Legal case

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Gong and others intentionally hurt and cover up the case.

Chongqing No.2 Intermediate People's Court

Criminal incidental civil judgment

(2009) Zi Chu No.3 in Chongqing Law No.2 Middle School Punishment

Public prosecution organ of the second branch of Chongqing Municipal People's Procuratorate.

Plaintiff Lan Mou in incidental civil action. It's the father of the victim, Lan Xu Hong.

Plaintiff Xie Mou in incidental civil action. This is the mother of the victim Lan.

Plaintiff Lan Mou in incidental civil action. This is the daughter of the victim Lan.

Legal Representative Xiong Meiqiong. It is the mother of the plaintiff Lan.

Agents ad litem: Li Tianwen and Xiang Ping, legal workers of Baian Law Service Office, Wanzhou District, Chongqing.

Defendant Gong, nicknamed "monitor". 1February 1996 was sentenced to two years' imprisonment by the former Wuqiao District People's Court of Wanxian City for committing theft; In August 2005, he was sentenced to one year's imprisonment by the Wanzhou District People's Court of Chongqing for intentional injury, and was released on August 2006 10. On July 29, 2008, he was criminally detained by the Public Security Bureau of Wanzhou District, Chongqing on suspicion of intentional injury. He was arrested on August 19 of the same year and is now detained at Wanzhou District Detention Center in Chongqing.

Defender and agent ad litem Gong Zhilong, lawyer of Chongqing Chaoxiang Law Firm.

Defendant Qin, nicknamed "Mangkui". On February 26, 2004, he was sentenced to six years in prison by the Wanzhou District People's Court of Chongqing for drug trafficking, and was released on May 26, 2008. On August 24, 2008, he was criminally detained by the Public Security Bureau of Wanzhou District, Chongqing on suspicion of harboring crimes. He was arrested on September 12 of the same year and is now detained in Wanzhou District Detention Center in Chongqing.

Defender Kuang Lan, lawyer of Chongqing Chaoxiang Law Firm.

Defendant Zhang. On September 4, 2008, he was criminally detained by the Public Security Bureau of Wanzhou District, Chongqing on suspicion of harboring crimes. He was arrested on September 4 of the same year and is now detained at Wanzhou District Detention Center in Chongqing.

The defendant to. From June, 5438 to February, 2005, he was sentenced to three years' imprisonment by Wanzhou District People's Court of Chongqing for committing robbery, and was released on February 24th, 2008. On June 27, 2008, he was criminally detained by the Wanzhou District Public Security Bureau of Chongqing on suspicion of harboring crimes. On July 25 of the same year, he was released on bail pending trial by the Wanzhou District Public Security Bureau of Chongqing. On June 5438+February 65438+September 2008, Wanzhou District Public Security Bureau of Chongqing arrested him. He is now being held in Wanzhou District Detention Center in Chongqing.

The second branch of Chongqing Municipal People's Procuratorate accused the defendant Gong of intentional injury, and the defendants Qin, Zhang and Xiang committed the crime of harboring. On June, 2008,165438+1October 2 1 filed a public prosecution in our hospital. In the course of litigation, the plaintiffs of incidental civil litigation, Lan Mou, Xie Mou and Lan Mou, filed incidental civil litigation with our hospital. Our college formed a collegiate bench according to law and held a joint trial in public. The second branch of Chongqing Municipal People's Procuratorate appointed inspector Tang to appear in court to support the public prosecution. Plaintiffs Lan Mou, Xie Mou and their legal representatives Xiong Meiqiong, agents ad litem, defendant Gong Mou and his defender Gong Zhilong, defendant Qin Mou and his defender Kuang Lan, defendant Zhang Mou and Xiang Mou attended the proceedings. The trial is now over.

The Second Branch of Chongqing Municipal People's Procuratorate accused the defendants Gong Mou, Xiang Mou and Lan of drinking at the night beer stand in Xuefu Square, Baianba, Wanzhou District, Chongqing at about 1 am on June 27th, 2008. Gong and Lan had a dispute over drinking, and Lan stabbed Gong's head with a beer bottle. Gong stabbed Lan with a folding knife he carried with him. After Lan escaped, Gong stabbed him twice. Lan Jing was sent to Baianba Branch of Three Gorges Central Hospital for rescue and died. After the incident, the defendant Xiang took Gong by motorcycle to Gong's grilled fish shop in Baianba. After washing blood and changing clothes, Xiangmou fled to Wanzhou Yangtze River Bridge with Gongmou riding a motorcycle. At about 1 1 on the morning of June 27th, 2008, Gong told the defendant that he had a car accident in Wuqiao and hit someone, asking him to help him hide. Subsequently, Qin An arranged for Gong and Chen Yi to hide in Chen Jihai's home in Xiaoyan Village, Tiancheng Town, Wanzhou District, and gave Chen Jihai's father living expenses 500 yuan and Gong 500 yuan. A few days later, the defendants Qin and Zhang went to Chen Jihai's home and told Gong that the public security organs had asked them to understand the situation because they were wounded with a knife. After discussion, Zhang led Gong and Chen Yi to hide at the foot of Dayukou Mountain, and Zhang provided them with food. A few days later, Zhang moved Gong and Chen Yi to Zhou's uncle's house to hide. A week later, Qin arranged for Zhang to send Gong to Fengjie, and Zhang rode a motorcycle to send Gong to Fengjie County to hide. The public prosecution agency presented the defendant's confession and defense, witness testimony, physical evidence, documentary evidence, expert conclusion, on-site investigation record and other evidence in court. It is considered that the defendant Gong's behavior has constituted the crime of intentional injury, and the defendants Qin, Zhang and Xiang's behavior has constituted the crime of harboring. The defendants Gong, Qin and Xiang were recidivists and requested to be sentenced according to law.

Plaintiffs Lan Mou, Xie Mou and Lan Mou in the incidental civil action demanded that the defendant Gong Mou compensate for death compensation of 274,300 yuan, funeral expenses of 1 1549 yuan, lost time expenses of 270 yuan, accommodation and transportation expenses of 3,000 yuan, living expenses of Lan Mou's dependents of 58,000 yuan, living expenses of Xie Mou's dependents of 72,500 yuan and living expenses of Lan Mou's dependents of 59,000 yuan.

The defendant Gong argued that Lan first stabbed his head with a beer bottle and then stabbed Lan's thighs and buttocks with a knife. Instead of continuing to catch up, he just scratched Lan's shoulder and was willing to compensate the victim for his economic losses, requesting a lighter punishment. His defender suggested that the cause of this case was that the victim Lan had obvious and serious faults; The defendant is not subjective and vicious, truthfully confesses the facts of the crime, has the attitude of pleading guilty and repenting, and is willing to compensate the economic losses of the injured party. It is suggested that the defendant be given a lighter punishment.

The defendant Qin asked for a lighter punishment. His defender suggested that Qin harbored a minor crime and had a good attitude of pleading guilty, and suggested that he be given a lighter punishment.

Defendant Zhang and Xiang asked for a lighter punishment.

It was found through trial that on the morning of June 27th, 2008 1 o, the defendants Gong Mou, Xiang Mou and Lan (the victims of this case. People drink in front of the night beer stall in Xuefu Square, Baianba, Wanzhou District, Chongqing. Gong and Lan had an argument over drinking. Lan smashed Gong's head with a beer bottle, and Gong chased Lan with a folding knife he carried with him. Lan Jing was sent to Baianba Branch of Three Gorges Central Hospital for rescue and died. After the incident, the defendant Xiang took Gong to Gong's grilled fish shop by motorcycle. After Gong cleaned his blood and changed his clothes, Xiang drove Gong to Wanzhou Yangtze River Bridge on a motorcycle, and Gong and his girlfriend Rola Chen fled to Wanzhou city by taxi. On the morning of June 27th, 2008, at about 1 1, the defendant Gong and the defendant Qin met in the "beauty salon", claiming that they had a car accident at Wuqiao and had hit someone, and asked Qin to help them hide. Subsequently, Qin An arranged for Gong and Chen Yi to hide in Chen Jihai's home in Xiaoyan Village, Tiancheng Town, Wanzhou District, and gave Chen Jihai's father living expenses 500 yuan and Gong 500 yuan. A few days later, the defendants Qin and Zhang went to Chen Jihai's house and told Gong that the public security organs had asked them to understand the situation because of the stabbing of many people. After discussion, Zhang led Gong and Chen Yi to hide in the "Dagukou" mountain, and Zhang provided food. A few days later, Zhang moved Gong and Chen Yi to Zhou's relatives' house to hide. A week later, the defendant Qin arranged for Zhang to send Gong to Fengjie, and Zhang drove Gong to Fengjie County to hide.

The above facts are confirmed by the following evidence presented in court and cross-examined:

1. The source of this case is recorded in the Registration Form of Alarm Cases, the Registration Form of Accepted Cases and the Decision of Filing a Case.

2. The Public Security Bureau of Wanzhou District of Chongqing arrested Gong in a teahouse in Wuma Township, fengjie county on July 29, 2008 after being investigated by the public security organs; On the evening of August 23, 2008, Qin was arrested at Gloria Hotel. On September 4, 2008, Zhang was arrested in Longdu Square, Wanzhou District; In the early morning of June 27th, 2008, Xiang was arrested in Balitang Community, Baian, Wanzhou District.

3. The defendant Gong confessed that in the early morning of June 27th, 2008, Xiang told him to go to Xuefu Square for a drink. I only knew Xiang when I went, and one of them toasted. Because he didn't finish drinking, the two sides argued, and the other side took a beer bottle and stuck it on his head. At that time, he was bleeding He felt that he had been beaten at the Fifth Bridge, and he had no face. He just wanted to vent his anger, so he stabbed the other side twice with a waist knife, stabbing his waist and legs. The other party stood up and ran. He thought he didn't succeed, but he ran after him and stabbed each other twice. At that time, Xiangmou stood by and saw it. Then Xiangmou sent him back to the grilled fish shop by bike. He washed blood and changed clothes. He was driving a motorcycle at that time. Because he fell in Hengtong Night Market, Xiangmou drove him to Wanzhou Bridge, and then he fled to Wanzhou City with Chen Yi. The next day, he contacted Zou to meet at the "beauty salon" and said that he had hit someone on a motorcycle. Zou helped contact a farmer in "Xiaoyankou" to hide. After living for four days, Qin and Zhang went to "Xiaoyankou" and said that the person he stabbed was dead, and the police looked for them. He asked Qin to move to a place to live, and Qin was looking for a friend's house called "Chuan". He and Chen Yi lived in Dayakou for a few days, and Zhang gave them something to eat and drink. Afraid of being caught, he contacted Qin, who gave him a phone number and asked him to go to Fengjie. Later, Zhang rode a motorcycle to send him to Fengjie, found the "Little Dragon" family contacted by Qin, lived for about four days, and lived in the "Second Brother" family for a few days until he was arrested by the public security organs on July 29, 2008. Qin is mainly responsible for arranging hiding places and giving him some money. Zhang listened to Qin's arrangement, helped to transport daily necessities and sent him to Fengjie.

4. Defendant Qin confessed that at noon on June 27th, 2008, after picking him up to meet Gong and Rola Chen in the beauty salon, Gong said that he would hide when he hit someone by bike and asked him for money. He asked Tang Wei to drive them to Chen Jihai's home in Dongjiayankou. Chen Jihai was still in prison, and Chen's father received them. Before leaving Xiaoyankou, he gave a 500 yuan to Chen Jihai and the rest of 500 yuan to Gong. On June 29, the public security organ asked him about the situation and said that Gong had stabbed someone and the murder case was at large. From then on, he knew that Gong stabbed someone to death. Because they are friends, they lied to the public security organs. After three days, Gong sent a message through others and told him to go to Xiaoyankou. He and Zhang went to Chen Jihai's home in Xiaoyankou. He told Gong that the police came to see him two days ago and the public security organs were arresting Gong. Gong said it was not safe here, so he had to change places. He and Zhang and Gong discussed going to the "Sichuan" mansion to hide for a while, and the four of them walked towards it. He asked Zhang to contact Chuan, and then he separated from them, and Zhang arranged the rest. After more than ten days, Zhang found him and said that "Sichuan" was not safe and had to change places. He said that a friend of Fengjie told Zhang his phone number and asked Zhang to contact him after sending Gong to Fengjie. In a few days, he would take Gong to Myanmar. Zhang said that Rola Chen is not convenient to be together. He asked Zhang to arrange it, but Chen Yi didn't go to Fengjie.

5. Defendant Zhang confessed that in the early morning of June 27th, 2008, he saw Gong and Xiang run back to the grilled fish shop. Gong was covered in blood and knew that Gong had an accident. Later, he learned that Gong was drinking in Xuefu Square and stabbed people to death. On June 29th, the Interpol detachment asked him to investigate Gong. He didn't know where Gong was at that time. Zou told him that Gong was hiding in Dongjiayanjiakou Mountain, which was arranged by Zou. Two days later, Qin told him to go to Dong Jia to see Gong, who lived in a farmhouse. Qin told Gong that the criminal police had looked for them, and it was not safe there. After two days, Gong was taken outside to hide. After dark, they walked with Gong and Chen Yi. After Qin contacted Chuan, he told him to take Gong and Chen to Chuan's home, and Qin broke up with them. The next day, he bought some food for Gong and took it to the mountain. A few days later, he contacted Chuan and went to his uncle's house to live in a vacant room. Chuan's mother delivers meals to Gong and Chen. They hid for another week or so. Qin asked him to send Gong to Fengjie, and told Gong a phone number to contact the man directly. He sent Gong to Fengjie by motorcycle.

6. The defendant confessed to a certain person that on the evening of June 26, 2008, he, his relatives Wu Yonggao, Wu Daiguo and others, as well as his uncle introduced by Wu Daiguo, had a night beer at Baianba Square in Wuqiao and asked Gong to come over for a drink. In order to drink, Gong had an argument, took out a wine bottle and hit Gong's head, and Gong bled. Xiang Zushen was afraid that he would start work and hugged him. He saw Gong He chasing after him. Hong Lan fell to the ground, there was a lot of blood on the ground. Gong had a knife in his hand, and he knew it was Gong who stabbed him. Gong's face, head and body were covered with blood. He rode a red Lifan 150 motorcycle (license plate Chongqing FC6043) and took Gong to the grilled fish shop. Gong took a shower and changed clothes, and went to Wanzhou City by bus. When they arrived at Wanzhou Bridge, Gong's girlfriend Chen Yi came to meet Gong. He also confessed that he was working in Gong's grilled fish shop. Gong usually has a folding waist knife hanging on his belt, which is about 20 cm after opening and the blade is about 10 cm.

7. The witness's testimony confirmed that on the evening of June 26, 2008, she and her husband invited Lan and Wu Daiguo to Zushen for a night beer in Xuefu Square, and later several men came. Lan struggled with the man who claimed to be the "monitor", and a bottle fell to the ground and smashed to pieces. She saw that the man's head, face and chest were covered with blood. After a while, someone shouted to kill someone. She used to see Lan Xu Hong lying on the ground with a wound on her hand. Lan died half an hour after being sent to the hospital on 120.

8. Witness Xiang Zushen's testimony confirmed that on the evening of June 26, 2008, he and Zhang Qin, Wu Daiguo and "Lang Hong" (who just met) went to Xuefu Square to have a snack, and later people came one after another. In the process of drinking, "Lang Hong" and one of them had an argument because of toasting each other. The more they quarreled, the more fierce they became. Lang Hong picked up an empty bottle and threw it at the man's head. At that time, he bled on the man's head. I don't know when, the man who was beaten by Lang Hong came running and stabbed Lang Hong. When he found it, Lang Hong had fallen to the ground, bleeding a lot.

9. Witness Wu Daiguo's testimony confirmed that on the evening of June 26, 2008, he and Lan, Xiang Zushen and Xue Fu Square went to the night beer stall for drinking, and when they were drinking, they met Xiang and others, and they drank together. After a while, a man who claimed to be the monitor had an argument with Lan for drinking. When he came back from the toilet, he found Lan lying on his back, bleeding. A man stood in front of Lan, holding a knife, the length of which was about ten centimeters. After that, the man ran away on Xiangmou's motorcycle, and the man was also called by Xiangmou.

10. The testimony of witness Yan Yong confirmed that on the evening of June 26th, 2008, Wu Daiguo invited him to Wuqiao for a drink, and Hong Lan also spoke. When he went to Baianba Xuefu Square to drink and chat, Hong Lan got into a fight with a man. The man pulled out a big knife from his waist and went to block it. The man danced a knife and then dodged. The two of them rushed head-on, and the man with the knife stabbed Hong Lan in the ass or waist.

1 1. Witness Rola Chen's testimony confirmed that on the evening of June 26, 2008, she saw Gong and Xiang riding back to the store while playing cards. She called Xiang, who said she was on the Yangtze River Bridge, and she took a taxi to chase him. When Xiang returned to the Fifth Bridge, she and Gong arrived in Wanzhou City. She went home to get some medicine and bandaged Gong's wound at the hotel. She thinks something should have happened. The next morning, around 10, Gong met with Mangkui in the beauty salon where the Armed Police Detachment was located, and claimed that he had stabbed others while drinking in Wuqiao last night. I wonder if anyone died. "Mang Kui" said to inquire and told Gong Xian to hide. When it was dark, "Mangkui", Gong Mou and her three people went to Dong Jia's "Xiaoyankou" family named Chen to hide. Before he left, "Busy Kui" gave money to 500 yuan at home and to Gong 500 yuan. After staying for four or five days, Mangkui came with Zhang. "Busy Kui" told Gong that the criminal police had found him. It's not safe here now, so we must move out. They went down the mountain together and came to the "Dayakou". Busy Kui said that "Chuan" would hide for a few days, so they hid in Uncle Chuan's house, and "Chuan" delivered meals every day. After living for a week, Gong said that he wanted to change places. Qin contacted Gong to go to Fengjie.

12. The witness's testimony confirmed that at noon on June 27th, 2008 1 hour, Qin went to Dahegou, Sharon Road to look for Qin. Soon, Zhao Bajiu, Heping and a woman came. He saw Heping's face was black and blue. At 5 o'clock in the afternoon, Zou said that he would go to his in-laws' house for a few days and let him send it over. So he drove the three of them to a rural family. After arriving at Qin's father-in-law's house, Qin gave his father-in-law 500 yuan money as their living expenses.

13. The testimony of witness Chen Changlin confirmed that Mangkui and his son Chen Jihai had been in prison together. On June 27th, 2008, Mankui brought a man and a woman to his home, saying that they were his friends, and there was a traffic accident at Wuqiao. The other party wanted to make trouble, stayed in his house for two days and then left. He agreed, "Mang Kui! The man and a woman stayed in his house for two or three days, and then Busy Kui came with a baby. I don't know what to say. The four of them left when it was getting dark.

14. The testimony of witness Zhou and Zhang confirmed that on or around July 4, 2008, Zhang called him and said that two friends had come to his house for two days. At that time, he felt that it was inconvenient at home, so he said that his uncle's house was free and he could stay. In this way, Zhang brought a man and a woman, both of whom were fat. He thought he was hiding from the children. They stayed at his uncle's house for about five or six days, and he delivered meals from home.

15. Witness Wan's testimony confirmed that on June 18, 2008, when he invited him to dinner, a person who came with him said that his name was Yes, and he went to Fengjie to do ore business together. The man stayed at his mother-in-law's house for a few days and stayed at his house for one night on July 28th, 2008. On the 29th, when they were playing cards in a teahouse, the Public Security Bureau took the man away.

16. The witness's testimony confirmed that he knew Qin and Gong through Qin. At the beginning of July 2008, a phone call was made to his mobile phone. He had something to deal with first, and then called the other party to say it was peace. After meeting Gong in the afternoon, I asked what was going on. Gong said he was in a bad mood and came down to play for a few days. Gong stayed with him for a few days during his menstrual period, and later he brought Gong home. Gong lives at home. At the end of July, he heard that Gong was arrested.

17. Identify transcripts and photos

① On August 19, 2008, in the criminal police detachment of Wanzhou District Public Security Bureau, Chongqing, the investigators handed over 12 frontal photos of different men prepared in advance (of which photo No.5 was Qin, nicknamed "Mangkui") to Chen Yi for identification. After identification, Rola Chen identified the person in photo No.5 as helping her and Gong to hide, nicknamed "Mangkui".

② On September 18, 2008, in the detention center of Wanzhou District, Chongqing, the investigators handed over 12 frontal photos of different men (of which photo No.5 was) prepared in advance to Qin for identification. It was identified by Qin that the person in photo No.5 was the one who introduced Gong to Fengjie to hide.

③ On September 19, 2008, in the criminal police detachment of Wanzhou District Public Security Bureau, Chongqing, investigators handed Chen Changlin 12 frontal photos of different men prepared in advance (among which photo No.5 was Qin) for identification. Chen Changlin identified the person in photo No.5 as "Mangkui" who brought a man and a woman to stay in his home on June 27th, 2008.

④ On September 19, 2008, the investigators of the Criminal Police Detachment of Wanzhou District Public Security Bureau in Chongqing handed over 12 frontal photos of different men (photo No.5 was Gong Mou) prepared in advance to Chen Changlin for identification. After Chen Changlin identified it, he pointed out that the person in photo No.5 was the person who was introduced to his home by Mangkui on June 27th, 2008.

18. According to the site investigation records, site orientation map and site photos, the site is located in Xuefu Square, Tiantai Road, Wanzhou District, and the center of the site is in the city that never sleeps in the southeast corner of the square. During the investigation, it was found that there were blood and blood clots in the goose stone in the southwest corner of the pebble block area ("Niu Niu" night beer stall) in the east area (2 10× 170cm). The middle section of the western edge of the pebble area is 15m away from the south edge of the square, and there is a blood drop zone with a width of 25cm in the southwest of the south edge of the square, in which the steps in the southeast corner of the road square are 14cm, and the length of the blood drop zone is 21m.. Among them, two pieces of cloth 600cm away from the pebble area were covered with blood (left over from the dressing of the deceased companion). The blood on the sidewalk on the south side of the square was connected with the blood belt, and the mobile public security organs along the line also took blood at the scene.

19. The transcript shows that on June 29, 2008 1 1 30, the masses reported to the public security organ that a bloody dagger was found where Gong fell. The public security organ immediately rushed to the wall of the "Youwei" night market in Hengtong Night Market and extracted a bloody dagger.

20. A physical evidence of a black folding knife was presented in court, and the defendant Gong confirmed that it was this knife that stabbed Lan.

2 1. Appraisal conclusion and autopsy photos:

(1) The autopsy report recorded that the wound on Lan's right shoulder was 3.5× 1 cm, the wound on his left waist was 2.8×0.7 cm, the wound on his right hip was 3×0.5 cm, the wound on his right hip was 2.5×0.3 cm, and the wound on his left thigh and knee was 7×2 cm. There is a 1.5×0.3cm wound in the lateral upper part of the right thigh and a 2×0.5cm wound in the posterior middle part of the right calf. The edge of the wound is neat and the angle of the wound is blunt. There is a 2.8×0.5cm wound in the upper part of the inner side of the right thigh, which is inclined to the groin 9.5cm. The wound angle is blunt and sharp, and the right femoral artery and vein are broken. Conclusion blue death caused hemorrhagic shock of right femoral artery and vein rupture by single-edged needle.

(2) According to the inspection report of physical evidence, the Public Security Bureau of Wanzhou District of Chongqing sent 1 copy of the deceased's blood, 1 copy of the blood at the scene and 1 pair of bloody knives for inspection. The test results show that all the samples submitted for inspection have human blood reaction, and their blood types are all "O" type.

(3) Autopsy photos, which prove Lan's injuries and autopsy at that time.

22. The former People's Court of Wuqiao District of Wanxian City (1996) No.59 criminal judgment proved that Gong Yu was sentenced to two years' imprisonment for theft on July 5, 1996. Wanzhou District People's Court (2005) No.560 criminal judgment and release certificate, which prove that Gong was sentenced to one year's imprisonment for intentional injury on June 5438+00, 2005, and was released on August 10, 2006.

Criminal judgment (2004)No. 1 15 of Wanzhou District People's Court of Chongqing Municipality and the release certificate prove that on February 6, 2004, Qin was sentenced to six years' imprisonment for drug trafficking and released on May 26, 2008.

24. criminal judgment, No.52 (2006) of Wanzhou District People's Court, Chongqing. The release certificate proves that Xiang was sentenced to three years' imprisonment and fined RMB 3,000 on February 9, 2005, and was released on February 24, 2008.

25. Household registration certificate, which proves the age and identity of Gong, Qin, Zhang, Xiang and Lan.

26.2. Detention certificate and other legal documents, which prove that the defendants Gong, Qin, Zhang and Xiang were subjected to compulsory measures.

The above evidence was presented in court and cross-examined. Defendants Gong Mou, Qin Mou, Zhang Mou and Xiang Mou did not raise any objection. The procedures for obtaining the above-mentioned evidence are legal, and the contents of the evidence are objective and true, which can be mutually verified. This court confirmed this.

It was also found that the plaintiffs in the incidental civil action, Lan Mou and Xie Mou, were the parents of the victims, Lan Mou (64 years old) and Xie Mou (60 years old), and they had three children. The plaintiff in the incidental civil action, Lan, is the daughter of the victims, Lan and Xiong Meiqiong. She is now 7 years old.

The above facts are confirmed by the following evidence presented in court:

1. A copy of the household registration and ID card proves the age and identity of the plaintiff in the incidental civil action, which is the basic information of the urban population.

2. The death cancellation certificate confirms the fact that the victim Lan died.

3. The neighborhood committee of Baian Community in Baianba Street, Wanzhou District, Chongqing proves that Lan and Xie have three children, including Lan.

The divorce certificate confirms the fact that Lan divorced Xiong Meiqiong.

Transport invoice, which is attached to prove the transportation expenses incurred by the plaintiff in civil litigation for handling funeral matters.

The above evidence was presented and cross-examined in court, and the defendant Gong and his agent ad litem had no objection, which was confirmed by our court.

The court held that the defendant Gong had stabbed Lan with a knife because of a quarrel and dispute, which caused Lan to die, and his behavior constituted a crime of intentional injury. The defendants Qin, Zhang and Xiang provided Gong with a hidden residence and property to help him escape, all of which constituted the crime of harboring. In the crime of sheltering, Qin discussed with Zhang * * *, and * * helped Gong escape from the public security organs, which constituted a crime. The defendants Gong Mou, Qin Mou and Xiang Mou committed the crime of being sentenced to more than fixed-term imprisonment within five years after the execution of the penalty, which is a recidivist and should be severely punished. The facts and charges charged by the public prosecution agency are established.

Defendant Gong argued that Lan first stabbed his head with a beer bottle, and then stabbed Lan's thigh and hip with a knife. Instead of chasing, he only scratched Lan's shoulder, and his defender's defense opinion that the cause of this case was that the victim Lan had obvious and serious faults. After examination, Gong and Lan had a dispute over drinking, and Lan first stabbed Gong in the head with a beer bottle, which had a certain impact on the start of the case and the intensification of contradictions. As for whether Gong catches up, it does not affect the qualitative sentencing of this case. For the defender's defense opinion that the defendant Gong truthfully confessed the facts of the crime, he may be given a lighter punishment as appropriate when sentencing. As for the defendant Gong and his defender's opinion that they are willing to try their best to compensate the economic losses of the injured party, because the original defendant and the defendant did not reach a compensation agreement and the defendant did not actually pay the compensation, this defense and defense opinion were not adopted by our court.

Defender of the defendant Qin put forward the defense opinion that the defendant Qin had a mitigating circumstance in the crime of sheltering. After investigation, Qin and Zhang * * * discussed and * * helped Gong escape. According to the specific circumstances and functions of Qin and Zhang in the crime of * * *, our court sentenced them according to law. After the defendant Qin returned to the case, he truthfully confessed the facts of the crime and pleaded guilty. The defender suggested that the court adopt the opinion that Qin should be given a lighter punishment.

Because the defendant Gong caused economic losses to the plaintiff in the incidental civil action, he should bear civil compensation liability in addition to criminal liability according to law. The plaintiff in the incidental civil action demanded compensation for the funeral expenses, lost time, accommodation, transportation expenses and living expenses of the dependents of Lan Mou, Xie Mou and Lan Mou, which was in compliance with the law and supported by relevant evidence. Lan, Xie and Lan are all urban residents, and the living expenses of their dependents are calculated according to the per capita consumption expenditure standard of urban residents in Chongqing. Lan is 64 years old and was 60 years old at the time of the crime. Calculate 16 years according to the standard of reducing one year from the total of 20 years for every year over 60 years old. Xie is 60 years old, counting 20 years; Because Lan and Xie have three children, including Lan, all three children have the obligation to support Lan and Xie. The living expenses of the dependents of Lan and Xie should be shared by the three children, and the compensation amount should be calculated according to the standard of 1/3. Lan is 7 years old this year, and the living expenses of the dependents are calculated as 18 years old according to the per capita consumption expenditure standard of urban residents in Chongqing. Xiong Meiqiong, as a mother, has the obligation to support, and the living expenses of Lan's dependents should be shared by Xiong Meiqiong, so the compensation amount is calculated according to the standard of 1/2. At the same time, according to the second paragraph of Article 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, if there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year. The excess of the living expenses of the dependents proposed by the plaintiff in the incidental civil action shall not be supported. Its claim for death compensation of 274,300 yuan is not supported because it does not fall within the scope of compensation for criminal incidental civil action. The compensation items confirmed by our hospital are as follows: funeral expenses 1 1549 yuan, lost time expenses of 270 yuan, accommodation and transportation expenses of 3,000 yuan, living expenses of the dependents of Lan Mou, Xie Mou and Lan Mou170,390.62 yuan and * *185,209.62 yuan.

According to the second paragraph of Article 234, the first paragraph of Article 310, the first paragraph of Article 25, the first paragraph of Article 65, the first paragraph of Article 48, the first paragraph of Article 57, the first paragraph of Article 36 of the Criminal Law of People's Republic of China (PRC), Article 119 of the General Principles of the Civil Law of People's Republic of China (PRC), and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

1. Defendant Gong was guilty of intentional injury, sentenced to death, suspended for two years, and deprived of political rights for life;

2. The defendant Qin committed the crime of shielding and was sentenced to one year and six months in prison;

(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from August 23, 2008 to February 22, 20 10. )

3. Defendant Zhang committed the crime of harboring and was sentenced to one year's imprisonment;

(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from September 4, 2008 to September 3, 2009. )

4. The defendant committed the crime of harboring and was sentenced to eight months in prison;

(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment, that is, from June 65438 to February 65438 to July 20, 2009. )

5. Defendant Gong compensated the plaintiff in the incidental civil action for the funeral expenses 1 1549 yuan, lost time expenses 270 yuan, accommodation and transportation expenses of 3,000 yuan, and the living expenses of Lan, Xie and Lan's dependents170,390.62 yuan, totaling185,209.6699.699999999999996 (The above payment is limited to 30 days after this judgment comes into effect. )

6. Reject other claims of plaintiff in incidental civil action.

If you refuse to accept this judgment, you can appeal to the Chongqing Higher People's Court through our court or directly within ten days from the second day of receiving the judgment. If you appeal in writing, you should submit one original and two copies.

Chief Justice Cheng Yongbin

Judge Xue Mei.

Acting Judge Yang Jiwei

December 25th, 2008

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