的铁棍对史某头面部多次打击，致史某死亡。经鉴定，史某系被他人用钝器打击头部致颅脑损伤死亡。2012年6月11日冯某某的父母带冯某某到平山县公安局投案。

（二）裁判结果

河北省石家庄市中级人民法院经审理认为，被告人冯某某故意非法剥夺他人生命，其行为构成故意杀人罪。被告人冯某某犯罪时未满十六周岁，依法应当从轻或减轻处罚。案发五天后，被告人冯某某在其父母带领下投案。到案后，冯某某对用铁棍将同学史某打死的主要犯罪事实供认不讳，应当认定被告人冯某某为自首，依法可以从轻或减轻处罚。被告人冯某某法定代理人已经赔偿被害人亲属，被害人亲属附带民事部分已经撤诉，对被告人冯某某可以酌定从轻处罚。依照《中华人民共和国刑法》第二百三十二条、第十七条、第六十七条的规定，认定被告人冯某某犯故意杀人罪，判处有期徒刑十年。被告人未上诉，检察机关未抗诉，判决已发生法律效力。

（三）典型意义

这是一起因早恋处理不当引起的严重刑事案件，也许本不该发生在两个花季少年的身上，但现实是残酷无情的。被告人不想和被害人继续谈恋爱，为了摆脱被害人，不计后果，残忍的将被害人杀死，害人害己，最终走上犯罪道路。在这起案件中两个学生一个付出了生命的代价，另一个则在一生最美好的时期锒铛入狱，失去自由。案件对两个家庭造成了难以弥补的伤害。

青春期是每个人由儿童到成人期的过度时期，它是人一生中最美丽、最动人、最关键的一段经历。因为这个时期的孩子感到自己长大了、独立了、有思想了，但是对很多事情还没有足够的控制能力，尤其是感情，所以在这个时期不要卷入爱情的漩涡。因此，学校和家长应当引导学生将更多的精力用到学习知识增长才智的道路上。

我们每个中学的校规也都是禁止早恋的。早恋是不应该的，但是真的发生早恋了，该怎么办。我们不能一味的堵，更应该在疏导上下功夫。由于现在的种种客观原因，家庭、学校、教师乃至社会，关心学生的学习成绩多一些，对学生的心理需求关注相对较少，导致他们更倾向于从外界获得关爱的感觉，早恋就自然而然的发生了。比如：适当增加一些社会或者户外活动，家庭、学校、教师三方加强联动，加强对青春期学生的心理干预，及时引导才是治本之道。

二、安某某故意伤害案

（一）基本案情

2013年10月27日中午，河北省鹿泉市某中学学生被害人贾某某、被告人安某某、贾某甲为“结拜兄弟”被告人柏某某庆祝生日，并在位于鹿泉市体育场附近的面摊一起喝酒吃饭。酒后，被告人柏某某与安某某因“结拜兄弟”排行问题先发生争执，后四人离开饭店到附近的鹿泉市体育场，被告人柏某某又与贾某某发生言语冲突，被告人柏某某问谁有刀子，被告人安某某从右侧裤兜掏出自己随身携带的折叠刀，被告人柏某某遂从安某某手中拿过折叠刀刺向贾某某左胸，后被告人柏某某、安某某、贾某甲将贾某某送往医院救治。经鉴定被害人贾某某重伤，并构成十级伤残。案发后，被告人安某某赔偿被害人贾某某4万元。在审理期间，被告人柏某某与被害人贾某某就民事赔偿部分达成调解协议。

（二）裁判结果

河北省鹿泉市人民法院经审理认为，被告人柏某某持刀伤害贾某某致重伤，其行为构成故意伤害罪；被告人安某某为柏某某伤害被害人提供作案工具，亦构成故意伤害罪。被告人柏某某、安某某犯罪时未满十八周岁，均应减轻处罚。被告人安某某在共同犯罪中起辅助作用，系从犯，应比照主犯减轻处罚。二被告人故意伤害未满十八周岁的被害人，应酌定从重处罚。被告人柏某某、安某某的共同伤害行为给被害人贾某某造成的经济损失依法应予赔偿。在法院主持下，被告人柏某某、法定代理人柏卫红与附带民事诉讼原告人已达成调解协议；被告人安某某与柏某某系共同犯罪，应承担50%的民事赔偿责任，即65715.69元，犯罪后被告人安某某已支付附带民事诉讼原告人40000元，应再付25715.69元。鉴于被告人系在校学生，对二被告人可酌定从轻处罚。被告人柏某某与被害人贾某某已达成调解协议，被害人对被告人柏某某行为予以谅解，综上所述，对被告人柏某某可适用缓刑。依照刑法有关规定，以故意伤害罪判处被告人柏某某有期徒刑二年，缓刑三年；以故意伤害罪判处被告人安某某有期徒刑一年。被告人安某某及其法定代理人安勇军、安翠霞赔偿附带民事诉讼原告人贾某某25715.69元。

宣判后，被告人安某某不服，以原审量刑过重为由提出上诉。在二审审理阶段，上诉人安某某的法定代理人积极赔偿被害人经济损失并取得了被害人谅解，

二审法院河北省石家庄市中级人民法院经审理认为，上诉人安某某犯故意伤害罪事实清楚，但上诉人安某某具有犯罪时未满十八周岁且系在校学生，犯罪后认罪悔罪并积极将被害人送医院救治，在共同犯罪中作用较小，系从犯，积极赔偿被害人并取得被害人谅解等法定或酌定从轻情节，依法改判上诉人安某某有期徒刑十个月，缓刑一年。

（三）典型意义

我国《未成年人保护法》第三十七条规定“禁止向未成年人出售烟酒，经营者应当在显著位置设置不向未成年人出售烟酒的标志；对难以判明是否已成年的，应当要求其出示身份证件。”

我国《预防未成年人犯罪法》第十五条规定：“未成年人的父母或者其他监护人和学校应当教育未成年人不得吸烟、酗酒。任何经营场所不得向未成年人出售烟酒”。《河北省未成年人保护条例》第八条规定：“父母或者其他监护人应当教育和制止未成年人的下列行为：吸烟、饮酒、恋爱、赌博、损坏公物和公共设施、大家、械斗、辱骂他人、阅读或者收听、收看宣扬色情、淫秽的书包、杂志和音像制品。

青少年正处于生长发育时期，饮酒不仅会损害人的肠胃功能，导致严重的导致营养不良，影响身体的生长发育。而且酒后容易冲动、易怒、粗暴、不能自控，有时一念之差就会走向罪恶的深渊，遗憾终生。我国刑法明文规定醉酒的人犯罪，应当负刑事责任。我们身边因为饮酒喝醉引起的刑事案件可谓数不胜数，更何况自控能力意志力更差、法律意识更薄弱的孩子们。要告诫青少年一定远离酒精。

三、郄某某故意伤害案

（一）基本案情

2009年2月的一天晚自习课间，郄某某（1992年9月13日出生）和一女同学交谈，同学张彦某便开玩笑：“大庭广众之下，你们谈对象呢！”郄某某感到受了侮辱，两个争强好胜的少年就你推我搡扭打起来，后被同学拉开。张彦某感到打架吃了亏，便告知其胞兄张某某寻机报复。

2009年2月28日15时许，张某某受其弟张彦某指使带领他人在平山县康乐街外国语中学道口准备殴打放假回家的郄某某，被告人郄某某得知后乘出租车躲避。当出租车行至平山县外国语中学道口北侧时，被张某某等人拽下车围殴倒地，郄某某起身后用一把折叠刀向张某某的胸部扎一刀。张某某受伤倒地后，郄某某拦截了车辆，将张某某送到医院抢救，张某某因心脏主动脉弓部被刺破，造成失血性休克经医院抢救无效于当日死亡。

（二）裁判结果

河北省石家庄市中级人民法院审理认为，郄某某与张彦某发生纠纷，张彦某之兄张某某纠集多人在放学途中对郄某某进行围殴，郄某某持刀刺中张某某胸部，致使张某某因被刺破主动脉弓部致失血性休克死亡，郄某某的行为构成故意伤害罪，依法应予惩处。郄某某犯罪时未满十八周岁，应当从轻或减轻处罚；郄某某在案发后，试图防止和减轻危害后果的发生，积极抢救张某某，应酌情减轻处罚；张某某为成年人，纠集多人围殴被告人，对伤害结果有过错，应对郄某某酌情减轻处罚；郄某某及其家属积极赔偿张某某家人因伤害造成的损失，故结合上述的从轻、减轻情节，依法判处郄某某有期徒刑五年。

（三）典型意义

一句玩笑引起伤害案件，因而导致一死一入狱。这样的结局是我们不愿意看到的，教训是深刻的，代价是沉重的。

目前，学校打架的现象与日俱增，时常发展为恶性刑事案件，导致被害人肢体伤残乃至丧失宝贵生命，施害者也逃脱不了锒铛入狱的悲惨结局。

学校作为未成年受教育的主要场所，是未成年人成长的必经之地。首先，要树立立人为本的教育理念，充分发挥学校教育的主导作用。学校不仅是学知识、长技能的场所，更是未成年人价值观的形成场所。其次，学校的法制教育须制度化、科学化。同时，学校要加强管理，对未成年人大量的余暇时间和充沛的剩余精力进行积极的引导，从而减少犯罪的发生。另外，学校应结合未成年常见的心理健康问题进行心理辅导与治疗。帮助学生正确地认识自己和周围环境，克服成长中的诸多情绪障碍。还要经常与家长沟通，通过举办家长会，了解未成年在家庭里的情况有针对性地进行家长的教育理论、教育方法的培训，使家长不断地纠正错误的教育方法，改进教育的方式，取得最佳的教育效果。

老师是学生的第二家长，班主任老师尤其要加强责任心，及时发现矛盾，解决纠纷，防止酿成大祸。不仅关注学生的学习，还应关注学生的心理健康。学生正处于心理成长阶段，心理尚未成熟，老师应深入了解学生的内心世界，培养学生宽于待人、乐观向上的心态，如果发现学生异常，要及时了解情况并帮助学生解决问题，引导他们走上正确的人生道路，避免误入歧途，遗憾终生。

学生本人，要定期参加法制教育讲座，着力提高自己的法制观念，增强遵纪守法的自觉性，做到通过外力作用，从而使自己的行为规范。使自己从小明白什么行为允许做，什么行为不允许做，从而培养守法意识，并规范自己的言行。与同学相处要团结友爱、互相关心，不要斤斤计较、自私狭隘，更不能因琐事就大打出手。俗话说：“忍一时风平浪静，退一步海阔天空。”仅因一时冲动，而做出过激的行为，就会像上文提到的秦龙那样，不仅会毁了自己一生，同时也会给家庭和社会带来无法挽回的损失，一失足成千古恨。

四、魏某某等人故意伤害案

（一）基本案情

2010年5月26日下午上体育课时，王某某（1997年2月16日）出生趁同学马某（1995年10月10日出生）没注意往其水杯吐了唾沫，让他喝了带唾沫的水，马某知道后就把王某某打了。王某某扬言找人打马某，马某就招呼几个同学教训王某某，后马某因为打架被老师开除，马某的同学魏某某、张甲、张乙、柳某、魏某甲约好为马某出气，在放学路上打王某某。2010年6月2日18时20分许，被告人魏某某纠集被告人魏某甲、马某、张乙、张甲、柳某、李某、宋某某（在逃）、朱某某（在逃）、李某某（未满14周岁不负刑事责任）（以上人员皆为初一学生）在石家庄市桥西区中华大街与裕华路交叉口西北角的公园内将与马某有矛盾的被害人王某某打伤。其中被告人魏某某、魏某甲脚踢、棍打被害人王某某头部，其他人对王某某身体的其他部位拳打脚踢，致使王某某颅脑及身体多处受伤，经鉴定王某某伤情为重伤，评为一级伤残。案发后，被告人魏某某、魏某甲、马某、张乙、张甲、柳某、李某投案自首并进行部分赔偿。

（二）裁判结果

河北省石家庄市中级人民法院审理认为，被告人魏某某、魏某甲、马某、张乙、张甲、柳某、李某采用野蛮的暴力手段将被害人王某某打成重伤并致残，后果严重，构成故意伤害罪。公诉机关指控的罪名成立，应以故意伤害罪追究其被告人的刑事责任。七被告人系共同犯罪，被告人魏某某、魏某甲在共同犯罪中起主要作用，系主犯；被告人马某、张乙、张甲、柳某、李某在共同犯罪中起次要作用，系从犯，依法应当从轻、减轻处罚；七被告人自动投案后如实供述自己的犯罪事实，系自首，依法可以从轻、减轻处罚；案发后七被告人的法定代理人均主动赔偿被害人王某某部分经济损失，依法酌情从轻处罚；七被告人均系未成年人，依法应当从轻减轻处罚；七被告人均为在校学生、无前科、系初犯，量刑时酌情从轻处罚。

判处被告人魏某某犯故意伤害罪，判处有期徒刑十三年；被告人魏某甲犯故意伤害罪，判处有期徒刑十年；被告人马某、张乙、柳某、张甲、李某犯故意伤害罪，判处有期徒刑三年，缓刑三到五年不等；

附带民事诉讼原告人王某某请求七被告人及其法定代理人共同赔偿医疗费、鉴定费、护理费、伙食补助费、营养费、交通费、伤残赔偿金共计554724.37元（已赔付268000元应予扣除）互负连带责任。

判决后，附带民事诉讼原告人王某某上诉、河北省石家

庄市人民检察院抗诉，河北省高级人民法院审理后驳回上诉、抗诉，维持原判。

（三）典型意义

同学间的一个恶作剧导致一人伤残成植物人数人判罪入狱，教训是深刻，代价是沉重。

班主任老师和学校尤其要加强责任心，及时发现矛盾，解决纠纷，防止酿成大祸。不仅关注学生的学习，还应关注学生的心理健康。培养学生宽于待人、乐观向上的心态，如果发现学生异常，要及时了解情况并帮助学生解决问题，引导他们走上正确的人生道路，避免误入歧途，遗憾终生。

学生本人，学习法律知识，树立法制观念，增强遵纪守法的自觉性，规范自己的言行。与同学相处要团结友爱、互相关心，不要斤斤计较、自私狭隘，更不能因琐事就大打出手，导致违法犯罪，锒铛入狱。

五、代某某、陈某、李某、冯某、麻某某犯故意伤害罪案

（一）基本案情

2012年4月27日21时许，丰宁满族自治县凤山二中八年级二班学生李某某与被告人代某某因琐事发生口角，被告人代某某便召集被告人李某、冯某某、陈某、麻某某等人持墩布把、木棍等工具到李某某所在宿舍对李某某及其同宿舍的同学张某某、吕某等人进行殴打，李某某、张某某被打伤。经丰宁满族自治县公安局法医学人体损伤检验鉴定：李某某的损伤程度为重伤，张某某的损伤程度为轻伤。在诉讼过程中，五被告人的法定代理人与被害人李某某、张某某达成民事赔偿协议并已赔偿经济损失。另查明，被告人代某某生于1997年2月10日；被告人李某生于1997年1月16日；被告人冯某生于1997年5月7日；被告人陈某生于1997年3月1日；被告人麻某某生于1997年3月24日。

（二）裁判结果

河北省丰宁满族自治县人民法院审理后认为，被告人代某某、李某、冯某、陈某、麻某某故意伤害他人身体致一人重伤、一人轻伤的行为构成故意伤害罪。公诉机关指控的事实清楚，证据充分，罪名成立。五被告人共同实施故意伤害行为，属于共同犯罪。五被告人案发时均未年满十八周岁，系未成年人，辩护人认为依法可减轻处罚的辩护意见，本院予以采纳。五被告人在案发后均有悔罪表示，其法定代理人与被害人达成民事赔偿协议，取得了被害人的谅解，辩护人认为均可酌情从轻处罚的辩护意见，予以采纳。被告人麻某某的辩护人认为被告人麻某某系从犯的辩护意见与事实不符，该辩护意见不予采纳。为保护公民身体的健康权利不受侵犯，打击犯罪。依据《中华人民共和国刑法》第二百三十四条、第二十五条、第十七条第三款、第七十二条及《最高人民法院、最高人民检察院、司法部关于适用普通程序审理“被告人认罪案件”的若干意见（试行）》第九条之规定，认定被告人代某某犯故意伤害罪，判处有期徒刑二年，缓刑四年；被告人李某犯故意伤害罪，判处有期徒刑一年零六个月，缓刑三年；被告人冯某犯故意伤害罪，判处有期徒刑一年零六个月，缓刑三年；被告人陈某犯故意伤害罪，判处有期徒刑一年零六个月，缓刑三年；被告人麻某某犯故意伤害罪，判处有期徒刑一年零六个月，缓刑三年。

被告人未上诉，检察机关未抗诉，判决已发生法律效力。

（三）典型意义

本案是一起校园暴力犯罪案件，案发时被告人均是未成年人。是一起因同学之间产生纠纷未能得到及时解决，事态进一步扩大导致的校园暴力事件。以上案件提醒学校方应该加强校园和周边环境的管理。学校还应与公安部门加大对学校周边人员的管理，并且建立良好的沟通渠道，减小学生被校外人员侵犯的可能性。从法律层面加强对此类犯罪的规制。现有《未成年人保护法》、《教育法》对未成年人保护及校园安全尚需通过制定完善细则增强可操作性，也可进一步修改完善或制定新的法律法规，明确学校、家长、社会各方的责任，建立健全在校学生人身保护的相关制度，同时，要健全校园纠纷调解、处理机制，及时化解纠纷，防止矛盾激化或转化；另外，对被侵害人不仅要从心理上而且从经济上给予救助，以防止被害人转化为新的犯罪人。

六、许某某、冯某甲、冯某乙、闫某某、王某某故意伤害案

（一）基本案情

被告人许某某、冯某甲、冯某乙、闫某某、王某某及被害人桑某案发当时均系满族自治县实验中学高一十八班学生。2014年4月26日7时许，在高一十八班教室上早自习期间，被告人冯某甲和被害人桑某因琐事发生口角，后二人相互厮打。被告人冯某乙、许某某、王某某、闫某某上前拉架没有拉开，冯某乙、许某某、王某某、闫某某遂共同对桑某进行殴打，致桑某受伤。当日9时桑某到某满族自治县医院住院治疗，经诊断为腹部损伤（闭合性）脾破裂，胰尾挫伤，腹膜后血肿，后桑某做脾切除、腹腔引流术。经某满族自治县公安局法医检验鉴定，桑某的损伤程度为重伤二级。案发后五被告人亲属与被害人及其亲属达成民事赔偿协议，共同赔偿被害人桑某各项经济损失492000元，取得被害人谅解。另查明：被告人许某某于1997年8月6日出生，被告人冯某甲、冯某乙于1997年2月14日出生，被告人闫某某于1997年7月15日出生，被告人王某某1996年8月26日出生，案发时均系未成年人。

（二）裁判结果

河北省某满族自治县人民法院审理后认为，被告人许某某、冯某甲、冯某乙、闫某某、王某某故意伤害他人身体致人重伤的行为构成故意伤害罪。公诉机关指控被告人许某某、冯某甲、冯某乙、闫某某、王某某犯故意伤害罪，罪名成立。五被告人共同实施犯罪行为，属于共同犯罪。被告人许某某、冯某甲、冯某乙、闫某某、王某某犯罪时均未满十八周岁，属于未成年犯罪，辩护人认为依法应当减轻处罚的辩护意见，予以采纳。被告人冯某甲、冯某乙、王某某案发后认罪态度较好，取得被害人谅解，有悔罪表现，依法可从轻处罚。被告人许某某案发后虽主动投案，但当庭未能如实供述犯罪事实，辩护人认为被告人许某某属于自首的辩护意见，本院不予采纳，被告人许某某亲属赔偿被害人经济损失，取得被害人谅解，可从轻处罚。被告人闫某某案发后能够认罪，其亲属赔偿了被害人经济损失，取得被害人谅解，可从轻处罚。依据《中华人民共和国刑法》第二百三十四条第二款、第二十五条、第十七条、第七十二条、《中华人民共和国刑事诉讼法》第二百七十九条、《最高人民法院关于适用〈中华人民共和国刑事诉讼法〉的解释》第五百零五条之规定，认定被告人许某某犯故意伤害罪，判处有期徒刑三年，缓刑五年;被告人冯某甲犯故意伤害罪，判处有期徒刑二年，缓刑四年;被告人冯某乙犯故意伤害罪，判处有期徒刑二年，缓刑四年;被告人闫某某犯故意伤害罪，判处有期徒刑二年，缓刑三年;被告人王某某犯故意伤害罪，判处有期徒刑一年，缓刑二年。

（三）典型意义

本案是一起校园暴力犯罪案件，案发时被告人均是未成年人,是一起因同学之间产生纠纷未能得到合理解决，事态进一步扩大导致的校园暴力事件。该案件提醒学校方应该加强校园和周边环境的管理。学校还应与公安部门加大对学校周边人员的管理，并且建立良好的沟通渠道，减小学生被校外人员侵犯的可能性。从法律方面来加强对此类犯罪的规制。现有《未成年人保护法》、《教育法》对未成年人保护不足以保护校园安全，需要进一步修改完善或制定新的法律法规，明确学校、家长、社会各方的责任，建立健全被害人的国家援助制度，不仅从心理上而且从经济给予救助，防止被害人转化为新的犯罪人。

七、马某故意杀人案

（一）基本案情

被告人马某在唐山市丰南区职教中心上学期间因认为多次遭同班同学田某某欺负，心生不满。2013年6月3日上午，被告人马某事先购买了折叠刀，当日11时许返回学校，在校内钳工实习车间的西北角找到田某某，用事先准备的折叠刀连续朝田某某胸、腹部扎刺数刀，致其心脏破裂、心脏功能障碍死亡。案发后，被告人马某主动委托学校领导报案。在诉讼过程中，被告人家属与被害人亲属就民事赔偿达成和解协议，由被告人马某亲属赔偿被害人田某某亲属经济损失人民币80000元（已给付）。

（二）裁判结果

唐山市丰南区人民法院经审理认为，被告人马某为泄愤报复，故意非法剥夺他人生命，其行为已构成故意杀人罪。但被告人马某作案后能够主动委托学校领导投案，并在现场等候公安机关出警，到案后如实供述犯罪事实，应认定有自首情节。且被告人马某犯罪时未满十八周岁，能够积极赔偿被害人家属经济损失。综合以上情节，可依法和酌情对被告人马某从轻处罚。依照刑法等有关规定，认定被告人马某犯故意杀人罪，判处有期徒刑十二年。被告人未上诉，检察机关未抗诉，判决已发生法律效力。

（三）典型意义

近年来，本来宁静的校园不再太平，暴力事件时有发生，本案是一起在校园故意杀人的恶性事件，被告人马某因法制观念淡薄、自控能力差，选择了用极端方式发泄不良情绪，发生惨案，给双方家庭以沉重的打击。在校园生活中，同学之间的交往难免有磕碰，尤其是在十六、七岁青春萌动的年纪，易怒、易冲动的特质，易将矛盾升级，如果得不到有效的化解，易产生过激的行为。经调查分析，被告人马某性格内向，受挫后将困惑和痛苦积压于内心且长久无法释放，情绪爆发后实施了报复杀人的行为，无情地剥夺了他人的生命权。考虑到被告人马某具有法定和酌定从轻处罚情节，对其判处有期徒刑十二年，体现了罪责刑相适应的原则。

八、赵某某、艾某、牛某寻衅滋事案

（一）基本案情

2011年11月14日16时30分许，被告人赵某某、艾某、牛某某均系唐山市对外经济贸易学校学生，在该校食堂吃饭时遇见唐山市能源职业技术学院的学生被害人王某某，三人无故对其殴打，致其轻伤并造成各项经济损失共计人民币23111.96元。艾某、牛某某的法定代理人在侦查阶段、赵某某的法定代理人在二审审理阶段对王某某的损失进行了一次性补偿并取得谅解。

（二）裁判结果

唐山市路北区人民法院认为，被告人赵某某、艾某、牛某某随意殴打他人，情节恶劣，其行为均已构成寻衅滋事罪。三被告人犯罪时均未成年，故依法对其三人从轻处罚。被告人艾某、牛某某积极赔偿被害人王某某的损失，取得了谅解，故依法对其二人酌情从轻处罚。三被告人当庭认罪态度较好，故依法对其三人酌情从轻处罚。鉴于被害人王某某系未成年人，故依法对三被告人酌情从重处罚。依照刑法等相关规定，以寻衅滋事罪分别判处被告人赵某某有期徒刑一年、判处被告人艾某有期徒刑八个月，缓刑一年、判处被告人牛某某拘役六个月，缓刑一年。宣判后，被告人赵某某以原判量刑过重为由提出上诉，其原法定代理人赵建军以赵某某不构成寻衅滋事罪、原判量刑过重、赔偿数额过高为由提出上诉。唐山市中级人民法院审理认为，原审判决对三原审被告人定罪准确，量刑适当，审判程序合法。关于上诉人赵某某、赵建军所提上诉理由，不予支持。鉴于二审期间赵某某之家属能够积极赔偿被害人经济损失并取得谅解，依法可酌情对其从轻处罚。依法改判被告人赵某某有期徒刑十个月；被告人艾某、牛某某刑期不变。

（三）典型意义

本案是一起在校园寻衅滋事的典型案例，三被告人只因看被害人不顺眼，随意进行殴打，三人无视组织纪律，肆意妄为，逞强耍横，最终造成了严重的后果，走向了违法犯罪的深渊。本案给家庭、校园及社会敲响了警钟，将未成年人犯罪扼杀在摇篮里，责任重大。倘若三被告人平时自由散漫的性格及心理能够得到及时的疏导，此事件完全可以避免。虽然三被告人为此承担了相应的法律责任，但是打击校园暴力还应注重防范于未然，加强法制教育及宣传、关注未成年人心理健康至关重要。

九、周某某故意伤害案

（一）基本案情

2013年8月27日中午，三河市中学学生周某某在宿舍内吃饭时，因同学吴某和杨某抢吃其饭菜，遂与吴某发生矛盾。事后，吴某通过同学贾博某两次传话给周某某，约周某某于8月29日中午放学后在三河市宏盛生态园见面解决此事。周某某答应并于8月28日在其学校东边一商店购买一把水果刀。8月29日11时30分许，周某某走出校门时，看到了已经在学校门口等候的吴某与多名学生，吴某带着几个同学将周某某叫到三河市宏盛生态园小广场附近，吴某用木棍击打周某某头部，被周某某躲开打到周某某手上，周某某随即从衣兜内掏出事先购买的水果刀将吴某左臂及左腰部扎伤，后又将上来推周某某的张某某左上肢、左膝处扎伤。吴某的损伤程度经廊坊市公安局法医鉴定为重伤。张的损伤经三河市公安局法医鉴定为轻微伤。案发后，周某某电话告知父母其将同学扎伤，随后即去三河市医院看望吴某。在三河市医院，周某某将作案工具交予公安人员，并到李旗庄派出所接受公安机关讯问。

（二）判决结果

本案证据表明，被告人周某某在与同学产生纠纷后不能妥善处理，采取暴力手段将同学扎成重伤，其行为已构成故意伤害罪。被告人周某某在吴某手持木棍击打其头部，身体健康权受到威胁的情况下，从其衣服兜内掏出水果刀予以还击，是为制止吴某的不法侵害的防卫行为，但造成吴某重伤的严重后果明显超出正当防卫的必要限度，故被告人周某某的行为属防卫过当。此外，案发当日，被告人周某某扎伤吴某后主动到医院看望，并将作案工具交给公安民警，接受讯问，次日按公安机关的传唤时间及时到案，且如实交代了犯罪事实，其行为体现了投案的主动性和自愿性，依照法律规定，可视为具有投案自首情节。同时，被告人周某某犯罪时不满十七周岁，而且案发后周某某的法定代理人赔偿了被害人的部分损失。鉴于以上犯罪事实和量刑情节，判决被告人周某某犯故意伤害罪，判处有期徒刑一年七个月。

（三）典型意义

针对本案是一起在校生之间的伤害案件，被告人和被害人均系未成年人，故此，案件庭审前，合议庭进行了仔细的案情梳理分析，并精心制定审理方案。庭前，合议庭特别联系了学校的教务主任和老师，邀请他们作为爱心感教员参与庭审，意图让被告人和被害人平时较熟悉的人对他们进行较好的感化。庭审中，合议庭及公诉人分别对被告人及被害人进行相关的法律教育后，出庭的学校老师也对被告人进行了忠告和劝导。最终，被告人不仅当庭认罪，悔不当初，而且诚心诚意的向被害人及其亲属表示了歉意。另一方面，学校教务主任和老师在听完庭审后，感触良多。他们表示，之前只是在校内对学生进行了日常管理和简单的法律教育，深度不够。参加这样一次庭审，使他们感到对学生的日常法制教育势在必行，而且要不断深入，今后在学校管理中务求多进行法制宣传，积极开展预防青少年犯罪的教育活动。

十、刘某某故意伤害案

（一）基本案情

2012年11月28日18时左右，永清县中学高二年级学生赵某某因琐事与同年级学生刘某某发生口角。当晚，赵某某纠集同学肖某及被害人缑某某等人到刘某某的宿舍找被告人刘某某，双方相约打架。当晚10时左右，学校宿舍熄灯后，赵某某与肖某、缑某某等人再次去找刘某某，途中在宿舍楼道内赵某某等人与刘某某相遇并发生了口角，缑某某先冲上前踹了刘某某，刘某某便和缑某某相互殴打起来，赵某某、肖某也一同上前对刘某某进行殴打。打斗过程中，被告人刘某某用随身携带的水果刀扎被害人缑某某，致其头部受伤倒地，后被送往医院救治，2012年12月23日，被害人缑某某经医治无效死亡。经鉴定，缑某某系生前被他人以锐器刺穿头部致开放性颅脑损伤死亡。2013年7月1日，河北省永清县人民检察院以被告人刘某某犯有故意杀人罪向河北省永清县人民法院提起公诉，同年9月29日，以被告人赵某某、肖某犯有聚众斗殴罪提起公诉。

（二）判决结果

河北省永清县人民法院经审理认为，被告人刘某某在打斗过程中，持刀故意伤害被害人身体，致其死亡，其行为构成故意伤害罪；被告人刘某某一人与对方多人打架，认定其有聚众斗殴行为，显然不当；被告人刘某某与被害人之间无明显矛盾，且无证据表明被告人刘某某有杀人的动机和目的，因此公诉机关指控被告人刘某某适用《中华人民共和国刑法》第二百九十二条第二款和第二百三十二条的规定，构成故意杀人罪不予支持。被告人刘某某犯罪时不满十八周岁，依法减轻处罚。被告人刘某某自动投案并如实供述犯罪过程，系自首，依法减轻处罚。被告人刘某某在亲属帮助下赔偿了被害人亲属的经济损失，并得到被害人亲属的谅解，酌情从轻处罚。综合考虑被告人刘某某认罪、悔罪态度和一贯表现，被害人存在过错等情节，认定被告人刘某某犯故意伤害罪，判处有期徒刑四年。宣判后，河北省永清县人民检察院提起抗诉，河北省廊坊市中级人民法院判决维持原判。现判决已发生法律效力。河北省永清县人民法院于2012年10月23日认定被告人赵某某、肖某犯聚众斗殴罪，分别判处有期徒刑两年六个月，缓刑三年和免予刑事处罚。

（三）典型意义

本案是一起典型的校园伤害中故意伤害致死的案件。近些年，校园伤害案件数量逐步攀升，轻则寻衅滋事、聚众斗殴，重则故意伤害、故意杀人。此类校内学生互殴的案件应引起高度关注，一是关注在校青年与他人发生矛盾动辄便纠集他人、拉帮结伙，这种表面上的哥们义气的心态在学校中应当成为教育中的一部分，友谊是人生的美酒，但在交友与处事过程中应当增强辨别是非的能力，无原则的为了朋友两肋插刀的武侠情结不值得提倡，和什么人一起，去做什么事，都应当充分的考虑后果。二是此类侵害人和被侵害人同为未成年的案件在处理过程中应当引起重视和反思。当今社会获取信息渠道很多，已达18岁临界点的未成年人心理及辨别是非能力均已达到成年人水平，在社会广泛关注以及给予特殊保护的同时，未成年人自身也要充分自尊、自爱、自重，凡事不要冲动而为，三思后行，以防一时的冲动给他人造成无法弥补的损失，也葬送了自己的前途未来。本案针对此特殊性，在充分维护被害人合法权益的同时，也尽量的考虑未成年被告人的前途发展，给予他们改过自新的机会，在事实证据的基础上，改变了检察院起诉被告人刘某某的故意杀人罪的罪名，改判为故意伤害罪，同时对三个未成年被告人在量刑上均从宽考虑，在已达到教育目的的基础上，帮助他们早日回归社会。

十一、燕某故意伤害案

（一）基本案情

被告人燕某同被害人李某同校同学。2013年4月12日早自习时，被告人燕某与同校高一232班学生毕某发生矛盾。当日中午，毕某同班好友李某找到被告人燕某要求其向毕某赔礼道歉，双方再次发生口角。在广宗县第一中学宿舍楼道内，被告人燕某用墩布杆将李某头部右侧打伤，经鉴定被害人李某伤情为重伤。案发后，被告人燕某主动到公安机关投案，赔偿被害人李某各项损失人民币80000元，并取得被害人谅解。

（二）裁判结果

河北省广宗人民法院认为，被告人燕某不能冷静处理与同学之间的矛盾纠纷，故意伤害他人身体，致人重伤，其行为已构成故意伤害罪。广宗县人民检察院指控罪名成立，本院予以确认。案发后被告人燕某主动到公安机关投案，如实供述所犯罪行，应认定为自首，并积极赔偿被害人经济损失，取得被害人谅解，且案发时未满十八周岁，应当减轻处罚。辩护人辩称被告人有自首情节，犯罪时系未成年人，请求减轻的辩护意见法院予以支持。依照刑法有关规定，以故意伤害罪判处被告人燕方某有期徒刑一年，缓刑一年。

（三）典型意义

本案系典型的校园暴力犯罪事件，同学之间发生矛盾理应冷静处理，而被告人燕某不能冷静处理与同学之间的矛盾纠纷，故意伤害他人身体，致人重伤，构成犯罪。因其具有自首情节，赔偿被害人经济损失，取得被害人谅解且犯罪时系未成年人，应依法从轻处罚，故作出上述判决。

十二、王某某故意伤害案

（一）基本案情

2013年4月21日16时许，周某与高某在南和县“北极星”网吧门口遇到以前和高某有过争执的王某某，高某和王某某言语不和发生打架，王某某掏出匕首划伤高某左臂处，周某上前帮忙打架，被王某某用匕首将右膝处捅伤。

2014年9月19日12时许，南和县一中学生李某某与刘某某因为班级管理产生矛盾，李某某叫上王某某、张某某等人，刘某某叫上杨某某、丁某某等人，双方约在南和县和阳广场打架。李某某、王某某、张某某对刘某某进行殴打，打完架后，杨某某又同刘某某、丁某某等人追上王某某一伙，杨某某与王某某发生口角，杨某某上前踹王某某，王某某掏出匕首刺伤杨某某后腰部。

（二）裁判结果

河北省南和县人民法院经审理认为，被告人王某某故意伤害他人身体，2013年4月21日致被害人周某、高某二人轻伤，被告人在取保候审期间又致被害人杨某某轻伤。本案中被告人王某某系未成年人，依法应当对其从轻处罚；被告人认罪态度好，对被害人周某、高某进行了赔偿，取得了被害人周某、高某谅解，依法可以酌情对被告人从轻进行处罚。

依照刑法相关规定，以故意伤害罪判处被告人王某某有期徒刑二年六个月。宣判后，被告人王某某提出上诉。河北省邢台市中级人民法院审理过程中，被告人王某某又提出撤诉，河北省邢台市中级法院裁定准许被告人王某某撤诉。现判决已生效，被告人已交付执行。

（三）典型意义

本案是一起典型校园暴力案例。第一，本案反应了未成年人校园管理存在漏洞。本案中被告人与被害人均系未成年人；第二，本案反应出校园暴力犯罪具有反复性。本案中被告人王某某致被害人周某、高某轻伤后，其母亲在王某某犯罪后表现出过度溺爱，四处借钱调解此事。在取保候审期间王某某再次犯罪。第三，校园暴力犯罪案件中，受害人维权意识淡薄，通常采取以暴制暴的方式，而非积极采取法律途径解决问题。本案中被告人本来是被欺负的受害者，但未能采取正当手段维护自身利益，解决问题，反而随身携带管制刀具，以暴力的手段实施报复行为，由受害者变为害人者，导致恶性结果。

十三、吴某某、郭某某、陈某、王某某、王某寻衅滋事案

（一）基本案情

（1）2012年5至6月间，被告人吴某某、郭某某、陈某、王某等人在邢台市桥西区紫金公园内，以解决邢台市矿务局技校学生石某某与徐某某之间纠纷为由，强行要走石某某现金190余元及黑色金鹰牌摩托车一辆。经鉴定，摩托车价值人民币3681元。（2）2012年5月17日，被告人吴某某、郭某某、陈某、王某等人在邢台技师学院4号公寓206宿舍内，以解决该校学生侯某某医药费纠纷为由，强行要走丁某某、姚某某手机各一部及现金10余元。经鉴定，两部手机价值共计人民币853元。（3）2012年5月20日，被告人吴某某、郭某某、陈某、王某等人在邢台技师学院4号公寓443宿舍内，无故强行要走该校学生赵某、郝某某现金40余元。（4）2012年6月份，被告人吴某某在邢台技师学院4号公寓443宿舍内，无故强行要走该校学生华某现金60余元。（5）2012年8月27日下午7时许，被告人陈某、王某某、王某等人在邢台技师学院操场内，无故对该校学生许某某进行殴打，致许某某两侧鼻梁骨骨折。经鉴定，许某某的伤系轻伤。附带民事诉讼原告人许某某受伤后在邢台眼科医院住院治疗13天，支付医疗费共计5911.49元。

（二）裁判结果

邢台市桥西区人民法院经审理认为，被告人吴某某、郭某某、陈某、王某某、王某强拿硬要他人财物，情节严重，无故随意殴打他人，致二人轻伤，情节恶劣，破坏社会秩序，其行为均已构成寻衅滋事罪，依法应予惩处。公诉机关指控各被告人犯罪事实清楚、证据确实充分，指控罪名成立。被告人吴某某、郭某某、陈某多次犯罪，犯罪对象为未成年人，在校生，酌定从重处罚。被告人吴某某、郭某某、陈某、王某犯罪时不满十八周岁，依法从轻处罚。被告人郭某某协助公安机关抓获同案犯，应认定为有立功表现，依法从轻处罚。被告人王某案发后主动到公安机关投案，如实供述犯罪事实，系自首，依法从轻处罚。被告人王某在起诉书指控一、二、三起犯罪时不满十六周岁，未达到法定追究刑事责任年龄，依法不予刑事处罚。五被告人当庭自愿认罪，被告人陈某、王某某、王某主动赔偿了被害人的经济损失，取得了被害人及亲属的谅解，酌定从轻处罚。对上述被告人的辩护人提出的被告人犯罪时不满十八周岁，系未成年人，系初犯，认罪态度较好等辩护意见，本院予以采纳。由于被告人陈某、王某某、王某的伤害行为给另一被害人徐某某造成的经济损失，被告人陈某及其法定代理人陈某某，被告人王某某、被告人王某及其法定代理人王某新依法应当承担民事赔偿责任。根据附带民事诉讼原告人提交的证据及相关标准。依照最高人民法院《关于审理人身损害赔偿案件适用法律若干问题的解释》第十七条规定，应认定附带民事诉讼被告人陈某、法定代理人陈某某，被告人王某某，被告人王某、法定代理人王某新赔偿附带民事诉讼原告人许某某及其法定代理人吴某云以下经济损失，医疗费5911.49元，交通费200元，护理费住院1300元，住院伙食补助费650元，营养费500元，共计人民币8561.49元。对附带民事诉讼原告人许某某提出的其他医疗费证据（处方）因不符合相关规定和其他诉讼请求本院不予支持。综上各被告人犯罪事实、情节、次数、社会危害程度、认罪态度及悔罪表现。依照《中华人民共和国刑法》第二百九十三条第一款，第三十六条第一款、第十七条、第六十七条第一款，最高人民法院《关于处理自首和立功具体应用法律若干问题的解释》第一条、第五条，《中华人民共和国民法通则》第一百一十九条、第一百三十条、第一百三十三条之规定判处被告人吴某某犯寻衅滋事罪，判处有期徒刑一年二个月。被告人郭某某犯寻衅滋事罪，判处有期徒刑十一个月。被告人陈某犯寻衅滋事罪，判处有期徒刑一年四个月。被告人王某某犯寻衅滋事罪，判处有期徒刑一年。被告人王某犯寻衅滋事罪，判处有期徒刑十个月，缓刑一年。被告人陈某及其法定代理人陈某某，被告人王某某，被告人王某及其法定代理人王某新赔偿附带民事诉讼原告人徐某某及其法定代理人吴某云各项经济损失共计人民币8561.49元。驳回附带民事诉讼原告人徐某某提出的其他诉讼请求。

（三）典型意义

随着我国社会的不断发展，校园未成年犯罪呈上升趋势，越来越多地成为寻衅滋事罪的犯罪主体，这些未成年人大多对该罪主观上没有认识，对犯罪行为的危害性没有认识，甚至有被告人并不认为自己的行为有何不妥。具体言之，可以概括为以下几点内容：(1)影视剧多存在暴力情节，并多以所谓的“义气”为正面讴歌的主题。这就使得尚无完全辨别能力的青少年产生模仿的心理，当现实生活中出现类似的情况时，他们很容易“寄情于景”，从而诱发犯罪。(2)网络资信泛滥，缺乏监管。网络的发展与普及一方面给人们的获取知识带来便利同时，也产生了一个很严峻的问题：资信信息审核不严，导致各种资信泛滥，不良信息严重侵蚀着未成年人的思想。(3)网络游戏多血腥、暴力。网络游戏中的虚拟世界在极大的满足青少年感官刺激的同时，也极大地影响着他们单纯的心理和行为。一旦在现实生活中遇到类似游戏中的情形，游戏中的“我”与现实中的“我”发生重合，极易引发犯罪。本案属于一起典型的校园寻衅滋事案件，上述各被告人根据各自的犯罪次数、性质、情节及社会危害程度均受到相应的刑事惩处。通过本案，可以显现出父母、学校对孩子的教育缺失。在家庭教育上，父母缺乏对孩子的正面教育、道德教育，正确行为教育和理想教育，过分溺爱使很多孩子缺乏责任心和上进行。在学教教育上，过分强调应试教育，疏忽了对孩子人格的塑造，“唯分数论”给成绩不理想的学生造成极大压力，导致孩子自暴自弃，放纵自我，最终走上犯罪的道路。父母是孩子最好的老师，也是第一任老师，家庭教育对孩子成长至关重要，家长应当对未成年人进行正确的家庭教育，促进未成年人的健康成长。在学校教育上，学校一方面应当大力宣传重视加强法制教育，将基本法律知识列入其必修课程之内，另一方面要建立心理咨询室，及时疏导未成年人的心理，从心理上减少其犯罪的因素。

十四、贾某某故意伤害案

（一）基本案情

2009年10月，被告人贾某某与同校学生李某在学校男厕所内因身体碰撞而发生冲突，贾某某对李某进行殴打并用随身携带的一把长约10公分的水果刀将其后背刺伤，造成李某右侧开放性血、气胸。经新河县公安局法医鉴定，认定李某的伤情已构成轻伤。被告人贾某某作案时已满十四周岁不满十八周岁。被告人贾某某的监护人与被害人的监护人就民事赔偿达成调解协议，并赔偿了被害人各项经济损失1.6万元。

（二）裁判结果

新河县人民法院经审理认为，被告人贾某某故意伤害他人身体，致人轻伤，其行为已构成故意伤害罪。被告人贾某某已满十四周岁、未满十八周岁，适用刑法相关规定，应当从轻或减轻处罚。依照刑法有关规定，以故意伤害罪判处被告人贾某某有期徒刑六个月，缓刑一年。

（三）典型意义

这是一起典型的在校学生犯罪案例。学校是未成年人犯罪的重灾区，青少年在校期间正是增长阅历，塑造人生观、世界观的关键时期，极易受到校外不良青少年及不良影视作品的影响，对青少年的为人处世形成不良冲击，造成不良的后果。对此学校应结合家庭进一步加强未成年人法制教育，从源头卡住犯罪的苗头，从而杜绝校园暴力，维护校园安全。另外，对于未成年人实施伤害未成年人犯罪的，应当坚持双向保护原则，在依法保护未成年被害人的合法权益时，也要依法保护未成年被告人的合法权益。《最高人民法院关于审理未成年人刑事案件具体应用法律若干问题的解释》第11条第1款规定：对未成年罪犯适用刑罚，应当充分考虑是否有利于未成年犯罪的教育和矫正。本案中，根据“教育为主、惩罚为辅”的原则和“教育、感化、挽救”的方针，对未成年被告人贾某某判处有期徒刑六个月，缓刑一年。

十五、刘某某故意伤害案

（一）基本案情

2013年9月25日22时许，被告人刘某某组织大名县北峰乡北峰中学303宿舍8名学生和211宿舍6名学生在303宿舍内打斗，在打斗过程中荣某某（另案处理）和刘某鹏等人互相殴打，致刘某鹏死亡。经鉴定，刘某鹏符合急性心肌炎、间质性肺炎致呼吸循环衰竭死亡，打斗、情绪激动系诱发原因。

（二）裁判结果

河北省大名县人民法院认为被告人刘某某目无国法，教唆他人故意伤害他人身体致人死亡，已构成故意伤害罪。被告人刘某某系未成年人，其亲属赔偿了被害人亲属经济损失，取得了被害人谅解，依法应当对被告人减轻处罚。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七年。宣判后，刘某某提出上诉。河北省邯郸市中级人民法院经依法审理，裁定驳回上诉，维持原判。

（三）典型意义

未成年人犯罪已成为全社会关注的问题，其中有未成年人自身原因，亦有家庭教育不到位的原因。本案中，刘某某组织不具有刑事责任能力的荣某某和刘某鹏等人互相打架斗殴，在斗殴过程中，荣某某致刘某鹏死亡，刘某某作为组织者应对伤害行为的后果承担责任。其家庭本应对刘某某加强教育，多关心孩子的成长，为孩子树立正确的人生观、价值观，但刘某某的家长忽视了教育的重要性，在孩子犯罪后报憾。

十六、李某某故意伤害案

（一）基本案情

2014年7月1日22时许，被告人李某某与同学吴某某在河北省献县第一中学迎春校区男生宿舍发生争执，几分钟后，王某让同学将李某某叫到6楼621宿舍，李某某预感到可能要打架，将刀子放入兜中，到宿舍后，被害人王某、王某某、彭某某等人与李某某发生打斗，在此过程中，李某某用刀子将王某、王某某、彭某某三人扎伤。经鉴定，王某胸部外伤属重伤二级，王某某肢体多处外伤属轻伤一级，彭某某右下肢外伤属轻伤二级。民事部分双方当事人已达成调解协议，取得谅解。

（二）判决结果

河北省献县人民法院认为，被告人李某某持刀故意伤害他人身体，致一人重伤，二人轻伤，其行为已构成故意伤害罪，应予处罚。被告人李某某系未成年人，具有自首情节，积极赔偿被害人损失，并取得谅解，应依法减轻处罚。本着对未成年人犯罪教育为主，惩罚为辅的原则，根据其犯罪情节和悔罪表现，适用缓刑确实不致再危害社会，可依法宣告缓刑。依照《中华人民共和国刑法》第十七条、第二百三十四条、第七十二条、第七十三条之规定，认定李某某犯故意伤害罪，判处有期徒刑二年六个月，缓刑三年。被告人不上诉，检察机关不抗诉，判决已发生法律效力。

（三）典型意义

本案中被告人最初是受欺凌地位，因预感到王某等同学可能会对自已不利，便准备好工具前往，未能妥善处理关系，引起本案的发生。校园应加强对学生法律知识的宣传，我们认为刑罚并不是解决校园暴力问题的良策，学校应多组织同学们进行交流、协作的活动，增强集体观念，增强团结友爱的意识。对学生日常生活引起重视、杜绝携带刀具等危险物品入校园，现在的校园存在一个学生人数多、老师人员少，管理可能达不到细致到位的情况。我们建议教职员要负起责任，对学生的学习、身心教育同步关心，给学生创造良好的学习、成长环境。

通过审判未成年人案件，我们也发现多数犯罪少年都是父母离异或是在外打工，不跟随父母一起生活，家庭教育缺失，可能导致性格上的孤辟、内向，遇事不爱表达，爱钻牛角尖，孩子的家庭成长环境是至关重要的，校园教育再好也不能替代家庭。有的孩子从小到大，在脑海中就没有贮存过关爱他人、与人为善的思想，写满他人生字典的，可能就是侵犯我的利益就不行，其心里不痛快就一定要发泄出来等不健康的心理。所以，家庭对孩子的教育是至关重要的，不要只爱自已的孩子，感到他受一点儿委屈也不行，别人家的孩子怎样都无所谓，这样无形之中就对孩子的身心健康有一种错误的导向，最终影响孩子的健康成长。

本案被告人是高中学生，虽然我们法律对该类犯罪规定了案件封存制度，但对其考大学、就业是否存在影响也未可知，我们希望有关部门更加关心该类案件未成年人的成长问题，给他们一次重新做人，选择人生的机会。

十七、范某某、袁某、郭某某寻衅滋事案

（一）基本案情

被告人郭某某、刘某（另案处理）系涞水县职业技术教育中心的学生。2013年9月25日21时许，刘某与同学因琐事发生打架并受伤，郭某某联系范某某，后范某某、袁某、战某某（另案处理）、吴某某（另案处理）等人进入校园。在刘某等人的带领下，范某某等人进入男生宿舍，在206室、104室、学校操场等地随意殴打学生，致使学生王某某、陈某某受轻微伤，部分学生逃离学校，造成学校工作生活秩序严重混乱。

另查明，被告人郭某某与被害人王某某、陈某某就伤害赔偿达成和解协议，并履行完毕，王某某、陈某某对郭某某表示谅解。

（二）裁判结果

被告人范某某、袁某、郭某某因刘某与同学之间的矛盾纠纷借故生非，在校园内持械随意殴打学生，致两名学生受轻微伤，破坏校园秩序，情节恶劣，三被告人的行为构成寻衅滋事罪，公诉机关指控罪名成立，本院予以支持。被告人袁某未成年时曾因盗窃罪被判处刑罚，从重处罚。三被告人归案后认罪悔罪，酌予从轻处罚，被告人郭某某犯罪后积极赔偿被害人的损失，取得受害人的谅解，对被告人郭某某从轻处罚，对辩护人的相关意见，本院予以采纳。被告人郭某某在得知同学刘某受伤后，积极联系校外人员并参与殴打学生，对辩护人提出其是从犯的观点不予采纳。据此，为保护公民人身权利，维护公共秩序，惩罚犯罪，依照刑法有关规定，判处被告人袁某有期徒刑一年六个月，判处被告人范某某有期徒刑一年四个月，被告人郭某某有期徒刑一年一个月，缓刑三年。

（三）典型意义

校园是传播知识、培育未来的殿堂，素来就是神圣而不可侵犯的地方，侵害校园的暴力犯罪更是法律的严厉打击对象。本案中部分被告人也系在读的校园学生，本应是好好读书、汲取知识的年龄，却认识了社会上的不良青年，并将其引入校园，参与学校同学间因琐事引起的纠纷，并肆意殴打其他无辜学生，最终触犯了法律，走上了犯罪的道路。青少年在成长过程中是非观念还不是很清晰，世界观、价值观很容易被人左右，因此认识什么样的人、受到什么样的引导至关重要。本案的诱因仅仅是因为同学间的琐事争吵，却因为缺少正确的引导和解决问题方式，最终招致了校外人员的参与，触犯了刑法。考虑到本案的第三被告系在校学生，与被害人也达成了赔偿谅解协议，最终法院对其作出了缓刑的上述判决。

十八、钱某某、武某某、李某某抢劫案

（一）基本案情

2014年7月12日下午，被告人钱某某、武某某、李某某与王某、何某某（二人未满14周岁）商议到蠡县广场去玩耍。在前往广场的路上王某提议抢劫，其他人均表示同意。16时许，在蠡县广场建设银行门口，五人共同拦住张某某，何某某将张某某踹倒，王某对其殴打，二人并对其威胁，后五人将被害人伊某蓝白相间喜德盛山地自行车一辆抢走。经鉴定该山地车价值1116元。同月14日下午3时许，被告人李某某又伙同王某、何某某在蠡县城内原聋哑学校西侧胡同内抢劫李某某黑色杰玛仕牌山地自行车一辆。经鉴定该山地车价值1100元。

（二）裁判结果

被告人钱某某、武某某、李某某以非法占有为目的，伙同他人以暴力、胁迫方法抢劫他人财物，其中被告人钱某某、武某某参与抢劫一次，价值1116元；被告人李某某参与抢劫两次，价值2216元；三被告人行为均已构成抢劫罪。公诉机关指控罪名成立。被告人钱某某、武某某、李某某犯罪时均不满十八周岁，其中钱某某、武某某不满十六周岁，李某某不满十五周岁，均系未成年人，应从轻或者减轻处罚。被告人钱某某、武某某、李某某在起诉书指控第一起犯罪中所起系次要、辅助作用，系从犯，应从轻、减轻处罚。因三被告人均系未满十六周岁的未成年人，量刑时应充分休现教育、感化、挽救为主、惩罚为辅的刑事政策，对三被告人减轻处罚为宜。被告人李某某在第二起犯罪中，积极参与并对被害人实施殴打行为，故其指定辩护人主张被告人在该起犯罪中属从犯的主张，不予采纳。三被告人自愿认罪，可从轻处罚。案发后喜德盛山地车由公安机关扣押并返还被害人，起诉书指控第一起犯罪三被告人属被动退赃，可酌情从轻处罚。被告人李某某的法定代理人自愿赔偿二被害人经济损失，李某某得到被害人谅解，对其可酌情从轻处罚。经查，三被告人均系初犯、偶犯，可酌情从轻处罚。三被告人的犯罪对象是未成年人，可酌定从重处罚。公诉机关对被告人的量刑建议予以采纳。法院判决结果：一、被告人李某某犯抢劫罪，判处有期徒刑一年十个月，并处罚金一千元。二、被告人钱某某犯抢劫罪，判处有期徒刑十个月，并处罚金五百元。三、被告人武某某犯抢劫罪，判处有期徒刑十个月，并处罚金五百元。

（三）典型意义

三被告人均系未满十六周岁的未成年人，因家长平日忙碌于自己的工作，对孩子疏于管教，认为孩子吃饱穿暖就好，而不注重孩子德智、法制方面的教育，现今社会环境的复杂和治安的恶化，各种光怪陆离的诱惑，使涉事不深，缺乏控制能力、身心不成熟的孩子们不能辨别是非，有时出于哥们义气或禁不住诱惑而走上犯罪道路。

作为办案法官我们应对误入歧途的未成年人多一份关爱，多一份心灵的抚慰，我们要注重深入了解失足未成年人的生活、成长背景，引导其真诚悔过，帮助他们解决实际困难，使失足未成年犯顺利回归社会。

十九、冉某某故意伤害案

（一）基本案情

清苑区大魏庄中学学生任某某与该学校学生马某某因琐事在学校发生矛盾，任某某让赵旭某、卢某某帮忙找人打马某某。2012年6月22日下午6时许，赵亚某（已判刑）叫着赵红某、赵贝某（已判刑）、赵聪某、刘某某（已判刑），申某某（已判刑）叫着刘雅某（已判刑）、刘传某、冯某某、孙某（已判刑）、申光某（已判刑）在大魏庄中学门口等马某某。崔贺某在放学回家途中遇到了被告人冉某某和崔猛某等人，崔贺某把任某某等人要打马某某一事告知冉某某、崔猛某，冉某某、崔猛某等人决定去接马某某。行至大魏庄中学附近遇到赵亚某等人，双方发生口角后殴斗。冉某某持随身携带水果刀刺中赵亚某肺部，造成赵亚某双侧气胸，左胸腔异物存留，左肺裂伤并手术治疗，构成重伤二级。案发后，2015年3月28日，冉某某赔偿了赵亚某经济损失人民币3万元。

（二）裁判结果

清苑区人民法院经审理认为，被告人冉某某故意伤害他人身体，致一人重伤二级，其行为已构成故意伤害罪。公诉机关指控的犯罪事实清楚，证据确实、充分，罪名成立，应当依法追究其刑事责任。被告人冉某某持凶器作案，应酌情从重处罚。被告人冉某某犯罪时不满十八周岁，应当从轻处罚。被告人冉某某如实供述自己的罪行，系坦白，可以从轻处罚。被告人冉某某已赔偿被害人经济损失，取得被害人谅解，可以酌情从轻处罚。综合考虑以上情节，对被告人冉某某可以依法适用缓刑。依照刑法有关规定，以故意伤害罪判处被告人冉某某有期徒刑三年，缓刑三年。宣判后，冉某某未提出上诉，现该判决已生效。

（三）典型意义

故意伤害罪侵犯的客体是他人的身体健康权，本罪的主体为一般主体。凡达到刑事责任年龄并具备刑事责任能力的自然人均能构成本罪，其中，已满14周岁未满16周岁的自然人有故意伤害致人重伤或死亡行为的，应当负刑事责任。本案中，被告人冉某某本应将问题及时报告老师，但是却一时冲动拔刀刺伤他人，其行为已构成故意伤害罪，应当依法追究其刑事责任。冉盼超的行为给两个家庭都带来了巨大的伤害，令人惋惜。当悲剧发生后，我们社会不应一味地给予指责和对其施以严厉的处罚，这样只会增加孩子对社会的敌对心理，增加社会的负担，加重司法成本。对他们，我们应最大限度地给予包容，最大限度地引导、减少他们对社会的仇视与报复，让其真正成为对社会有用的人，促进我们社会更加和谐。综合考虑，法院对冉盼超适用缓刑，以给与其一次该过自新的机会。

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

Typical Criminal Cases Occurred on Campus (Hebei)

catalogue

1. Feng's intentional homicide case

2. An's intentional injury case

3. Case of intentional injury by Xi

4. Case of intentional injury by Wei and others

5. The crime of intentional injury committed by Dai, Chen, Li, Feng, and Ma

6. Xu, Feng, Feng, Yan, and Wang committed intentional injury cases

7. Ma's intentional homicide case

8. Zhao, Ai, and Niu provoke and cause trouble

9. Zhou's intentional injury case

10. Liu's intentional injury case

11. Yan's intentional injury case

12. Wang's intentional injury case

13. Wu, Guo, Chen, Wang, Hao, and Wang provoke and cause trouble

14. Jia's intentional injury case

15. Liu Moupeng's Intentional Injury Case

16. Li's intentional injury case

17. Fan, Yuan, and Guo provoke and cause trouble

18. Robbery by Qian, Wu, and Li

19. Ran's intentional injury case

1、 Feng Moumou's intentional homicide case

（1） Basic facts of the case

The defendant Feng (born on August 26, 1996) and the victim Shi (born on May 5, 1996) are both third year students of Pingshan County Foreign Language School. The two had a date in January and February 2012, and they still had contact after breaking up. The defendant Feng did not want to get along with Shi, so he had the idea of killing him. On the morning of June 5, 2012, Feng and Shi made an appointment to meet and went to Gao's vacant house in Dongjie Village, Pingshan Town, Pingshan County. The two chatted for a while and agreed to meet again the next day. At around 4:00 am on June 6, 2012, Shi drove an electric vehicle to the south gate of Jinxiu Garden in Pingshan Town. The defendant Feng brought a prepared iron rod with him to Gao's empty house again. After meeting, the two had an argument and exchanged blows. The defendant Feng used a prepared iron rod to repeatedly hit Shi on the head and face, resulting in his death. After identification, Shi was hit with a blunt instrument on the head by someone else, resulting in brain injury and death. On June 11, 2012, Feng's parents took Feng to the Pingshan County Public Security Bureau to report the case.

（2） Judgment results

After trial, the Intermediate People's Court of Shijiazhuang City, Hebei Province found that the defendant Feng intentionally and illegally deprived others of their lives, and his behavior constituted the crime of intentional homicide. The defendant Feng was under the age of sixteen at the time of the crime and should be given a lighter or mitigated punishment in accordance with the law. Five days after the incident, the defendant Feng surrendered under the guidance of his parents. After arriving at the case, Feng confessed to the main criminal fact of using an iron rod to kill his classmate Shi, and the defendant Feng should be deemed to have surrendered himself, which can be given a lighter or mitigated punishment in accordance with the law. The legal representative of the defendant Feng has already compensated the victim's relatives, and the incidental civil part of the victim's relatives has been withdrawn. The defendant Feng can be given a lighter punishment at his discretion. According to the provisions of Articles 232, 17, and 67 of the Criminal Law of the People's Republic of China, the defendant Feng is found guilty of intentional homicide and sentenced to ten years in prison. The defendant did not appeal, the prosecution did not protest, and the judgment has become legally effective.

（3） Typical significance

This is a serious criminal case caused by improper handling of early love. Perhaps it should not have happened to two teenage girls, but the reality is cruel and ruthless. The defendant did not want to continue dating the victim. In order to get rid of the victim, he recklessly killed the victim, causing harm to others and himself, and ultimately embarked on the path of crime. In this case, one of the two students paid the price of his life, while the other was imprisoned and lost his freedom during the best period of his life. The case caused irreparable harm to two families.

Adolescence is the transitional period from childhood to adulthood for everyone, and it is the most beautiful, touching, and crucial experience in a person's life. Because children during this period feel that they have grown up, become independent, and have ideas, but do not have sufficient control over many things, especially emotions, so do not get involved in the vortex of love during this period. Therefore, schools and parents should guide students to devote more energy to learning knowledge and increasing their intelligence.

Our high school regulations also prohibit early love. Early love is not supposed to happen, but what should we do if it really happens. We cannot simply block it, we should put more effort into guiding it. Due to various objective reasons nowadays, families, schools, teachers, and even society tend to care more about students' academic performance and pay relatively less attention to their psychological needs, leading them to be more inclined to receive a sense of care from the outside world. Early love naturally occurs. For example, appropriately increasing social or outdoor activities, strengthening the linkage between families, schools, and teachers, strengthening psychological intervention for adolescent students, and timely guidance are the fundamental solutions.

2、 An Moumou intentional injury case

（1） Basic facts of the case

On the noon of October 27, 2013, the victims Jia, defendants An, and Jia of a high school student in Luquan City, Hebei Province, celebrated their birthday as "sworn brothers" defendant Bai, and drank and ate together at a noodle stall located near the sports stadium in Luquan City. After drinking, the defendant Bai and An first had a dispute over the ranking of "sworn brothers". Later, the four of them left the hotel and went to the nearby Luquan Sports Stadium. The defendant Bai had a verbal conflict with Jia again. The defendant Bai asked who had a knife, and An took out the folding knife he carried from his right pocket. The defendant Bai then took the folding knife from An's hand and stabbed Jia in the left chest, The defendants Bai, An, and Jia sent Jia to the hospital for treatment. After identification, the victim Jia was seriously injured and constitutes a level 10 disability. After the incident, the defendant An compensated the victim Jia with 40000 yuan. During the trial, the defendant Bai and the victim Jia reached a mediation agreement on the civil compensation part.

（2） Judgment results

After trial, the People's Court of Luquan City, Hebei Province found that the defendant Bai injured Jia with a knife, causing serious injury, and his behavior constituted the crime of intentional injury; The defendant An provided tools for Bai to harm the victim, which also constitutes the crime of intentional injury. The defendants Bai and An, who were under the age of 18 at the time of their crime, should be given a mitigated punishment. The defendant An played an auxiliary role in the joint crime and was an accessory, so the punishment should be reduced compared to the main offender. The second defendant intentionally harms a victim under the age of eighteen, and shall be given a heavier punishment as appropriate. The economic losses caused by the joint injury behavior of the defendants Bai and An to the victim Jia shall be compensated in accordance with the law. Under the auspices of the court, the defendant Bai, the legal representative Bai Weihong, and the plaintiff in the incidental civil litigation have reached a mediation agreement; Defendant An and Bai committed a joint crime and should bear 50% of the civil compensation liability, which is 65715.69 yuan. After the crime, defendant An has already paid 40000 yuan to the plaintiff in the incidental civil lawsuit, and an additional 25715.69 yuan should be paid. Considering that the defendant is a student in school, the second defendant may be given a lighter punishment at their discretion. The defendant Bai and the victim Jia have reached a mediation agreement, and the victim understands the behavior of the defendant Bai. In summary, probation can be applied to the defendant Bai. According to the relevant provisions of the Criminal Law, the defendant Bai was sentenced to two years' imprisonment and three years' probation for the crime of intentional injury; The defendant An was sentenced to one year in prison for intentional injury. Defendant An and his legal representatives An Yongjun and An Cuixia compensated the plaintiff Jia in the incidental civil lawsuit with 25715.69 yuan.

After the verdict was pronounced, the defendant An appealed on the grounds that the sentence in the original trial was too heavy. In the second instance trial stage, the legal representative of appellant An actively compensated for the economic losses of the victim and obtained the victim's understanding,

The Intermediate People's Court of Shijiazhuang City, Hebei Province, held that the fact that the appellant An had committed the crime of intentional injury was clear, but the appellant An was under the age of 18 at the time of the crime and was a student in school. After the crime, he pleaded guilty and actively sent the victim to the hospital for treatment. He played a minor role in the joint crime and was an accessory. He actively compensated the victim and obtained the victim's understanding, and other statutory or discretionary lighter circumstances, According to the law, the appellant An was sentenced to ten months in prison and suspended for one year.

（3） Typical significance

Article 37 of China's Law on the Protection of Minors stipulates that "it is prohibited to sell tobacco and alcohol to minors, and operators shall set up signs in prominent positions that do not sell tobacco and alcohol to minors. For those who are difficult to determine whether they have reached adulthood, they shall be required to present their identity documents

Article 15 of the Law on the Prevention of Juvenile Delinquency in China stipulates: "Parents or other guardians of minors and schools shall educate minors not to smoke or drink excessively. No business premises shall sell cigarettes or alcohol to minors. Article 8 of the Regulations on the Protection of Minors in Hebei Province stipulates: "Parents or other guardians shall educate and stop minors from engaging in the following behaviors: smoking, drinking alcohol, falling in love, gambling, damaging public property and facilities, fighting with others, insulting others, reading or listening to, and watching bookbags, magazines, and audiovisual products that promote pornography and obscenity.

Teenagers are in a period of growth and development, and drinking alcohol not only damages their gastrointestinal function, but also leads to severe malnutrition and affects their physical growth and development. Moreover, after drinking, one is prone to impulsiveness, irritability, rudeness, and uncontrollability. Sometimes, a momentary mistake can lead to the abyss of sin, with lifelong regret. The criminal law of our country explicitly stipulates that individuals who are drunk should bear criminal responsibility for committing crimes. There are countless criminal cases caused by drinking and getting drunk around us, let alone children with weaker self-control, willpower, and legal awareness. Teenagers should be warned to stay away from alcohol.

3、 Case of intentional injury by Xi

（1） Basic facts of the case

One evening in February 2009, during a self-study break, Xi (born on September 13, 1992) was chatting with a female classmate. His classmate Zhang Yanmou joked, "In public, where are you talking to?" Xi felt insulted, and two competitive teenagers started pushing and shoving each other, only to be pulled away by his classmates. Zhang Yanmou felt that the fight had suffered losses, so he told his brother Zhang Moumou to seek revenge.

At around 15:00 on February 28, 2009, Zhang was instructed by his younger brother Zhang Yanmou to lead others at the intersection of Kangle Street Foreign Language Middle School in Pingshan County, preparing to beat Xi who was returning home from vacation. The defendant Xi learned of this and took a taxi to avoid it. When the taxi arrived at the north side of the intersection of Foreign Language Middle School in Pingshan County, it was pulled out of the car by Zhang and others, surrounded and fell to the ground. Xi got up and stabbed Zhang in the chest with a folding knife. After Zhang was injured and fell to the ground, Xi intercepted the vehicle and sent Zhang to the hospital for rescue. Zhang died on the same day due to a puncture in the aortic arch of his heart, resulting in hemorrhagic shock.

（2） Judgment results

The Intermediate People's Court of Shijiazhuang City, Hebei Province held that there was a dispute between Xi and Zhang Yanmou. Zhang Yanmou's brother, Zhang, gathered multiple people to surround Xi during school, and Xi stabbed Zhang in the chest with a knife, causing Zhang to die from hemorrhagic shock due to being punctured in the aortic arch. Xi's behavior constitutes the crime of intentional injury and should be punished according to law. Xi was under the age of eighteen when he committed a crime and should be given a lighter or mitigated punishment; After the incident, Xi attempted to prevent and mitigate the consequences of the harm and actively rescued Zhang. The punishment should be mitigated as appropriate; Zhang, as an adult, gathered multiple people to surround and beat the defendant. If he was at fault for the result of the injury, Xi should be given a mitigated punishment at his discretion; Xi and his family actively compensated Zhang's family for the losses caused by the injury. Therefore, in combination with the lighter and mitigated circumstances mentioned above, Xi was sentenced to five years in prison in accordance with the law.

（3） Typical significance

A joke caused an injury case, resulting in one death and one imprisonment. This outcome is something we don't want to see, the lesson is profound, and the cost is heavy.

At present, the phenomenon of school fights is increasing day by day, often developing into malignant criminal cases, resulting in physical disabilities and even the loss of precious lives of the victims. The perpetrators also cannot escape the tragic outcome of being imprisoned.

As the main place for minors to receive education, schools are a necessary place for their growth. Firstly, it is necessary to establish a people-oriented educational philosophy and fully leverage the leading role of school education. School is not only a place for learning knowledge and developing skills, but also a place for forming the values of minors. Secondly, legal education in schools must be institutionalized and scientific. At the same time, schools should strengthen management and actively guide minors in their abundant leisure time and energy, in order to reduce the occurrence of crime. In addition, schools should provide psychological counseling and treatment based on common mental health problems among minors. Help students to have a correct understanding of themselves and their surroundings, and overcome many emotional barriers in their growth. We also need to regularly communicate with parents, hold parent meetings to understand the situation of minors in the family, and provide targeted training on parents' educational theories and methods, so that parents can continuously correct incorrect educational methods, improve educational methods, and achieve the best educational results.

Teachers are the second parents of students, and homeroom teachers should especially strengthen their sense of responsibility, promptly identify conflicts, resolve disputes, and prevent major disasters from happening. Not only should we focus on students' learning, but we should also pay attention to their mental health. Students are in the stage of psychological growth and their psychology is not yet mature. Teachers should have a deep understanding of their inner world, cultivate a tolerant and optimistic attitude towards others. If any abnormalities are found in students, they should promptly understand the situation and help them solve problems, guide them to take the right path in life, avoid going astray, and regret for life.

Students themselves should regularly attend legal education lectures, focus on improving their legal awareness, enhance their awareness of compliance with laws, and achieve external influence to regulate their behavior. Enable oneself to understand what behaviors are allowed and what behaviors are not allowed from a young age, thereby cultivating a sense of law-abiding and regulating one's words and actions. To get along with classmates, we should be united, friendly, and caring for each other. We should not be overly selfish or narrow-minded, and we should not engage in big fights over trivial matters. As the saying goes, "Take a moment to calm the wind and the waves, take a step back from the vast sea and sky." If one acts excessively due to a momentary impulse, like Qin Long mentioned earlier, it will not only ruin one's own life, but also bring irreparable losses to family and society, and a mistake will become eternal hatred.

4、 Case of intentional injury by Wei and others

（1） Basic facts of the case

On the afternoon of May 26, 2010, during physical education class, Wang (born on February 16, 1997) spit on his classmate Ma (born on October 10, 1995) and asked him to drink water with saliva. After Ma found out, he beat Wang. Wang threatened to find someone to hit Ma, and Ma called on several classmates to teach Wang a lesson. Later, Ma was fired by the teacher for fighting, and Ma's classmates Wei, Zhang Jia, Zhang Yi, Liu, and Wei Jia agreed to vent their anger on Ma and hit Wang on the way out of school. At around 18:20 on June 2, 2010, defendant Wei gathered defendants Wei, Ma, Zhang Yi, Zhang Jia, Liu, Li, Song (at large), Zhu (at large), and Li (under the age of 14 and not criminally responsible) (all of whom were first year students) to injure victim Wang, who had a conflict with Ma, in a park at the northwest corner of the intersection of Zhonghua Street and Yuhua Road in Qiaoxi District, Shijiazhuang City. Among them, the defendants Wei and Wei kicked and clubbed the victim Wang on the head, while others punched and kicked other parts of Wang's body, resulting in multiple injuries to Wang's head and body. After assessment, Wang's injuries were classified as serious and rated as Level 1 disability. After the incident, the defendants Wei, Wei Jia, Ma, Zhang Yi, Zhang Jia, Liu, and Li surrendered and provided partial compensation.

（2） Judgment results

The Intermediate People's Court of Shijiazhuang City, Hebei Province held that the defendants Wei, Wei, Ma, Zhang, Zhang, Liu, and Li used brutal and violent means to severely injure and maim the victim Wang, with serious consequences and constituting the crime of intentional injury. If the charges charged by the public prosecution are established, the defendant should be held criminally responsible for intentional injury. The seven defendants are joint offenders, and the defendants Wei Moumou and Wei Moujia play a major role in the joint crime and are the main offenders; The defendants Ma, Zhang Yi, Zhang Jia, Liu, and Li played a secondary role in the joint crime and were accessory offenders. They should be given a lighter or mitigated punishment in accordance with the law; 7. The defendant voluntarily surrenders and truthfully confesses his criminal facts, which is considered voluntary surrender and may be given a lighter or mitigated punishment in accordance with the law; After the incident, the legal representatives of the seven defendants took the initiative to compensate the victim Wang for some of his economic losses, and were given a lighter punishment according to law; The seven defendants are all minors and should be given a lighter or mitigated punishment in accordance with the law; The seven defendants are all students in school, have no previous criminal record, and are first-time offenders. When sentencing, they will be given a lighter punishment as appropriate.

The defendant Wei was sentenced to intentional injury and sentenced to thirteen years in prison; The defendant Wei Moujia committed the crime of intentional injury and was sentenced to ten years in prison; Defendants Ma, Zhang Yi, Liu, Zhang Jia, and Li committed intentional injury and were sentenced to three years in prison with a probation of three to five years;

The plaintiff in the incidental civil lawsuit, Wang Moumou, requests that the seven defendants and their legal representatives jointly compensate for medical expenses, appraisal fees, nursing fees, food subsidies, nutrition fees, transportation fees, and disability compensation totaling 554724.37 yuan (268000 yuan already paid should be deducted), and they are jointly and severally liable.

After the judgment, the plaintiff in the incidental civil litigation, Wang Moumou, appealed and Shijia in Hebei Province

The People's Procuratorate of Zhuang City protested, and the Higher People's Court of Hebei Province rejected the appeal and protest after trial, upholding the original judgment.

（3） Typical significance

A prank among classmates resulted in one person being injured and disabled into a plant, while others were convicted and imprisoned. The lesson was profound, but the cost was heavy.

Class teachers and schools should particularly strengthen their sense of responsibility, promptly identify conflicts, resolve disputes, and prevent major disasters from happening. Not only should we focus on students' learning, but we should also pay attention to their mental health. Cultivate a tolerant and optimistic attitude among students. If any abnormalities are found in students, it is necessary to promptly understand the situation and help them solve problems, guide them on the right path in life, and avoid going astray and regretting for life.

Students themselves should learn legal knowledge, establish a legal concept, enhance their awareness of abiding by laws and regulations, and regulate their words and actions. To get along with classmates, we should be united, friendly, and caring for each other. We should not be petty, selfish, and narrow-minded, nor should we engage in big fights over trivial matters, leading to illegal crimes and imprisonment.

5、 Dai, Chen, Li, Feng, and Ma committed the crime of intentional injury

（1） Basic facts of the case

At around 21:00 on April 27, 2012, Li, a student in Class 2, Grade 8, Fengshan No.2 Middle School, Fengning Manchu Autonomous County, had an argument with the defendant Dai over trivial matters. The defendant Dai summoned the defendants Li, Feng, Chen, Ma, and others to come to Li's dormitory with tools such as mops and wooden sticks to beat Li and his classmates Zhang, Lv, and others in the same dormitory. Li and Zhang were injured. According to the forensic examination and identification of human injuries by the Public Security Bureau of Fengning Manchu Autonomous County, Li's degree of injury is considered serious, while Zhang's degree of injury is considered minor. During the litigation process, the legal representatives of the five defendants reached a civil compensation agreement with the victims Li and Zhang, and have already compensated for economic losses. It has been found that the defendant Dai was born on February 10, 1997; The defendant Li was born on January 16, 1997; The defendant Feng was born on May 7, 1997; The defendant Chen was born on March 1, 1997; The defendant Ma was born on March 24, 1997.

（2） Judgment results

After trial, the People's Court of Fengning Manchu Autonomous County in Hebei Province found that the defendant's intentional injury to another person's body, causing one person to be seriously injured or one person to be slightly injured, constitutes the crime of intentional injury. The facts charged by the prosecution are clear, the evidence is sufficient, and the charges are established. The intentional injury committed by the five defendants jointly constitutes a joint crime. The five defendants were all under the age of 18 at the time of the case and were minors. The defense opinions of the defense counsel that the punishment can be mitigated according to law are adopted by this court. The five defendants all expressed remorse after the incident, and their legal representatives reached a civil compensation agreement with the victim, obtaining the victim's understanding. The defense opinions of the defense counsel that they could be given lenient punishment at their discretion were adopted. The defense opinion of the defendant Ma, who believes that the defendant Ma is an accessory, is inconsistent with the facts and will not be adopted. To protect citizens' right to physical health from infringement and combat crime. According to Article 234, Article 25, Article 17, Paragraph 3, Article 72 of the Criminal Law of the People's Republic of China, and Article 9 of the "Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Justice on the Application of Ordinary Procedures to Trial Cases of" Defendant Confession ", it is determined that the defendant has committed the crime of intentional injury on behalf of someone, and shall be sentenced to two years' imprisonment and four years' probation; The defendant Li committed the crime of intentional injury and was sentenced to one year and six months in prison with a three-year probation; The defendant Feng committed the crime of intentional injury and was sentenced to one year and six months in prison with a three-year probation; The defendant Chen committed the crime of intentional injury and was sentenced to one year and six months in prison with a three-year probation; The defendant Ma committed the crime of intentional injury and was sentenced to one year and six months in prison, with a three-year probation.

The defendant did not appeal, the prosecution did not protest, and the judgment has become legally effective.

（3） Typical significance

This case is a campus violent crime case, and the defendants were all minors at the time of the incident. It is a campus violence incident caused by disputes between classmates that were not resolved in a timely manner and the situation further escalated. The above cases remind the school authorities to strengthen the management of the campus and surrounding environment. Schools should also increase the management of personnel around the school with the public security department, and establish good communication channels to reduce the possibility of primary school students being violated by personnel outside the school. Strengthen the regulation of such crimes from a legal perspective. The existing "Law on the Protection of Minors" and "Education Law" still need to enhance the operability of the protection of minors and campus safety by formulating and improving detailed rules. It is also possible to further modify or formulate new laws and regulations, clarify the responsibilities of schools, parents, and all parties in society, establish and improve relevant systems for the personal protection of students in school. At the same time, it is necessary to improve the mechanism for campus dispute mediation and handling, and resolve disputes in a timely manner, Preventing the intensification or transformation of conflicts; In addition, assistance should be provided not only psychologically but also economically to the victim to prevent them from transforming into new offenders.

6、 Case of intentional injury by Xu, Feng Jia, Feng Yi, Yan, and Wang

（1） Basic facts of the case

The defendants Xu, Feng, Feng, Yan, Wang, and the victim Sang were all students of Class 18, Senior High School, Experimental Middle School, Manchu Autonomous County at the time of the incident. At around 7:00 am on April 26, 2014, during morning self-study in the classroom of Class 18 of Senior High School, the defendant Feng Moujia and the victim Sang Mou had an argument over trivial matters, and the latter two fought against each other. The defendants Feng, Xu, Wang, and Yan did not pull the frame apart. Feng, Xu, Wang, and Yan then jointly assaulted Sang, causing Sang to be injured. At 9:00 on the same day, Sang went to a hospital in a Manchu Autonomous County for hospitalization treatment. After diagnosis, he was diagnosed with abdominal injury (closed), splenic rupture, pancreatic tail contusion, and retroperitoneal hematoma. Later, Sang underwent splenectomy and abdominal drainage. After forensic examination and appraisal by the Public Security Bureau of a certain Manchu Autonomous County, Sang's degree of injury is classified as serious injury level 2. After the incident, the relatives of the five defendants reached a civil compensation agreement with the victim and their relatives, jointly compensating the victim Sang for various economic losses of 492000 yuan, and obtaining the victim's understanding. Further investigation: Defendant Xu was born on August 6, 1997, Defendants Feng and Feng were born on February 14, 1997, Defendant Yan was born on July 15, 1997, Defendant Wang was born on August 26, 1996, both of whom were minors at the time of the incident.

（2） Judgment results

After a trial by a People's Court of a Manchu Autonomous County in Hebei Province, it was found that the intentional injury of defendants Xu, Feng, Feng, Yan, and Wang to another person's body and causing serious injury constitutes the crime of intentional injury. The prosecution charged the defendants Xu, Feng, Feng, Yan, and Wang with intentional injury, and the charges were established. The joint criminal act committed by the five defendants constitutes a joint crime. The defendants Xu, Feng Jia, Feng Yi, Yan, and Wang were all under the age of 18 at the time of the crime, which constitutes a juvenile crime. The defense opinions of the defense counsel that the punishment should be mitigated according to law are adopted. The defendants Feng Moujia, Feng Mouyi, and Wang Moumou had a good attitude of confession after the incident, obtained the victim's understanding, and showed signs of repentance. They can be given a lighter punishment according to law. Although the defendant Xu voluntarily surrendered after the incident, he failed to truthfully confess the facts of the crime in court. The defense opinion that the defendant Xu surrendered himself was not accepted by this court. The relative of the defendant Xu compensated the victim for economic losses and obtained the victim's understanding, and may be given a lighter punishment. The defendant Yan was able to plead guilty after the incident, and his relatives compensated for the victim's economic losses. With the victim's understanding, he may be given a lighter punishment. According to the provisions of Article 234 (2), Article 25, Article 17, Article 72 of the Criminal Law of the People's Republic of China, Article 279 of the Criminal Procedure Law of the People's Republic of China, and Article 505 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China, it is determined that the defendant Xu has committed the crime of intentional injury and is sentenced to three years' imprisonment and five years' probation; The defendant Feng Moujia committed the crime of intentional injury and was sentenced to two years in prison with a four-year probation; The defendant Feng Mouyi committed the crime of intentional injury and was sentenced to two years in prison with a four-year probation; The defendant Yan committed the crime of intentional injury and was sentenced to two years in prison with a three-year probation; The defendant Wang committed the crime of intentional injury and was sentenced to one year in prison with a two-year probation.

（3） Typical significance

This case is a campus violence crime case, where the defendants were all minors at the time of the incident. It was a campus violence incident caused by disputes between classmates that could not be reasonably resolved and the situation further expanded. The case reminds the school to strengthen the management of the campus and surrounding environment. Schools should also increase the management of personnel around the school with the public security department, and establish good communication channels to reduce the possibility of primary school students being violated by personnel outside the school. Strengthen the regulation of such crimes from a legal perspective. The existing "Law on the Protection of Minors" and "Education Law" do not provide sufficient protection for minors to protect campus safety. It is necessary to further revise and improve or develop new laws and regulations, clarify the responsibilities of schools, parents, and all parties in society, establish a sound national assistance system for victims, provide assistance not only psychologically but also economically, and prevent victims from turning into new criminals.

7、 Ma's intentional homicide case

（1） Basic facts of the case

The defendant, Ma, was dissatisfied during the previous semester at the Vocational Education Center in Fengnan District, Tangshan City because he believed that he had been bullied by his classmate Tian multiple times. On the morning of June 3, 2013, the defendant Ma purchased a folding knife in advance and returned to the school at around 11:00 pm that day. He found Tian in the northwest corner of the fitter internship workshop on campus and used the prepared folding knife to stab Tian several times in the chest and abdomen, causing his heart to rupture and death due to cardiac dysfunction. After the incident, the defendant Ma voluntarily entrusted the school leadership to report the case. During the litigation process, the family members of the defendant and the relatives of the victim reached a settlement agreement on civil compensation, and the family members of the defendant, Ma, compensated the economic losses of the victim, Tian, for RMB 80000 (already paid).

（2） Judgment results

After trial, the People's Court of Fengnan District, Tangshan City found that the defendant Ma, in order to vent his anger and retaliate, intentionally and illegally deprived others of their lives, and his behavior constituted the crime of intentional homicide. But after the defendant Ma committed the crime, he was able to voluntarily entrust the school leadership to surrender and wait for the public security organs to call the police on site. After arriving at the case, he truthfully confessed the criminal facts and should be deemed to have surrendered himself. And the defendant, Ma, was under the age of 18 at the time of the crime and was able to actively compensate the victim's family for economic losses. Based on the above circumstances, the defendant Ma may be given a lighter punishment in accordance with the law and at his discretion. According to relevant provisions such as the Criminal Law, the defendant Ma was found guilty of intentional homicide and sentenced to twelve years in prison. The defendant did not appeal, the prosecution did not protest, and the judgment has become legally effective.

（3） Typical significance

In recent years, the originally peaceful campus has become less peaceful, and violent incidents have occurred from time to time. This case is a malicious case of intentional homicide on campus. The defendant, Ma, chose to vent his negative emotions in an extreme way due to his weak legal awareness and poor self-control, resulting in a tragic incident that dealt a heavy blow to both families. In campus life, there are inevitably bumps in the interactions between classmates, especially at the age of sixteen or seven, when youth is full of vitality. The irritable and impulsive nature can easily escalate conflicts, and if not effectively resolved, it can lead to extreme behavior. After investigation and analysis, the defendant Ma had an introverted personality, and after being frustrated, he accumulated confusion and pain in his heart and could not be released for a long time. After his emotions erupted, he committed retaliatory killing and mercilessly deprived others of their right to life. Considering that the defendant Ma has a statutory and discretionary lenient punishment, he was sentenced to twelve years in prison, reflecting the principle of compatibility between criminal responsibility and punishment.

8、 Zhao, Ai, and Niu provoke and cause trouble

（1） Basic facts of the case

At around 16:30 on November 14, 2011, the defendants Zhao, Ai, and Niu were all students of Tangshan Foreign Economic and Trade School. While dining in the cafeteria of the school, they encountered the victim Wang, a student of Tangshan Energy Vocational and Technical College. The three of them unreasonably assaulted him, causing minor injuries and causing various economic losses totaling RMB 23111.96. The legal representatives of Ai and Niu provided one-time compensation and understanding for Wang's losses during the investigation stage, and Zhao's legal representatives during the second instance trial stage.

（2） Judgment results

The People's Court of Lubei District, Tangshan City believes that the defendants Zhao, Ai, and Niu randomly assaulted others, and their actions constituted the crime of provocation and trouble. The three defendants were all under age when they committed the crime, so they were given a lighter punishment in accordance with the law. Defendants Ai and Niu actively compensated the victim Wang for their losses and obtained an understanding. Therefore, they were given a lighter punishment according to the law. The three defendants had a good attitude of pleading guilty in court, so they were given lenient punishment according to law. Given that the victim Wang is a minor, the three defendants will be given heavier punishment according to law. According to relevant provisions of the Criminal Law, the defendant Zhao was sentenced to one year in prison, the defendant Ai was sentenced to eight months in prison, suspended for one year, and the defendant Niu was sentenced to six months in detention, with a one-year suspension, for the crime of causing trouble. After the verdict was pronounced, the defendant Zhao appealed on the grounds that the original sentence was too heavy, while his original legal representative Zhao Jianjun appealed on the grounds that Zhao did not constitute the crime of causing trouble, the original sentence was too heavy, and the compensation amount was too high. The Tangshan Intermediate People's Court held that the original judgment accurately convicted the three defendants in the original trial, the sentencing was appropriate, and the trial procedure was legal. The reasons for appeal raised by the appellants Zhao Moumou and Zhao Jianjun are not supported. Given that during the second instance, Zhao's family members were able to actively compensate for the victim's economic losses and obtain understanding, they may be given a lighter punishment according to the law. According to the law, the defendant Zhao was sentenced to ten months in prison; The sentences of the defendants Ai and Niu remain unchanged.

（3） Typical significance

This case is a typical case of provoking and causing trouble on campus. The three defendants only assaulted the victim due to their dissatisfaction. The three of them ignored organizational discipline, acted recklessly, and acted recklessly, ultimately causing serious consequences and leading to the abyss of illegal crime. This case has sounded an alarm for families, campuses, and society, strangling juvenile delinquency in the cradle, with a significant responsibility. If the three defendants' free and unrestrained personality and psychology can be timely alleviated, this incident can be completely avoided. Although the three defendants bear corresponding legal responsibilities for this, it is crucial to focus on preventing campus violence before it occurs, strengthen legal education and publicity, and pay attention to the mental health of minors.

9、 Zhou's intentional injury case

（1） Basic facts of the case

On the noon of August 27, 2013, Zhou, a high school student in Sanhe City, had a conflict with Wu while eating in his dormitory due to classmates Wu and Yang grabbing his food. Afterwards, Wu passed on two messages to Zhou through his classmate Jia Bo, and arranged for Zhou to meet at Hongsheng Ecological Park in Sanhe City after noon on August 29th to resolve the matter. Zhou agreed to purchase a fruit knife from a store east of his school on August 28th. At around 11:30 on August 29th, when Zhou walked out of the school gate, he saw Wu and several students who were already waiting at the school gate. Wu, along with several classmates, called Zhou to the small square near Hongsheng Ecological Park in Sanhe City. Wu hit Zhou on the head with a wooden stick, but Zhou dodged and hit him in the hand. Zhou immediately took out a fruit knife he had purchased beforehand from his pocket and stabbed Wu in his left arm and waist, Later, Zhang, who came up to push Zhou, was stabbed in the left upper limb and left knee. Wu's degree of injury was identified as serious by the forensic examination of the Langfang Public Security Bureau. Zhang's injury was identified as minor by the forensic examination of the Sanhe Public Security Bureau. After the incident, Zhou informed his parents by phone that he had stabbed his classmate, and then went to Sanhe City Hospital to visit Wu. At the Sanhe City Hospital, Zhou handed over the tool of the crime to the public security personnel and went to the Liqizhuang Police Station for interrogation by the public security organs.

（2） Judgment result

The evidence in this case indicates that the defendant, Zhou, was unable to handle the dispute with his classmates properly and resorted to violent means to cause serious injuries to his classmates. His behavior has constituted the crime of intentional injury. The defendant, Zhou, took out a fruit knife from Wu's pocket to retaliate when he hit him on the head with a wooden stick, posing a threat to his right to physical health. This was a defensive act aimed at stopping Wu's illegal infringement. However, the serious consequences of causing Wu's serious injury clearly exceeded the necessary limits of legitimate defense. Therefore, the defendant's behavior was considered excessive defense. In addition, on the day of the incident, the defendant Zhou injured Wu and voluntarily went to the hospital to see him. He handed over the crime tool to the public security police for questioning. The next day, he arrived at the case promptly according to the summons time of the public security organs and truthfully confessed the criminal facts. His behavior reflects the initiative and voluntariness of surrendering, and according to legal regulations, he can be considered to have surrendered voluntarily. Meanwhile, the defendant Zhou was under the age of seventeen at the time of the crime, and after the incident, Zhou's legal representative compensated the victim for some of the losses. Given the above criminal facts and sentencing circumstances, the defendant Zhou was convicted of intentional injury and sentenced to one year and seven months in prison.

（3） Typical significance

In response to the fact that this case is an injury case between students on campus, both the defendant and the victim are minors. Therefore, before the trial, the collegial panel carefully sorted and analyzed the case, and carefully formulated a trial plan. Before the trial, the collegial panel specifically contacted the school's academic director and teachers, inviting them to participate as compassionate teachers in the trial, with the intention of allowing the defendant and victim to be better influenced by people they are usually familiar with. During the trial, the collegial panel and the prosecutor respectively provided relevant legal education to the defendant and the victim, and the school teachers who appeared in court also provided advice and persuasion to the defendant. In the end, the defendant not only pleaded guilty in court and regretted, but also sincerely apologized to the victim and their relatives. On the other hand, the school's academic affairs director and teachers had a lot of feelings after listening to the trial. They stated that they had only conducted daily management and simple legal education for students on campus before, and the depth was not enough. Participating in such a trial makes them feel that daily legal education for students is imperative and needs to be continuously deepened. In the future, it is important to carry out more legal publicity and actively carry out educational activities to prevent juvenile delinquency in school management.

10、 Liu Moumou's intentional injury case

（1） Basic facts of the case

At around 18:00 on November 28, 2012, Zhao, a sophomore student of Yongqing County High School, had an argument with Liu, a student of the same grade, over trivial matters. That night, Zhao gathered his classmate Xiao and the victim Gou to find the defendant Liu in Liu's dormitory, and both parties agreed to fight. At around 10 pm that evening, after the school dormitory turned off the lights, Zhao, Xiao, Gou, and others went to find Liu again. On the way, Zhao and others met and had an argument in the dormitory corridor. Gou first rushed forward and kicked Liu, causing Liu and Gou to fight each other. Zhao and Xiao also went forward together to beat Liu. During the fight, the defendant Liu stabbed the victim Gou with a fruit knife he carried with him, causing him to fall to the ground with head injuries. He was later sent to the hospital for treatment. On December 23, 2012, the victim Gou died after ineffective medical treatment. After identification, Gou was stabbed in the head with a sharp weapon during his lifetime, resulting in open craniocerebral injury and death. On July 1, 2013, the People's Procuratorate of Yongqing County, Hebei Province filed a public prosecution with the People's Court of Yongqing County, Hebei Province, alleging that the defendant Liu was guilty of intentional homicide. On September 29 of the same year, the defendant Zhao and Xiao were charged with the crime of gathering and fighting.

（2） Judgment result

After trial, the People's Court of Yongqing County, Hebei Province found that the defendant Liu intentionally injured the victim's body with a knife during the fight, resulting in his death, and his behavior constitutes the crime of intentional injury; The defendant, Liu, had a fight with multiple opponents and was found to have engaged in a gathering and fighting behavior, which is clearly inappropriate; There is no obvious contradiction between the defendant Liu and the victim, and there is no evidence to suggest that the defendant Liu had a motive or purpose for killing. Therefore, the prosecution accuses the defendant Liu of applying the provisions of Article 292 (2) and Article 232 of the Criminal Law of the People's Republic of China, which constitutes intentional homicide and is not supported. The defendant Liu was under the age of 18 at the time of the crime and was given a mitigated punishment in accordance with the law. The defendant Liu voluntarily surrendered and truthfully confessed the criminal process, which is considered voluntary surrender and a mitigated punishment in accordance with the law. The defendant Liu, with the help of his relatives, compensated for the economic losses suffered by the victim's relatives and obtained their understanding. He was given a lighter punishment as appropriate. Taking into account the defendant Liu's confession, repentant attitude, and consistent behavior, as well as the victim's fault, it is determined that the defendant Liu is guilty of intentional injury and sentenced to four years in prison. After the verdict was pronounced, the People's Procuratorate of Yongqing County, Hebei Province filed a protest, and the Intermediate People's Court of Langfang City, Hebei Province upheld the original judgment. The judgment has taken legal effect. On October 23, 2012, the People's Court of Yongqing County, Hebei Province found that the defendants Zhao and Xiao were guilty of the crime of gathering people to engage in affray, and were sentenced to two years and six months of imprisonment, three years of probation, and exemption from criminal punishment.

（3） Typical significance

This case is a typical case of intentional injury leading to death in campus injuries. In recent years, the number of campus injury cases has gradually increased, ranging from provoking trouble and gathering people to engaging in brawls, to serious cases of intentional injury or murder. Cases of students fighting each other on campus should be given high attention. Firstly, attention should be paid to the tendency of young people in school to gather and gang up with others when they have conflicts. This superficial attitude of brotherhood and loyalty should become a part of education in schools. Friendship is the wine of life, but in the process of making friends and dealing with things, one should enhance their ability to distinguish right from wrong. The unprincipled martial arts complex of putting in trouble for friends is not worth advocating, Whoever you are with and what you do should fully consider the consequences. Secondly, cases where both the infringer and the victim are minors should be given attention and reflection during the handling process. In today's society, there are many channels for obtaining information. Minors who have reached the critical point of 18 years old have reached the level of adults in terms of psychology and ability to distinguish right from wrong. While society is paying widespread attention and providing special protection, minors should also have full self-esteem, self-love, and self-respect. They should not act impulsively and think twice before acting, in order to prevent the momentary impulse from causing irreparable losses to others and also ruining their own future. In response to this particularity, while fully safeguarding the legitimate rights and interests of the victims, this case also tries to consider the future development of the underage defendants, giving them the opportunity to reform. On the basis of factual evidence, the accusation of intentional homicide against the defendant Liu was changed to intentional injury, and the sentencing of the three underage defendants was lenient. On the basis of achieving educational goals, Help them return to society as soon as possible.

11、 Yan's intentional injury case

（1） Basic facts of the case

The defendant Yan and the victim Li are classmates at the same school. On April 12, 2013, during the morning self-study, the defendant Yan had a conflict with Bi, a student of Class 232 in the same high school. At noon on the same day, Bi's classmate friend Li approached the defendant Yan and demanded an apology from him. The two sides had another argument. In the dormitory corridor of Guangzong County No.1 Middle School, the defendant Yan injured Li on the right side of the head with a cloth pole, and it was determined that the victim Li was seriously injured. After the incident, the defendant Yan voluntarily surrendered to the public security organs, compensating the victim Li for various losses of RMB 80000, and obtaining the victim's understanding.

（2） Judgment results

The Guangzong People's Court of Hebei Province believes that the defendant Yan was unable to calmly handle conflicts and disputes with his classmates, intentionally harming others' bodies and causing serious injuries, and his behavior has constituted the crime of intentional injury. The People's Procuratorate of Guangzong County has been convicted of the charges, and this court has confirmed them. After the incident, the defendant Yan voluntarily surrendered to the public security organs and truthfully confessed his criminal behavior, which should be deemed as voluntary surrender. He should actively compensate the victim for economic losses and obtain the victim's understanding. Moreover, if he was under the age of 18 at the time of the incident, the punishment should be reduced. The defense counsel argues that the defendant surrendered voluntarily and was a minor at the time of the crime. The court supports the defense opinion requesting mitigation. According to the relevant provisions of the Criminal Law, the defendant Yan Fang was sentenced to one year's imprisonment and one year's probation for the crime of intentional injury.

（3） Typical significance

This case is a typical campus violent criminal incident, where conflicts between classmates should be handled calmly. However, the defendant Yan was unable to handle the conflicts and disputes with classmates calmly, intentionally harming others' bodies and causing serious injuries, which constitutes a crime. Due to the fact that he/she voluntarily surrendered, compensated the victim for economic losses, obtained the victim's understanding, and was a minor at the time of the crime, he/she should be given a lighter punishment in accordance with the law. Therefore, the above judgment is made.

12、 Wang's intentional injury case

（1） Basic facts of the case

At around 16:00 on April 21, 2013, Zhou and Gao met Wang, who had previously had an argument with Gao, at the entrance of the "North Star" internet cafe in Nanhe County. Gao and Wang had a verbal disagreement and had a fight. Wang took out a dagger and scratched Gao's left arm. Zhou came forward to help fight, but Wang stabbed him in the right knee with a dagger.

At around 12:00 on September 19, 2014, Li and Liu, a middle school student in Nanhe County, had conflicts due to class management. Li called Wang, Zhang, and others, while Liu called Yang, Ding, and others. The two sides arranged to fight at Heyang Square in Nanhe County. Li, Wang, and Zhang assaulted Liu. After the fight, Yang, along with Liu, Ding, and others, caught up with Wang's gang. Yang had an argument with Wang, and Yang stepped forward to kick Wang. Wang took out a dagger and stabbed Yang in the back of the waist.

（2） Judgment results

After trial, the People's Court of Nanhe County, Hebei Province found that the defendant Wang intentionally injured another person's body, causing minor injuries to the victims Zhou and Gao on April 21, 2013. During the bail period, the defendant also caused minor injuries to the victim Yang. In this case, the defendant Wang is a minor and should be given a lighter punishment in accordance with the law; The defendant has a good attitude of pleading guilty and compensated the victims Zhou and Gao, obtaining their understanding. According to the law, the defendant can be given a lighter punishment as appropriate.

According to relevant provisions of the Criminal Law, the defendant Wang was sentenced to two years and six months in prison for the crime of intentional injury. After the verdict was pronounced, the defendant Wang appealed. During the trial process of the Intermediate People's Court of Xingtai City, Hebei Province, the defendant Wang proposed to withdraw the lawsuit. The Intermediate People's Court of Xingtai City, Hebei Province ruled to allow the defendant Wang to withdraw the lawsuit. The judgment has come into effect and the defendant has delivered for execution.

（3） Typical significance

This case is a typical case of campus violence. Firstly, this case reflects the loopholes in the management of minors on campus. Both the defendant and the victim in this case are minors; Secondly, this case reflects the repeatability of campus violent crimes. In this case, after the defendant Wang caused minor injuries to the victims Zhou and Gao, his mother showed excessive indulgence after Wang committed a crime and borrowed money to mediate the matter. During the period of bail pending trial, Wang committed another crime. Thirdly, in campus violent crime cases, the victim's awareness of safeguarding their rights is weak, and they usually adopt a method of using violence to control violence, rather than actively adopting legal means to solve the problem. In this case, the defendant was originally a victim of bullying, but failed to take legitimate measures to safeguard their own interests and solve the problem. Instead, they carried controlled knives with them and resorted to violent means to retaliate, turning the victim into a perpetrator, resulting in malignant consequences.

13、 Wu, Guo, Chen, Wang, and Wang provoke and cause trouble

（1） Basic facts of the case

(1) Between May and June 2012, defendants Wu, Guo, Chen, Wang, and others forcibly demanded more than 190 yuan in cash and a black Golden Eagle brand motorcycle from Shi, a student of the Xingtai Mining Bureau's technical school, to resolve the dispute in Zijin Park, Qiaoxi District, Xingtai City. After appraisal, the value of the motorcycle is 3681 yuan. (2) On May 17, 2012, the defendants Wu, Guo, Chen, Wang, and others forcibly demanded the removal of one mobile phone from Ding and one mobile phone from Yao, as well as more than 10 yuan in cash, in the dormitory 206 of Apartment 4 of Xingtai Technician College, on the grounds of resolving a medical dispute with student Hou. After appraisal, the total value of the two mobile phones is 853 yuan. (3) On May 20, 2012, the defendants Wu, Guo, Chen, Wang, and others forcibly demanded the removal of students Zhao and Hao from Xingtai Technician College in dormitory 443, apartment 4, for over 40 yuan in cash. (4) In June 2012, the defendant Wu forcibly demanded the removal of a student named Hua from Xingtai Technician College, with over 60 yuan in cash, in dormitory 443 of apartment 4. (5) At around 7 pm on August 27, 2012, the defendants Chen, Wang, Wang, and others unjustifiably assaulted Xu, a student of Xingtai Technical College, on the playground, resulting in a fracture of both sides of Xu's nasal bone. After identification, Xu's injury was minor. The plaintiff in the incidental civil lawsuit, Xu, was hospitalized for 13 days at Xingtai Eye Hospital after being injured, and paid a total of 5911.49 yuan in medical expenses.

（2） Judgment results

After trial, the People's Court of Qiaoxi District, Xingtai City found that the defendants Wu, Guo, Chen, Wang, and Wang forcibly demanded property from others, and the circumstances were serious. They indiscriminately beat others without reason, causing minor injuries to both of them. The circumstances were severe and disrupted social order. Their actions all constituted the crime of seeking provocation and causing trouble, and should be punished according to law. The prosecution charges each defendant with clear criminal facts and sufficient evidence, and the charges are established. The defendants, Wu, Guo, and Chen, have committed multiple crimes against minors and students, and may be given a heavier punishment at their discretion. The defendants Wu, Guo, Chen, and Wang were under the age of 18 at the time of the crime and were given a lighter punishment in accordance with the law. The defendant Guo, who assisted the public security organs in apprehending accomplices, should be deemed to have performed meritorious deeds and given a lighter punishment in accordance with the law. The defendant Wang voluntarily surrendered to the public security organs after the incident, truthfully confessing the facts of the crime, which is considered voluntary surrender and a lighter punishment in accordance with the law. The defendant Wang was under the age of 16 when accusing one, two, or three crimes in the indictment, and did not reach the legal age for criminal responsibility. Therefore, no criminal punishment shall be imposed in accordance with the law. The five defendants voluntarily pleaded guilty in court, and the defendants Chen, Wang, and Wang took the initiative to compensate the victim for their economic losses. With the understanding of the victim and their relatives, they were given a lighter punishment at their discretion. The defense opinions put forward by the defense counsel of the above-mentioned defendant, such as the defendant being under the age of 18 at the time of the crime, being a minor, being a first-time offender, and having a good attitude of confession, are adopted by this court. Due to the economic losses caused to another victim, Xu, due to the injurious behavior of the defendants Chen, Wang, and Wang, the defendants Chen and their legal representatives Chen, Wang, and their legal representatives Wang, are legally liable for civil compensation. According to the evidence and relevant standards submitted by the plaintiff in the incidental civil litigation. According to Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injury, it shall be determined that the defendant Chen and his legal representative Chen, the defendant Wang, and the defendant Wang and his legal representative Wang have compensated the plaintiff Xu and his legal representative Wu for the economic losses caused by the incidental civil litigation, including medical expenses of 5911.49 yuan and transportation expenses of 200 yuan, The nursing fee for hospitalization is 1300 yuan, the hospitalization food subsidy is 650 yuan, and the nutrition fee is 500 yuan, totaling 8561.49 yuan. The court does not support the other medical expense evidence (prescription) proposed by the plaintiff Xu in the incidental civil litigation due to non-compliance with relevant regulations and other litigation requests. Taking into account the criminal facts, circumstances, frequency, degree of social harm, attitude towards confession, and performance of repentance of each defendant. According to Article 293, Paragraph 1, Article 36, Paragraph 1, Article 17, and Article 67, Paragraph 1 of the Criminal Law of the People's Republic of China, Article 1 and Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Dealing with Surrender and meritorious Service, and Articles 119 and 130 of the General Principles of the Civil Law of the People's Republic of China Article 133 stipulates that the defendant, Wu, shall be sentenced to one year and two months in prison for the crime of causing trouble. The defendant Guo committed the crime of causing trouble and was sentenced to eleven months in prison. The defendant Chen committed the crime of causing trouble and was sentenced to one year and four months in prison. The defendant Wang committed the crime of causing trouble and was sentenced to one year in prison. The defendant Wang committed the crime of causing trouble and was sentenced to ten months in prison with a one-year probation. Defendant Chen and his legal representative Chen, Defendant Wang, Defendant Wang and his legal representative Wang have compensated the plaintiff Xu and his legal representative Wu for various economic losses in the incidental civil litigation, totaling RMB 8561.49. Reject other litigation requests submitted by the plaintiff Xu in the incidental civil litigation.

（3） Typical significance

With the continuous development of our country's society, campus juvenile delinquency is on the rise, becoming more and more the subject of the crime of causing trouble. Most of these minors have no subjective understanding of the crime, do not understand the harm of criminal behavior, and even have defendants who do not consider their actions inappropriate. Specifically, it can be summarized as the following: (1) Film and television dramas often have violent plots and use the so-called "loyalty" as a positive theme to praise. This causes teenagers who have not yet fully discerned to develop a mentality of imitation, and when similar situations occur in real life, they are easily "drawn to the scene", thereby inducing crime. (2) The proliferation of online credit and lack of regulation. The development and popularization of the internet not only facilitate people's access to knowledge, but also create a serious problem: lax review of credit information, leading to the proliferation of various types of credit, and harmful information seriously eroding the minds of minors. (3) Online games are often bloody and violent. The virtual world in online games not only greatly satisfies the sensory stimulation of teenagers, but also greatly affects their pure psychology and behavior. Once encountering situations similar to those in games in real life, the overlap between the "me" in the game and the "me" in reality can easily lead to crime. This case belongs to a typical campus provocation and disturbance case, and the defendants mentioned above are subject to corresponding criminal penalties based on their respective crime frequency, nature, plot, and degree of social harm. Through this case, it can be seen that parents and schools lack education for their children. In terms of family education, parents lack positive education, moral education, correct behavior education, and ideal education for their children, and excessive indulgence makes many children lack a sense of responsibility and progress. In terms of education, excessive emphasis is placed on exam oriented education, neglecting the shaping of children's personalities. The "score only theory" causes great pressure on students with unsatisfactory grades, leading to children's self abandonment, self indulgence, and ultimately leading to the path of crime. Parents are the best and first teachers for children, and family education is crucial for their growth. Parents should provide correct family education to minors and promote their healthy growth. In terms of school education, on the one hand, schools should vigorously promote and attach importance to strengthening legal education, including basic legal knowledge in their compulsory courses. On the other hand, they should establish psychological counseling rooms to timely guide the psychology of minors and reduce their criminal factors psychologically.

14、 Jia Moumou's intentional injury case

（1） Basic facts of the case

In October 2009, the defendant Jia clashed with fellow student Li in the male restroom of the school due to a physical collision. Jia beat Li and stabbed him in the back with a fruit knife about 10 centimeters long, causing open blood and pneumothorax on his right side. After forensic appraisal by the Public Security Bureau of Xinhe County, it has been determined that Li's injury constitutes a minor injury. The defendant Jia was at the age of fourteen but not eighteen when he committed the crime. The guardian of defendant Jia and the guardian of the victim reached a mediation agreement on civil compensation and compensated the victim with 16000 yuan for various economic losses.

（2） Judgment results

After trial, the People's Court of Xinhe County found that the defendant Jia intentionally injured others' bodies, causing minor injuries, and his behavior has constituted the crime of intentional injury. The defendant Jia has reached the age of fourteen but not eighteen, and is subject to relevant provisions of the Criminal Law, and should be given a lighter or mitigated punishment. According to the relevant provisions of the Criminal Law, the defendant Jia was sentenced to six months' imprisonment and one year's probation for the crime of intentional injury.

（3） Typical significance

This is a typical case of a student committing a crime in school. Schools are the hardest hit areas for juvenile delinquency. During their time in school, teenagers are at a critical time to increase their experience and shape their outlook on life and the world. They are highly susceptible to the influence of unhealthy teenagers outside of school and negative film and television works, which can have a negative impact on their behavior and life, resulting in negative consequences. Schools should further strengthen legal education for minors in conjunction with their families, seize the signs of crime from the source, and prevent campus violence and maintain campus safety. In addition, for minors who commit crimes of harming minors, the principle of two-way protection should be adhered to. When protecting the legitimate rights and interests of minor victims in accordance with the law, the legitimate rights and interests of minor defendants should also be protected in accordance with the law. Article 11 (1) of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Juvenile Criminal Cases stipulates that when applying penalties to juvenile offenders, full consideration should be given to whether it is conducive to education and correction of juvenile offenders. In this case, based on the principle of "education first, punishment second" and the policy of "education, probation, and rescue", the minor defendant Jia was sentenced to six months' imprisonment with a one-year probation.

15、 Liu Moumou's intentional injury case

（1） Basic facts of the case

At around 22:00 on September 25, 2013, the defendant Liu organized 8 students from Room 303 and 6 students from Room 211 of Beifeng Middle School in Beifeng Township, Daming County to fight in Room 303. During the fighting, Rong (to be dealt with separately) and Liu and others beat each other, resulting in Liu's death. After identification, Liu Moupeng was found to have died of respiratory and circulatory failure caused by acute myocarditis and interstitial pneumonia, with fighting and emotional excitement being the triggering factors.

（2） Judgment results

The People's Court of Daming County, Hebei Province believes that the defendant Liu has no national law and instigates others to intentionally harm others' bodies and cause death, which constitutes the crime of intentional injury. The defendant Liu is a minor, and his relatives compensated for the economic losses suffered by the victim's relatives, obtaining the victim's understanding. According to law, the defendant should be given a mitigated punishment. According to the relevant provisions of the Criminal Law, the defendant Liu was sentenced to seven years in prison for the crime of intentional injury. After the verdict was pronounced, Liu appealed. The Intermediate People's Court of Handan City, Hebei Province has ruled in accordance with the law to dismiss the appeal and uphold the original judgment.

（3） Typical significance

Juvenile delinquency has become a concern of the whole society, including reasons for minors themselves and inadequate family education. In this case, Liu organized a fight between Rong, Liu, and others who did not have criminal responsibility. During the fight, Rong caused Liu's death, and Liu, as the organizer, was responsible for the consequences of the injury. His family should have strengthened education for Liu, cared more about his child's growth, and established a correct outlook on life and values for his child. However, Liu's parents ignored the importance of education and reported regret after his child committed a crime.

16、 Li Moumou's intentional injury case

（1） Basic facts of the case

At around 22:00 on July 1, 2014, the defendant Li and his classmate Wu had a dispute in the male dormitory of the Yingchun Campus of Xianxian No.1 Middle School in Hebei Province. A few minutes later, Wang had his classmate call Li to the 621 dormitory on the 6th floor. Li had a premonition that there might be a fight and put the knife into his pocket. Upon arriving at the dormitory, the victims Wang, Wang, Peng, and others engaged in a fight with Li. During this process, Li used a knife to kill Wang, Wang Peng was stabbed by three people. After identification, Wang's chest injury belongs to level 2 serious injury, Wang's multiple limb injuries belong to level 1 minor injury, and Peng's right lower limb injury belongs to level 2 minor injury. The parties involved in the civil part have reached a mediation agreement and reached an understanding.

（2） Judgment result

The People's Court of Xian County, Hebei Province believes that the defendant Li intentionally injured another person's body with a knife, causing one person to be seriously injured and two people to be slightly injured. His behavior has constituted the crime of intentional injury and should be punished. The defendant, Li, is a minor who has voluntarily surrendered and actively compensated for the victim's losses. He has obtained an understanding and should be given a mitigated punishment in accordance with the law. Based on the principle of prioritizing education on juvenile delinquency and supplementing punishment, and based on the circumstances of their crimes and their repentance, the application of probation will no longer harm society, and can be declared suspended in accordance with the law. According to the provisions of Article 17, 234, 72, and 73 of the Criminal Law of the People's Republic of China, it is determined that Li has committed the crime of intentional injury and is sentenced to two years and six months of imprisonment with a three-year probation. The defendant does not appeal, the procuratorial organ does not protest, and the judgment has become legally effective.

（3） Typical significance

In this case, the defendant was initially bullied, but due to a premonition that Wang and his classmates might be at a disadvantage, they prepared tools to go and failed to properly handle the relationship, which led to the occurrence of this case. Campus should strengthen the promotion of students' legal knowledge. We believe that punishment is not a good solution to the problem of campus violence. Schools should organize more activities for students to exchange and collaborate, enhance collective awareness, and enhance the awareness of unity and friendship. Attention should be paid to students' daily lives and dangerous items such as knives should be avoided from entering the campus. Currently, there is a situation where there are too many students and too few teachers, and management may not be meticulous and effective. We suggest that faculty should take responsibility and care for students' learning and physical and mental education simultaneously, creating a good learning and growth environment for students.

Through the trial of juvenile cases, we have also found that the majority of juvenile delinquents have divorced parents or work outside, do not live with their parents, and lack family education, which may lead to personality isolation, introversion, lack of expression in situations, and a love for cornering. The child's family growth environment is crucial, and no matter how good campus education is, it cannot replace the family. Some children, from childhood to adulthood, have never stored their thoughts of caring for others and being kind to others in their minds. If they fill their life dictionary, it may not be enough to infringe on my interests. If they are unhappy, they must vent their unhealthy psychology. So, it is crucial for families to educate their children. Don't just love your own children and feel that they have suffered a little injustice. It doesn't matter what other children do, which invisibly leads to a wrong direction for their physical and mental health and ultimately affects their healthy growth.

The defendant in this case is a high school student. Although our law stipulates a case sealing system for this type of crime, it is not known whether it will have an impact on their college entrance examination and employment. We hope that relevant departments will pay more attention to the growth of minors in this type of case and give them a chance to start anew and choose their lives.

17、 Fan, Yuan, and Guo provoke and cause trouble

（1） Basic facts of the case

The defendants Guo and Liu (to be dealt with separately) are students of Laishui County Vocational and Technical Education Center. At around 21:00 on September 25, 2013, Liu and his classmates had a fight and were injured due to trivial matters. Guo contacted Fan, and later Fan, Yuan, Zhan (handled separately), Wu (handled separately) and others entered the campus. Under the leadership of Liu and others, Fan and others entered the boys' dormitory and randomly assaulted students in rooms 206, 104, and the school playground, causing minor injuries to students Wang and Chen. Some students fled the school, causing serious chaos in the work and life order of the school.

Furthermore, it was found that the defendant Guo and the victims Wang and Chen reached a settlement agreement on injury compensation and fulfilled it. Wang and Chen expressed their understanding towards Guo.

（2） Judgment results

Defendants Fan, Yuan, and Guo, due to conflicts and disputes between Liu and his classmates, resorted to violence and indiscriminately assaulted students on campus, causing minor injuries to two students and disrupting campus order. The circumstances were heinous. The actions of the three defendants constituted the crime of provoking trouble, and the prosecution was found guilty of the charges, which are supported by this court. The defendant Yuan was sentenced to a heavier punishment for theft when he was under age. After the three defendants pleaded guilty and repented, they were given a lighter punishment. After the defendant Guo committed a crime, he actively compensated for the losses of the victim and obtained the victim's understanding. The defendant Guo was given a lighter punishment, and the relevant opinions of the defender were adopted by this court. After learning that his classmate Liu was injured, the defendant Guo actively contacted off campus personnel and participated in beating the student, but did not accept the defense's argument that he was an accessory. Based on this, in order to protect citizens' personal rights, maintain public order, and punish crimes, in accordance with the relevant provisions of the Criminal Law, the defendant Yuan was sentenced to one year and six months in prison, the defendant Fan was sentenced to one year and four months in prison, and the defendant Guo was sentenced to one year and one month in prison with a three-year probation.

（3） Typical significance

The campus is a palace for spreading knowledge and cultivating the future, always a sacred and inviolable place, and violent crimes against the campus are even more severely punished by the law. In this case, some of the defendants were also campus students who were supposed to study hard and acquire knowledge, but they met unhealthy young people in society and introduced them to the campus. They participated in disputes caused by trivial matters among school classmates and indiscriminately assaulted other innocent students, ultimately violating the law and taking the path of crime. Teenagers have unclear concepts of right and wrong in their growth process, and their worldviews and values are easily influenced by others. Therefore, it is crucial to know what kind of people and receive what kind of guidance. The inducement of this case was only due to trivial disputes among classmates, but due to the lack of correct guidance and problem-solving methods, it ultimately attracted the participation of off campus personnel and violated the criminal law. Considering that the third defendant in this case is a student in school and has reached a compensation understanding agreement with the victim, the court ultimately granted him a suspended sentence.

18、 Robbery case involving Qian, Wu, and Li

（1） Basic facts of the case

On the afternoon of July 12, 2014, the defendants Qian, Wu, and Li, along with Wang and He (both under the age of 14), discussed going to play in Li County Square. On the way to the square, Wang proposed to rob, but everyone else agreed. At around 16:00, at the entrance of the Construction Bank in Lixian Square, five people stopped Zhang together. He kicked Zhang down, Wang beat him, and the two threatened him. Later, the five people took away the victim Yi, a blue and white Xidesheng mountain bike. After appraisal, the mountain bike is worth 1116 yuan. At around 3:00 pm on the same day, the defendant Li, together with Wang and He, robbed Li's black Gemas mountain bike in a alley on the west side of the original deaf and mute school in Li County. After appraisal, the mountain bike is worth 1100 yuan.

（2） Judgment results

The defendants, Qian, Wu, and Li, conspired with others to rob others' property through violence or coercion with the purpose of illegal possession. Among them, the defendants, Qian and Wu, participated in one robbery, valued at 1116 yuan; The defendant Li participated in two robberies, worth 2216 yuan; All three defendants' actions have constituted the crime of robbery. The prosecution was found guilty of charges. The defendants Qian, Wu, and Li were all under the age of 18 at the time of the crime. Among them, Qian and Wu were under the age of 16 and Li was under the age of 15, all of whom were minors and should be given a lighter or mitigated punishment. The defendants Qian, Wu, and Li played a secondary and auxiliary role in the first crime charged in the indictment, and were accessory offenders. Therefore, they should be given a lighter or mitigated punishment. Due to the fact that each of the three defendants is a minor under the age of sixteen, the criminal policy of education, probation, rescue, and punishment should be fully implemented during sentencing. It is advisable to reduce the punishment for the three defendants. The defendant Li actively participated in and assaulted the victim in the second crime, so his designated defender's claim that the defendant was an accessory in the crime was not accepted. The three defendants voluntarily plead guilty and may be given a lighter punishment. After the incident, the Xidesheng mountain bike was seized by the public security organs and returned to the victim. The indictment accused the third defendant of the first crime of passively returning the stolen goods, and may be given a lighter punishment as appropriate. The legal representative of the defendant Li voluntarily compensated the economic losses of the second victim. Li obtained the victim's understanding and may be given a lighter punishment at his discretion. After investigation, all three defendants are first-time and occasional offenders, and may be given a lighter punishment as appropriate. The criminal target of the three defendants is a minor, and they may be given a heavier punishment according to their discretion. The prosecution adopts the sentencing suggestions of the defendant. The court verdict: Firstly, the defendant Li committed robbery and was sentenced to one year and ten months in prison, with a fine of 1000 yuan. 2、 The defendant Qian committed robbery and was sentenced to ten months in prison, with a fine of 500 yuan. 3、 The defendant, Wu, committed robbery and was sentenced to ten months in prison, with a fine of 500 yuan.

（3） Typical significance

The three defendants are all minors under the age of sixteen. Due to parents being busy with their own work and neglecting to discipline their children, they believe that their children should be well fed and clothed, without paying attention to their moral, intellectual, and legal education. The complexity of the current social environment and the deterioration of public security, as well as various bizarre temptations, make it difficult for children who lack control and physical and mental maturity to distinguish right from wrong, Sometimes, out of brotherly loyalty or irresistible temptation, one takes the path of crime.

As trial judges, we should provide more care and spiritual comfort to minors who have gone astray. We should pay attention to deeply understanding the life and growth background of delinquent minors, guide them to sincerely repent, help them solve practical difficulties, and enable delinquent minors to smoothly return to society.

19、 Ran Moumou's intentional injury case

（1） Basic facts of the case

Ren, a student of Daweizhuang Middle School in Qingyuan District, had a conflict with Ma, a student of that school, due to trivial matters at school. Ren asked Zhao Xu and Lu to help find someone to beat Ma. At around 6 pm on June 22, 2012, Zhao Yamou (sentenced) called Zhao Hongmou, Zhao Beimou (sentenced), Zhao Congmou, and Liu Moumou (sentenced). Shen Moumou (sentenced) called Liu Yamou (sentenced), Liu Chuanmou, Feng Moumou, Sun Mou (sentenced), and Shen Guangmou (sentenced) at the entrance of Daweizhuang Middle School, waiting for Ma Moumou. Cui Hemou met defendants Ran and Cui Mengmou on his way home from school. Cui Hemou informed Ran and Cui Mengmou that Ren and others were going to beat Ma. Ran and Cui Mengmou decided to pick him up. I met Zhao Ya and others near Daweizhuang Middle School, and they had an argument before fighting. Ran stabbed Zhao Yamou in the lungs with a fruit knife, causing bilateral pneumothorax, foreign body retention in the left chest, left lung laceration, and surgical treatment, resulting in a second degree serious injury. After the incident, on March 28, 2015, Ran compensated Zhao Yamou for economic losses of RMB 30000.

（2） Judgment results

After trial, the People's Court of Qingyuan District found that the defendant Ran intentionally injured another person's body, causing one person to be seriously injured at level two, and his behavior has constituted the crime of intentional injury. The criminal facts charged by the public prosecution organs are clear, the evidence is reliable and sufficient, and the charges are established. They should be held criminally responsible in accordance with the law. The defendant Ran, who committed the crime with a murder weapon, should be given a heavier punishment as appropriate. The defendant Ran was under the age of eighteen at the time of the crime and should be given a lighter punishment. The defendant Ran Moumou truthfully confessed his crime, which is a confession and can be given a lighter punishment. The defendant Ran has compensated the victim for economic losses and has obtained the victim's understanding. He may be given a lighter punishment as appropriate. Taking into account the above circumstances, the defendant Ran can be suspended in accordance with the law. According to the relevant provisions of the Criminal Law, the defendant Ran Moumou was sentenced to three years in prison with a three-year probation for the crime of intentional injury. After the verdict was pronounced, Ran did not appeal, and the verdict has now come into effect.

（3） Typical significance

The object of intentional injury crime is the right to physical health of others, and the subject of this crime is the general subject. Any natural person who reaches the age of criminal responsibility and possesses the capacity for criminal responsibility can constitute this crime. Among them, if a natural person who has reached the age of 14 but not the age of 16 intentionally harms or causes serious injury or death, they shall bear criminal responsibility. In this case, the defendant Ran, who was supposed to report the problem to the teacher in a timely manner, impulsively pulled out a knife and stabbed someone else. His behavior has constituted the crime of intentional injury, and he should be held criminally responsible in accordance with the law. Ran Panchao's behavior caused great harm to both families, which is regrettable. When a tragedy occurs, our society should not blindly blame and impose severe punishment on it. This will only increase children's hostility towards society, increase the burden on society, and increase judicial costs. We should provide them with maximum tolerance, guide and reduce their hatred and retaliation towards society to the greatest extent possible, make them truly useful to society, and promote a more harmonious society. After comprehensive consideration, the court applied a probation to Ran Panchao in order to give him a chance to make a comeback.