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| Model Cases involving Crimes of Domestic Violence Published by the Supreme People's Court | | 最高法发布涉家庭暴力犯罪典型案例 |
| (March 4, 2015) | | （2015年3月4日） |
| Table of Contents | | 目录 |
| 1. Case regarding Xu Hongtao's Intentional Injury | | 1.许红涛故意伤害案 |
| 2. Case regarding Mu Zhengying's Intentional Homicide | | 2.沐正盈故意杀人案 |
| 3. Case regarding Chang Lei's Intentional Injury | | 3.常磊故意伤害案 |
| 4. Case regarding Zhu Chaochun's Maltreatment | | 4.朱朝春虐待案 |
| 5. Case regarding Deng's Intentional Homicide | | 5.邓某故意杀人案 |
| 1. Case regarding Xu Hongtao's Intentional Injury | | 一、许红涛故意伤害案 |
| (1) Basic Facts | | （一）基本案情 |
| Defendant, Xu Hongtao, often beat up and scolded his parents and his mother did not dare to go home. On May 28, 2012, due to trivial matters, Xu Hongtao battered his father, Xu Er (victim, 63 years old at the time of death), who was unable to move freely for suffering from cerebral thrombosis, at home. In the mid-day on May 30, Xu Hongtao beat and kicked Xu Er's head, face, and chest again, which caused Xu Er's extensive subcutaneous and intramuscular bleeding of bilateral chests, fractures of multiple sections of multiple bones on both ribs, and extensive contusion of the left lung. Xu Er died from traumatic and painful shocks with concurrent difficulty in breathing. | | 被告人许红涛平时经常打骂父母，其母被打得不敢回家。2012年5月28日，许红涛又因琐事在家中殴打因患脑血栓行动不便的父亲许二（被害人，殁年63岁）。同月30日中午，许红涛再次拳打脚踢许二的头面部及胸部等处，造成许二双侧胸部皮下及肌间广泛出血，双侧肋骨多根多段骨折，左肺广泛挫伤，致创伤性、疼痛性休克并发呼吸困难死亡。 |
| (2) Judgment | | （二）裁判结果 |
| After a hearing, the Intermediate People's Court of Hengshui City, Hebei Province held that: Due to trivial matters, Xu Hongtao battered his father, Xu Er, who was unable to move freely for suffering from cerebral thrombosis, and caused the death of Xu Er. His acts have constituted the crime of intentional injury, and he should be punished according to the law. In accordance with the relevant provisions of the Criminal Law, the defendant, Xu Hongtao, was sentenced to death with deprival of political rights for life for the crime of intentional injury. After the judgment was pronounced, Xu Hongtao appealed. After a hearing, the Higher People's Court of Hebei Province rendered a ruling to reject the appeal and affirm the original judgment, and reported the death sentence to the Supreme People's Court for approvation. Upon approvation according to the law, the Supreme People's Court approved the death of Xu Hongtao. The criminal, Xu Hongtao, has been executed. | | 河北省衡水市中级人民法院经审理认为，许红涛因琐事殴打患脑血栓行动不便的父亲许二致死，其行为已构成故意伤害罪，应依法惩处。依照刑法有关规定，以故意伤害罪判处被告人许红涛死刑，剥夺政治权利终身。宣判后，许红涛提出上诉。河北省高级人民法院经审理，裁定驳回上诉，维持原判，并依法报请最高人民法院核准。最高人民法院经依法复核，核准许红涛死刑。罪犯许红涛已被执行死刑。 |
| (3) Significance | | （三）典型意义 |
| This is a case regarding crime of domestic violence, in which the father who was seriously ill was battered by the son to death. To respect the aged and take good care of children is a traditional virtue of the Chinese nation. The defendant, Xu Hongtao, gluttonous and lazy and often beat up and scolded his parents. Before the crime was committed and on the day of the crime, Xu Hongtao battered his father who was unable to move freely for suffering from cerebral thrombosis twice and beat up his father on such critical positions as the head, face, and chest. The fractures of multiple sections of multiple bones in both ribs of Xu Er showed that the level of violence was strong and Xu Hongtao subjectively intended to injure his father. After the case was exposed, the close relatives of Xu Hongtao and the villager representatives all claimed that the “unfilial son” who did not attend to his proper work, beat up his father to death, and violated ethics and morality should be severely punished. Therefore, the Supreme People's Court approved the death of Xu Hongtao for the crime of intentional injury. The determination on the nature was accurate and the sentencing was appropriate. This case has fully reflected the policy for severely punishing violent crimes of seriously infringing upon the aged and other vulnerable groups and such violent crimes between family members are no exception. | | 本案是一起殴打病重父亲致死的家庭暴力犯罪案件。尊老爱幼是中华民族的传统美德，而被告人许红涛平时好吃懒做，还经常打骂父母，在案发前和案发当日先后两次对患脑血栓行动不便的父亲施暴，且是殴打其父头面部及胸部等要害部位，从许二双侧肋骨多根多段骨折的情况看，暴力程度很强，说明许红涛主观上具有伤害的故意。案发后，许红涛的近亲属及村民代表均要求严惩不务正业、打死生父、违背人伦道德的“逆子”。因此，对许红涛以故意伤害罪核准死刑，定性准确，量刑适当。充分体现了对严重侵犯老人等弱势群体的暴力犯罪予以严惩的政策，即便是发生在家庭成员间也不例外。 |
| 2. Case regarding Mu Zhengying's Intentional Homicide | | 二、沐正盈故意杀人案 |
| (1) Basic Facts | | （一）基本案情 |
| Defendant, Mu Zhengying, often beat up his parents, wife, and daughter after getting drunk. For being unable to bear his violence, his parents moved out and his wife left home, leaving his daughter surnamed Mu (victim, five years old at the time of death) to live together with him. In Mu Zhengying's opinion, Mu frequently played outside and was out of control. On the evening of February 2, 2014, he tied Mu to the pillar in the house with a piece of rope, slapped her on the face, and whipped her with the rope. Afterwards, Mu Zhengying untied Mu. Seeing that Mu was running outside again, Mu Zhengying drew Mu's sleeves with force, made Mu fall to the ground, and then beat up Mu with a stick, resulting in Mu's death due to craniocerebral injury caused by blunt force. Then, Mu Zhengying packaged Mu's corpse in a woven bag, transferred it to the woods, and buried it. On February 11, Mu Zhengying surrendered himself to the public security authority. | | 被告人沐正盈经常酗酒后殴打父母、妻儿，因不堪忍受其暴行，父母搬离，妻子亦离家，留下其与女儿沐某某（被害人，殁年5岁）共同生活。2014年2月2日晚，沐正盈认为沐某某常在外面玩耍、难以管教，遂用绳子将沐某某捆绑在家里的柱子上，并对沐某某扇耳光、用绳子抽打。后沐正盈将沐某某松绑，见沐某某又往外跑，遂用力拉扯沐某某的衣袖，将沐某某拽倒在地，随后又用木棒殴打，致沐某某因钝性外力致颅脑损伤死亡。后沐正盈将沐某某的尸体用编织袋包裹并移至树林里掩埋。同月11日，沐正盈到公安机关投案自首。 |
| (2) Judgment | | （二）裁判结果 |
After a hearing, the Intermediate People's Court of Qujing City, Yunnan Province held that: As the guardian of the victim, Mu Zhengying frequently beat up the victim for a long period. On the day when the crime was committed, Mu Zhengying beat up the victim for multiple times, causing the victim's death. In order to cover up his crime, he afterwards buried the corpse and his acts have constituted the crime of intentional homicide. The circumstances of Mu Zhengying's acts of harming a child without any ability to fight back were serious and he should be severely punished according to the law. Considering that Mu Zhengying surrendered himself, he may be given a lighter punishment according to the law. In accordance with the relevant provisions of the Criminal Law, defendant, Mu Zhengying, was sentenced to life imprisonment with deprival of political rights for life for the crime of intentional homicide. After the judgment was pronounced, no appeal was filed. The judgment has come into force.
．．．．．． | | 云南省曲靖市中级人民法院经审理认为，沐正盈作为被害人的监护人，长期以来经常殴打被害人，案发当日多次对被害人进行殴打，致被害人死亡，后为掩盖罪行掩埋尸体，其行为已构成故意杀人罪。沐正盈针对毫无反抗能力的儿童实施加害行为，情节恶劣，应依法严惩。鉴于沐正盈有自首情节，可依法对其从轻处罚。依照刑法有关规定，以故意杀人罪判处被告人沐正盈无期徒刑，剥夺政治权利终身。宣判后，在法定期限内没有上诉、抗诉，判决已发生法律效力。
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