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2023-08-09

{"zh":"最高人民法院2014年11月24日发布未成年人审判工作典型案例98例","en":"On November 24, 2014, the Supreme People's Court released 98 typical cases of juvenile justice work"}

{"zh":"

目录

1.   孙某聚众斗殴案

2.   马某某买卖国家机关证件案

3.   张某抢劫、寻衅滋事案

4.   王某某故意伤害案

5.   王某抢劫案

6.   王某寻衅滋事、故意伤害案

7.   刘某某故意伤害案

8.   赵某某窃取、非法提供信用卡信息案

9.  张某编造虚假恐怖信息案

10.金某某抢劫案

11.乐某某放火案

12.邹某某猥亵儿童案

13.刘某、周某强奸案

14.单某等抢劫案

15.薄晓矿强奸案

16.徐德江猥亵儿童案

17.张宗亚强奸、强制猥亵儿童案

18.刘雷强奸案

19.刘某强奸案

20.武玉振拐卖儿童案

21.徐谷传故意伤害案

22.刘某强迫卖淫及收买被拐卖妇女案

23.何某、陈某某、卞某某抢劫案

24.王怀志、杨丽仙遗弃案

25.郭某荣、郭某辉贩卖、运输毒品案

26.林敏某故意伤害案

27.林某、陈某等寻衅滋事案

28.马一某、马福某强奸案

29.许某某诈骗案

30.张某某开设赌场案

31.殷某昌劫杀养父母案

32.吴某某等校园枪击案

33.陆某某等12未成年人参加黑社会性质组织案

34.黄某雄等未成年犯罪团伙寻衅滋事案

35.罗某某等7名未成年人聚众斗殴重审案

36.蔡某投放危险物质案

37.莫某某等三名未成年人故意伤害案

38.方某某等抢劫案

39.梁某抢劫案

40.李某盗窃案

41.何某劲等放火烧毁庙宇案

42.朱某权等故意伤害案

43.王某某盗窃案

44.董某某、宋某某抢劫案

45.李某某、程某某故意杀人案

46.孙某某、宋某某、陶某某、李某某抢劫案

47.王永志、赵嘉、丁某力、丁某天寻衅滋事案

48.吴某某盗窃案

49.姬某某故意伤害案

50.高洋、梁某、崔某某等12人故意伤害案

51.曹某抢劫案

52.赵某某故意伤害案

53.王某盗窃案

54.杨某某故意杀人案

55.杨学奇强奸、猥亵妇女、盗窃案

56.华双记强奸、猥亵儿童案

57.战继登强奸案

58.孙同山、张祖斌等18名被告人拐卖儿童案

59.史德阳强迫卖淫罪

60.魏帅、张顺、康倩倩、宋琰玲、组织未成年人进行违反治安管理活动罪

61.郭某某故意伤害案

62.李某故意伤害案

63.小丽诉张某抚养费纠纷案

64.赵某诉王某丁、张某等人法定继承纠纷案

65.李某诉孙某变更抚养关系纠纷案

66.谢某某诉赵某变更抚养关系纠纷案

67.厉某某诉盛某、盛某某、王某某、闵行区航华第一小学教育机构责任纠纷案

68.华某某诉上海市第一八佰伴有限公司人身损害赔偿纠纷案

69.黄某诉刘某探望权纠纷案

70.张某诉郭某某探望权纠纷案

71.张某等诉高某某等变更抚养关系纠纷案

72.丁某瑶诉丁某抚养费纠纷案

73.庄建玉诉吴建光变更抚养关系案

74.赵某诉仪征市金升外国语学校人身损害赔偿纠纷案

75.曹某诉睢宁县树人中学一般人格权纠纷案

76.秦鑫洋诉秦文权抚养费纠纷案

77.叶亚坤诉刘义会一般人格权纠纷案

78.汪某诉明光学校校园人身损害赔偿案

79.陈某博诉钟某雄健康权纠纷案

80.刘志辉诉陈路路、陈庆忠、沈梅琴、福建省泉港山腰中学身体权纠纷案

81.康某轩诉建阳市小湖中心小学生命权、健康权、身体权纠纷案

82.林丽某被撤销监护权案

83.罗元春、刘先女诉罗学铠、刘绍坤生命权、健康权、身体权纠纷案

84.朱某芳诉朱某抚养费纠纷案

85.王某某诉张某某生育选择权纠纷案

86.席自闯诉席居方抚养费纠纷案

87.占鑫钰诉被告大商集团郑州新玛特购物广场有限公司生命权、健康权、身体权纠纷案

88.王传伟、王志红诉王斌、夏荣叶监护人责任纠纷案

89.孙志勇诉贾玉洁探望权纠纷案

90.马某某诉朱某某变更抚养关系纠纷案

91.郑某某诉耿某某、曹县常乐集乡焦村庙小学健康权纠纷案

92.张某某诉大地财产保险、中国人寿保险股份公司意外伤害保险合同纠纷案

93.杨洁诉苏忠变更抚养关系案

94.余某某诉颜某妹抚养费纠纷案

95.周熠与肖凡、肖作木永安市第九中学健康权纠纷案

96.李夏某诉上海市公安局浦东分局户口登记案

97.李某某诉广饶县广饶街道十九村村民委员会农业行政给付纠纷案

98.荆某某诉东营市河口区六合街道协胜村民委员会不履行协助落户职责案

 

刑事类案例

一、孙某聚众斗殴案

(一)基本案情

被告人孙某(某校高一学生)的朋友马某(职高一年级学生)与同班同学李某(职高一年级学生)因琐事发生矛盾。20101020日下午,被告人孙某与李某电话联系,要求李某向马某赔礼道歉,双方言语不和,进而在电话中约定于当日1730分在北京市某区职业高中附近斗殴。当日18时许,孙某及其纠集的多名同学在该职业高中宿舍区附近,与李某及其纠集的多名同学持械斗殴。其间,孙某持皮带、一人持刀并有多人持棍将李某等人打伤,致李某轻伤;另致6人轻微伤。20101022日,孙某被公安机关抓获。

在诉讼过程中,经法院主持调解,被告人孙某及其法定代理人与本案各被害人自愿达成调解协议,孙某赔偿李某等被害人医疗费、护理费、后续治疗费等各项经济损失共计人民币34800元,各被害人对孙某均表示谅解。

(二)裁判结果

北京市石景山区人民法院经审理认为,被告人孙某在公共场所纠集多人持械斗殴且系首要分子,其行为已构成聚众斗殴罪,依法应予惩处。鉴于被告人孙某犯罪时未成年,系初犯,积极赔偿被害人的经济损失并得到被害人的谅解且如实供述犯罪事实,认罪态度较好,故对其依法减轻处罚并适用缓刑,判决被告人孙某犯聚众斗殴罪,判处有期徒刑二年六个月,缓刑三年。

(三)案例评析

通过社会调查,法官了解到因家庭发生重大变故,孙某存在明显的自我封闭、焦虑紧张等不良情绪。通过未成年人心理干预机制,法官进一步了解到,孙某的问题属自卑导致的“冲动型过度自我维护”。经法官释法明理,孙某赔偿了被害人经济损失并向被害人赔礼道歉,取得了被害人谅解,附带民事诉讼圆满解决。法庭综合考虑各方因素,对孙某宣告了缓刑,向其送达了《法官寄语》,并辗转为其联系了复学学校。

 

二、马某某买卖国家机关证件案

(一)基本案情

20134月某日,被告人马某某(中学生)通过网络购买了多套机动车行驶证和机动车号牌,在向他人出售时被民警当场抓获。经依法鉴定,上述证件均系伪造。被告人马某某到案后如实供述了作案事实。

(二)裁判结果

北京市海淀区人民法院经审理认为,被告人马某某向他人出售非法制造的机动车号牌及机动车行驶证,其行为已构成买卖国家机关证件罪,应予惩处。鉴于被告人马某某犯罪时未成年,系初犯;到案后能如实供述犯罪事实,认罪态度较好,经庭审教育有一定悔罪表现;同时考虑到本案所涉赃物已起获,尚未流入社会;且其就读学校同意接收其继续上学,具备适用缓刑的条件,故依法对被告人马某某从轻处罚并宣告缓刑。

(三)案例评析

本案的特色在于充分落实未成年人刑事审判特色工作。法官通过社会调查了解到马某某在校期间一贯表现良好,多次受表彰。当得知学校计划开除马某某时,法官找到学校校长,使学校认同了少年法庭的工作理念,并共同制定了详细的帮教计划。

庭审中,马某某的亲属、学校领导、班主任及社会调查员,与合议庭、公诉人、辩护人一起,从亲情、师生情、友情、道德、法律等角度共同进行了生动而深刻的法庭教育,马某某深受感动。最终,法院依法对马某某宣告了缓刑,并送达了饱含温情的“法官寄语”。案件生效后,法官一直与马某某保持联系,关心他的学习、生活情况,并督促其家长按时参加海淀法院“亲职教育课堂”。

 

三、张某抢劫、寻衅滋事案

(一)基本案情

20114914时许,被告人张某(17岁)伙同被告人王某等4人(均另案处理),在他人纠集下,在北京市某公司工地,持砍刀等对该公司员工马某、吕某等人进行追打,抢走石料125吨,经鉴定价值人民币1750元。

201161920时许,被告人张某在河北省某市一饭店内,酒后无故持啤酒瓶击打被害人余某头部,并将余某右前臂划伤,余某经鉴定为轻伤。

(二)裁判结果

北京市门头沟区人民法院经审理认为,被告人张某以非法占有为目的,以暴力手段强行劫取他人财物,其行为已构成抢劫罪;被告人张某随意殴打他人,情节恶劣,破坏社会秩序,其行为已构成寻衅滋事罪,应实行数罪并罚。鉴于被告人张某在犯罪时均系未成年人,应依法对其减轻处罚。被告人张某到案后能如实供述犯罪事实,且认罪态度较好;张某揭发检举他人非法持有枪支的行为,查证属实,系立功,可依法对其减轻处罚。据此,判决被告人张某犯抢劫罪,判处有期徒刑二年,缓刑二年,罚金人民币2000元;犯寻衅滋事罪,判处有期徒刑十个月,缓刑一年,决定执行有期徒刑二年八个月,缓刑三年,罚金人民币2000元。

(三)案例评析

本案的特点在于引用了“合适未成年人制度”。在案件审理期间,法官、合适成年人做了大量的沟通、帮教工作。案件宣判后,法官与合适成年人在张某18岁生日当天前往张某老家进行回访,并为其举行成人礼。张某高声宣誓要做一个奉公守法的公民,为社会做出应有贡献。目前,张某从事货运工作,对未来生活充满了信心。

 

四、王某某故意伤害案

(一)基本案情

20091120日,被告人王某某(19939月出生)应朋友陈某的请求来到某附属中学,二人在学校门口遇到梁某某等十余人,后被带到某一小区里。被害人梁某某坐在花坛边,让被告人王某某蹲下,被告人王某某不服从,被害人梁某某首先动手打了王某某,王某某随后持刀将被害人扎伤,致其腹部开放性刀刺伤、肝破裂,面部及腰背部多处刀刺伤,经鉴定为重伤。被告人王某某左额部受伤,经鉴定为轻微伤。当日,王某某向公安机关投案。

(二)裁判结果

在诉讼过程中,被害人提起附带民事诉讼,要求被告人赔偿因故意伤害行为给其造成的损失。经北京市海淀区人民法院依法调解,双方最终就附带民事赔偿问题达成协议,并在刑事部分开庭前履行完毕。在对被告人量刑时,合议庭对被告人酌情予以从轻处罚,判处有期徒刑三年,缓刑三年。

(三)案例评析

本案法官通过情理交融的耐心工作,使附带民事部分顺利达成调解协议,取得了良好的审判效果和社会效果。一方面,被害人损失得到及时弥补,对被告人表示谅解;另一方面,被告人认识到行为的危害,真诚悔过自新。法院综合具体案情,以及被告人得到谅解、学校愿意接收等因素,对其判处了缓刑。被告人家属送来两面锦旗,上书“严格执法、挽救少年”、“知心姐姐”。

 


","en":"

catalogue

1. Sun gathered a crowd to engage in a brawl case

2. Case of Ma Buying and Selling State Agency Documents

3. Zhang's robbery and provocation case

4. Wang's intentional injury case

5. Wang's Robbery Case

6. Wang's provocation and intentional injury case

7. Liu's intentional injury case

8. Zhao's case of stealing and illegally providing credit card information

9. Case of Zhang fabricating false terrorist information

10. Jin's Robbery Case

11. Le Moumou arson case

12. Zou Moumou's case of child molestation

13. The rape case of Liu and Zhou

14. Robbery case by Shan and others

15. The rape case of Bo Xiaokuang

16. Xu Dejiang's child molestation case

17. Zhang Zongya's rape and forced child molestation case

18. Liu Lei's rape case

19. Liu's rape case

20. Wu Yuzhen's abduction and trafficking of children case

21. Xu Gu Chuan's Intentional Injury Case

22. Liu's Forced Prostitution and Bribery of Abducted Women

23. Robbery by He, Chen, and Bian

24. Wang Huaizhi and Yang Lixian Abandonment Case

25. Case of Guo Mourong and Guo Mouhui Selling and Transporting Drugs

26. Lin Min's intentional injury case

27. Cases of provocation and trouble caused by Lin, Chen, and others

28. Ma Yimou and Ma Fumou Rape Cases

29. Xu's Fraud Case

30. Zhang's Case of Opening a Casino

31. Yin Mouchang's Case of Robbing and Killing Foster Parents

32. Wu et al. Campus Shooting Case

33. The case of Lu Moumou and other 12 minors participating in criminal organization

34. Case of provocation and trouble caused by underage criminal gangs such as Huang Mouxiong

35. Seven minors including Luo gathered to engage in a brawl for retrial

36. Case of Cai's placement of hazardous substances

37. Case of intentional injury to three minors including Mo

38. Robbery case by Fang and others

39. Liang's Robbery Case

40. Li's theft case

41. Case of He Moujin and others setting fire to burn down a temple

42. Case of intentional injury by Zhu Mouquan and others

43. Wang's theft case

44. Dong and Song robbery cases

45. Li and Cheng intentional homicide cases

46. Robbery by Sun, Song, Tao, and Li

47. Wang Yongzhi, Zhao Jia, Ding Mouli, and Ding Moutian's provocation and trouble shooting case

48. Wu's theft case

49. Case of intentional injury by Ji Moumou

50. Cases of intentional injury to 12 individuals including Gao Yang, Liang, and Cui

51. Cao's Robbery Case

52. Zhao's intentional injury case

53. Wang's theft case

54. Yang's intentional homicide case

55. Yang Xueqi's rape, molestation of women, and theft cases

56. Huashuangji rape and child molestation case

57. Zhan Jideng Rape Case

58. Case of 18 defendants including Sun Tongshan and Zhang Zubin abducting and selling children

59. Shi Deyang's Crime of Forced Prostitution

60. Crimes of Wei Shuai, Zhang Shun, Kang Qianqian, Song Yanling, Organizing Minors to Engage in Violations of Public Security Management Activities

61. Case of Intentional Injury by Guo Moumou

62. Li's intentional injury case

63. Xiaoli v. Zhang's dispute over alimony

64. Zhao v. Wang, Ding, Zhang, and others in the legal inheritance dispute case

65. Li v. Sun regarding the dispute over the change of upbringing relationship

66. Dispute over Xie v. Zhao's Change of Parental Relationship

67. Li v. Sheng, Sheng, Wang, and Minhang District Hanghua First Primary School Education Institution Responsibility Dispute Case

68. Huamoumou v. Shanghai First Eight Hundred Companions Co., Ltd. Personal Injury Compensation Dispute Case

69. Huang v. Liu's Right to Visit Dispute Case

70. Zhang v. Guo's Visitation Right Dispute Case

71. Dispute Case of Zhang et al. v. Gao et al. on Changing Parental Relationship

72. Ding Mouyao v. Ding Mou's dispute over alimony

73. Zhuang Jianyu v. Wu Jianguang's Change of Parental Relationship Case

74. Zhao v. Yizheng Jinsheng Foreign Language School Personal Injury Compensation Dispute Case

75. Cao v. Suining County Shuren Middle School General Personality Rights Dispute Case

76. Qin Xinyang v. Qin Wenquan's dispute over alimony

77. Ye Yakun v. Liu Yihui General Personality Rights Dispute Case

78. Wang v. Mingguang School Campus Personal Injury Compensation Case

79. Chen Moubo v. Zhong Mouxiong in the dispute over the right to health

80. Liu Zhihui v. Chen Lulu, Chen Qingzhong, Shen Meiqin, and Fujian Quangang Shanyao Middle School over Body Rights Dispute Case

81. Kang Mouxuan v. Primary School Students' Rights to Life, Health, and Body in Xiaohu Center, Jianyang City

82. Case of Lin Li's Revocation of Custody

83. Dispute Case between Luo Yuanchun and Liu Xiannu v. Luo Xuejia and Liu Shaokun on the Rights to Life, Health, and Body

84. Zhu Moufang v. Zhu Mou's dispute over alimony

85. Wang v. Zhang's dispute over the right to choose a child

86. Case of Xi Zichuang suing Xi Jufang for custody dispute

87. Zhan Xinyu v. Defendant Dashang Group Zhengzhou Xinmate Shopping Plaza Co., Ltd. Dispute over the Rights to Life, Health, and Body

88. Wang Chuanwei and Wang Zhihong v. Wang Bin and Xia Rongye in the Case of Guardianship Responsibility Dispute

89. Sun Zhiyong v. Jia Yujie's Right to Visit Dispute Case

90. Ma v. Zhu for Change of Parental Relationship Dispute

91. Zheng v. Geng and Jiaocun Temple Primary School in Changleji Township, Caoxian County

92. Zhang sued Dadi Property Insurance and China Life Insurance Co., Ltd. for a dispute over accidental injury insurance contracts

93. Yang Jie v. Su Zhong's Change of Parental Relationship Case

94. Yu Moumou v. Yan Moumei in a dispute over alimony

95. Dispute over the Right to Health between Zhou Yi, Xiao Fan, and Xiao Zuomu at Yong'an No. 9 Middle School

96. Li Xia v. Shanghai Public Security Bureau Pudong Branch Household Registration Case

97. Li Moumou v. Agricultural Administrative Payment Dispute of Village 19, Guangrao Street, Guangrao County

98. Case of Jing Moumou suing the Xiesheng Village Committee of Liuhe Street in Hekou District, Dongying City for not fulfilling its duty of assisting in settling down


Criminal cases

1、 Sun Mou's Crowd Fighting Case

(1) Basic facts of the case

Defendant Sun's friend Ma (a first year student of a certain school) and classmate Li (a first year student of a vocational high school) had a conflict over trivial matters. On the afternoon of October 20, 2010, the defendant Sun contacted Li by phone and demanded that Li apologize to Ma. The two sides had a disagreement and agreed to engage in a brawl near a vocational high school in a certain district of Beijing at 17:30 on the same day. At around 18:00 on the same day, Sun and several of his classmates gathered near the dormitory area of the vocational high school, engaged in armed fights with Li and several of his classmates gathered together. During this time, Sun was holding a belt, one person was holding a knife, and multiple people were holding sticks to injure Li and others, resulting in minor injuries to Li; Six others were slightly injured. On October 22, 2010, Sun was arrested by the public security organs.

During the litigation process, through mediation presided over by the court, the defendant Sun and his legal representative voluntarily reached a mediation agreement with the victims of this case. Sun compensated Li and other victims for various economic losses such as medical expenses, nursing expenses, and follow-up treatment costs, totaling RMB 34800. Each victim expressed understanding for Sun.

(2) Judgment results

After trial, the People's Court of Shijingshan District, Beijing found that the defendant Sun gathered multiple people in a public place to engage in armed brawl and was the ringleader. His behavior constitutes the crime of gathering people to engage in brawl and should be punished in accordance with the law. Considering that the defendant Sun was under age at the time of the crime and was a first-time offender, actively compensated for the economic losses of the victim and obtained the victim's understanding and truthful confession of the crime facts, and had a good attitude of confession, the defendant Sun was given a mitigated punishment in accordance with the law and a suspended sentence was applied. The defendant Sun was sentenced to two years and six months in prison and three years in probation for the crime of affray.

(3) Case analysis

Through social investigation, the judge learned that Sun had obvious negative emotions such as self isolation, anxiety, and tension due to major family changes. Through the mechanism of psychological intervention for minors, the judge further learned that Sun's problem belongs to the "impulsive excessive self maintenance" caused by his inferiority complex. After the judge's interpretation of the law, Sun compensated the victim's economic losses and apologized to the victim, obtaining the victim's understanding, and the civil lawsuit was successfully resolved. Taking into account various factors, the court announced a probation for Sun, delivered the "Judge's Message" to him, and contacted the resumption school for him.


2、 Case of Ma Buying and Selling State Agency Documents

(1) Basic facts of the case

On April certain, 2013, the defendant Ma (a middle school student) purchased multiple sets of motor vehicle licenses and license plates through the internet and was caught by the police on the spot while selling them to others. After legal appraisal, all the above-mentioned documents are forged. After the defendant Ma arrived at the case, he truthfully confessed the facts of the crime.

(2) Judgment results

After trial, the Haidian District People's Court of Beijing found that the defendant Ma sold illegally manufactured motor vehicle license plates and motor vehicle driving licenses to others, which constituted the crime of buying and selling state agency documents and should be punished. Given that the defendant, Ma, was under age at the time of the crime and was a first-time offender; After arriving at the case, he/she can truthfully confess the facts of the crime, has a good attitude of confession, and has shown some repentance after being educated in court trial; Considering that the stolen goods involved in this case have been seized and have not yet entered society; And his school of study has agreed to accept him to continue his education, which meets the conditions for applying probation. Therefore, the defendant Ma is given a lighter punishment and his sentence is suspended in accordance with the law.

(3) Case analysis

The characteristic of this case lies in fully implementing the characteristic work of juvenile criminal trial. The judge learned through social investigation that Ma has consistently performed well during his school years and has been commended multiple times. When the judge learned that the school planned to expel Mr. Ma, the judge approached the school principal and made the school agree with the working philosophy of the juvenile court, and jointly developed a detailed tutoring plan.

During the trial, Ma's relatives, school leaders, homeroom teachers, and social investigators, along with the collegiate bench, prosecutors, and defenders, provided vivid and profound court education from the perspectives of family, teacher-student, friendship, morality, and law. Ma was deeply moved. In the end, the court declared Ma's probation in accordance with the law and delivered a warm "judge's message". After the case came into effect, the judge has been in contact with Ma Moumou, caring about his learning and living conditions, and urging his parents to attend the "parental education class" of Haidian Court on time.


3、 Zhang's robbery and provocation case

(1) Basic facts of the case

At around 14:00 on April 9, 2011, the defendant Zhang (17 years old), along with the defendant Wang and four others (all dealt with separately), were gathered by others and chased after the employees Ma, Lv, and others at a construction site of a company in Beijing with machetes. They seized 125 tons of stone and priced it at 1750 yuan.

At around 20:00 on June 19, 2011, the defendant Zhang hit the victim Yu on the head with a beer bottle after drinking in a hotel in a certain city, Hebei Province, and scratched his right forearm. Yu was identified as a minor injury.

(2) Judgment results

After trial, the People's Court of Mentougou District, Beijing found that the defendant Zhang forcibly robbed others' property with the purpose of illegal possession, and his behavior constituted the crime of robbery; The defendant, Zhang, arbitrarily assaulted others, with a malicious plot that disrupted social order. His behavior has constituted the crime of causing trouble and should be punished for multiple crimes. Given that the defendant Zhang was a minor at the time of the crime, he should be given a mitigated punishment in accordance with the law. After the defendant Zhang arrived at the case, he was able to truthfully confess the facts of the crime and had a good attitude of confession; Zhang exposed and reported the illegal possession of firearms by others, which was verified to be true and meritorious. He may be given a mitigated punishment in accordance with the law. Based on this, the defendant Zhang was convicted of robbery and sentenced to two years in prison, suspended for two years, and fined RMB 2000; For the crime of provoking and causing trouble, he shall be sentenced to ten months' imprisonment with a one-year suspension, and shall be sentenced to two years and eight months' imprisonment with a three-year suspension, with a fine of RMB 2000.

(3) Case analysis

The characteristic of this case is that it cites the 'suitable minor system'. During the trial of the case, judges and suitable adults conducted a lot of communication and assistance work. After the verdict of the case was pronounced, the judge and a suitable adult visited Zhang's hometown on his 18th birthday and held an adulthood ceremony for him. Zhang vowed loudly to be a law-abiding citizen and make due contributions to society. At present, Zhang is engaged in freight transportation and is full of confidence in his future life.


4、 Wang's intentional injury case

(1) Basic facts of the case

On November 20, 2009, the defendant Wang (born in September 1993) came to an affiliated high school at the request of his friend Chen. The two of them met more than ten people, including Liang, at the school gate and were later taken to a certain community. The victim, Liang, sat by the flower bed and asked the defendant, Wang, to squat down. The defendant, Wang, did not obey. The victim, Liang, first hit Wang, and Wang then stabbed the victim with a knife, causing open abdominal stabs, liver rupture, and multiple stabs on the face and back, which were identified as serious injuries. The defendant Wang was injured in the left forehead and was identified as a minor injury. On that day, Wang submitted his case to the public security organs.

(2) Judgment results

During the litigation process, the victim initiates an incidental civil lawsuit demanding compensation from the defendant for the losses caused by intentional injury. After legal mediation by the Haidian District People's Court of Beijing, both parties finally reached an agreement on the issue of incidental civil compensation and fulfilled it before the criminal part of the trial. When sentencing the defendant, the collegial panel may impose a lenient punishment on the defendant, with a three-year imprisonment and a three-year probation.

(3) Case analysis

The judge in this case successfully reached a mediation agreement for the incidental civil part through patient work that blends reason and reason, achieving good trial and social effects. On the one hand, the victim's losses are promptly compensated and the defendant is understood; On the other hand, the defendant realized the harm of their behavior and sincerely repented and started anew. The court, taking into account the specific circumstances of the case, as well as factors such as the defendant's understanding and the school's willingness to accept it, sentenced him to a suspended sentence. The family of the defendant sent two banners with letters stating "Strict Law Enforcement, Saving the Youth" and "Sister in the Heart".


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