middle school students was incorrectly recognized and was Violent beatings andbeing forced to jump into the river. Others: The students are handsomeenough to beat you.
According to the Judicial Documents Network recently issued with a civiljudgment attached to the criminal case, the Intermediate People's Court ofTongchuan City, Shaanxi Province made a final judgment on a campus bullying casethat lasted for many years on December 29, 2019. The defendant, BaiMoumou, was sentenced to two years and one month in prison for intentionalinjury and was jointly and severally liable.
According to the verdict, the defendant Bai Moumou was born in Tongchuan City,Shaanxi Province in 1989 and has no occupation. The case occurred on March21, 2006. Wang Moujia (sentenced) met Zhao Moumou, a student of No. 2Middle School, when he was looking for someone. In Wang and Zhao's chat,Zhao seemed to borrow money from Zhao. After Zhao was rejected, he said,"Okay, don't lend it to me", which aroused Wang'sdissatisfaction. That night, Wang Moumou gathered Jia Moumou, Wang Moumou,Li Moumou, Bai Moumou to hit Zhao Moumou.
At the same time, the victim Wu Moumou and Zhao Moumou met online thatnight. At the end of the evening, the two met Wang et al. Wang Moumoumistaken Wu Moumou for Zhao Moumou during the day and took him to theriver. During this period, when Wu asked them what to do, Jia Mou punchedWu Moumou's face and said, "Because you are so handsome, I hit you",causing Wu Moumou to bleed.
After arriving at the river bank, Wang and others forced Wu to jump into theriver. Wu Moumou jumped into the river because he was afraid of beingbeaten. Wu Moumou jumped into the water and fell into theriver. Later, Zhao Moumou helped Wu Mou out of the river and took him tothe mine hospital by ambulance. Wang and others fled the scene.
After forensic examination, Wu Moumou suffered from subdural hematoma,subarachnoid hemorrhage, and cerebral hernia caused by external force. Heshowed neurological symptoms and signs, and was determined to be seriouslyinjured. Then Wang Moujia, Jia Mouyi and Wang Mouyi were arrestedseparately, Li Moujia surrendered. Bai Moumou fled from Tongchuan andsurrendered on November 28, 2008. Except for Bai Moumou, the other fourpersons in the previous case were sentenced in 2008.
On October 28, 2019, Bai was sentenced to two years and one month in prison bythe first trial. Both the original defendant and the defendant thenappealed. In an appeal, Bai Moumou stated that he was only observing thecrime scene and did not take any action. In addition, he was released onbail on December 19, 2008, and resubmitted on December 5, 2018 after his releaseon December 18, 2009, which he believes violates investigationprocedures. Victim Wu stated in the appeal that Bai was sentenced to twoyears and one month in prison, and he should be sentenced to three years ormore in prison. In this regard, the court did not recognize theinvestigative procedure proposed by Bai Moumou and others as illegal and foundit to have no legal basis.
According to the judgment, the court held that Bai Moumou knew that otherswanted to harm the victim and still actively followed the victim to thescene. When many people forced the victim to jump into the river, Bai alsoencouraged the victim to jump into the river and bear criminal and civil legalresponsibility for the consequences of serious injuries to the victim. Itis a joint crime for Bai to commit the crime of intentional harm withothers. Bai played a secondary role in the case and was anaccomplice. He should be given a lighter or lighter punishment. BaiMoumou was under the age of 18 when he committed the crime and should be givena lighter or lighter punishment. In the 2008 compensation for the otherfour persons in the same case, Bai Moumou should also bear joint and severalliabilities.
In summary, the court found that the defendant Bai was guilty of intentionalinjury and sentenced him to two years and one month in prison. When thecrime was under the age of 18, his guardian shall bear joint and severalliability for compensation.
(Original title: Middle school students were wrongly accused of violentlybeating others, forcing them to jump into the river and being seriouslyinjured! The other side said that he beat you because he was handsome.
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