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No. 5 of Five Model Cases Involving Legal Punishment of Crimes of Infringement on the Rights and Interests of Children Published by the Supreme People's Court: People v. Lin Shuiquan for Intentional Injury
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最高人民法院公布五起依法惩治侵犯儿童权益犯罪典型案例之五：林水全故意伤害案
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No. 5 of Five Model Cases Involving Legal Punishment of Crimes of Infringement on the Rights and Interests of Children Published by the Supreme People's Court: People v. Lin Shuiquan for Intentional Injury
最高人民法院公布五起依法惩治侵犯儿童权益犯罪典型案例之五：林水全故意伤害案
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[Key Terms]
intentional injury ; severe injury ; recidivist ; confession
[核心术语]
故意伤害;重伤;累犯;坦白
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[Disputed Issues]
How an actor shall be punished if he intentionally injures his minor child by an especially cruel means which causes severe injury and physical disability to the child, and he is a recidivist, and faithfully confesses to his crime after being arrested, which is the circumstance of confession.
[争议焦点]
行为人以特别残忍的手段故意伤害未成年子女，致其重伤、伤残，行为人系累犯，归案后能如实供述自己罪行，有坦白情节，应如何论处？
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[Case Summary]
The crime of intentional injury means the criminal act that is committed to intentionally injure another person's body against the law to a certain severe extent and is punishable by the Criminal Law. The actor has committed the crime of intentional injury since he intentionally injured his minor child by an especially cruel means and caused severe injury and physical disability to the child. According to Article 234 of the Criminal Law whoever intentionally inflicts injury upon another person and causes death to the person or by resorting to especially cruel means causes severe injury to the person reducing the person to utter disability shall be sentenced to fixed-term imprisonment of ten years or more...
[案例要旨]
故意伤害罪是指故意非法伤害他人身体并达成一定的严重程度、应受刑法处罚的犯罪行为。行为人以特别残忍的手段故意伤害未成年子女致其重伤、伤残构成故意伤害罪。根据《刑法》第二百三十四条的规定故意伤害他人身体的...
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| No. 5 of Five Model Cases Involving Legal Punishment of Crimes of Infringement on the Rights and Interests of Children Published by the Supreme People's Court: People v. Lin Shuiquan for Intentional Injury | | 最高人民法院公布五起依法惩治侵犯儿童权益犯罪典型案例之五：林水全故意伤害案 |
| 1. Basic Facts | | (一)基本案情 |
In late July 2011, the defendant, Lin Shuiquan, brought his daughter and also the victim surnamed Lin (six years old at that time) to live in Yunfu City, Guangdong Province from home. Since Lin Shuiquan thought that Lin was disobedient and doubted that Lin was not his own daughter, Lin Shuiquan poured boiled water from a water fountain over the body of Lin. From August 13 to 20 of the same year, Lin Shuiquan brought Lin separately to room No. 302 of Tangren Hotel and room No. 605 of Xinfuli Hotel in Yunfu City, boiled water in a plastic basin with an electrical bar for three times in succession, undressed Lin, and poured the boiled water over the body of Lin. Early on the morning of August 20, Lin Shuiquan sent Lin who was scalded over the whole body to home and then left on his own. After finding that Lin was injured, Lin's family members called the police and sent Lin to the hospital for treatment. Upon treatment, Lin's skin with scars accounted for 70% of the surface area of the whole body, which constituted a severe injury and grade-4 disability.
．．．．．． | | 2011年7月下旬，被告人林水全将其女儿、被害人林某某(时年6岁)从家中带至广东省云浮市居住。因林水全认为林某某不听话，且怀疑林某某不是自己的亲生女儿，便用饮水机的开水淋在林某某身上。同年8月13日至20日，林水全分别将林某某带至云浮市唐人旅店302房、新富丽旅店605房，先后三次用电热棒将塑料盆里的水烧开，脱光林某某的衣服，将开水淋到林某某身上。8月20日凌晨，林水全将全身被烫伤的林某某送回家中即自行离去。林某某的家人发现林某某受伤后即报警并将林某某送至医院救治。林某某经治疗后皮肤瘢痕仍占全身表面积70％以上，构成重伤、四级伤残。
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