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No. 3 of Eight Model Cases regarding Criminal Offenses on the Campus of Beijing Published by the Supreme People's Court: People v. Feng (Case about dispute over gang fights)
最高人民法院公布8起发生在校园内的刑事犯罪典型案例之三:冯某某聚众斗殴案
【法宝引证码】

No. 3 of Eight Model Cases regarding Criminal Offenses on the Campus of Beijing Published by the Supreme People's Court: People v. Feng (Case about dispute over gang fights)
(Case about dispute over gang fights)
最高人民法院公布8起发生在校园内的刑事犯罪典型案例之三:冯某某聚众斗殴案
No. 3 of Eight Model Cases regarding Criminal Offenses on the Campus of Beijing Published by the Supreme People's Court: People v. Feng for Gang Fights 最高人民法院公布8起发生在校园内的刑事犯罪典型案例之三:冯某某聚众斗殴案
(1) Basic Facts (一)基本案情
Since defendant surnamed Feng was mistreated by Zhang (handled in another case) during junior high school, he deliberately planned revenge. In early August 2014, Feng contacted Zhang by QQ and telephone to make an appointment for fights. Around 13:00 on August 20, with a wallpaper knife, Feng mustered Li and other two persons (all handled in another case) to fight with Wang and another person (handled in another case) mustered by Zhang outside the gate of a restaurant in Daxing District, Beijing Municipality, causing slight injuries of Feng, Zhang, and Li upon forensic identification. 被告人冯某某因初中时受张某某(另案处理)欺负便预谋报复,2014年8月初,冯某某与张某某通过QQ、电话相约斗殴。8月20日13时许,冯某某携带壁纸刀并纠集李某某等三人(均另案处理),与张某某纠集的汪某某等二人(均另案处理)在北京市大兴区某餐厅门外附近发生殴斗,造成冯某某、张某某、李某某受伤,经法医鉴定均为轻微伤。
(2) Adjudication (二)裁判结果
After a trial, the People's Court of Daxing District, Beijing Municipality held that: Defendant surnamed Feng was guilty of gang fights because he ignored the social order and mustered other persons to commit armed gang fights, and he should be punished according to the law. When committing the crime, Feng was a teenager and he confessed to his crime and showed repentance in court. According to the report on social survey and evaluation provided by the community correction agency, Feng was a student and he committed the crime because he was discontented for being mistreated during junior high school, such emotion failed to be dissolved in a timely manner, and he had weak legal consciousness. There was no severe adverse impact if he was subject to community correction and his family was also willing to accept and supervise him. By taking the social harmfulness of Feng's acts into account, the People's Court of Daxing District gave him a mitigated punishment according to the law and sentenced him to a fixed-term imprisonment of two years with a two-year suspension of execution for the crime of gang fights. 北京市大兴区人民法院经审理认为,被告人冯某某无视社会秩序,纠集他人持械聚众斗殴,其行为已构成聚众斗殴罪,依法应予惩处。被告人犯罪时尚未成年,当庭认罪,具有悔罪表现,社区矫正机构提供的社会调查评估报告显示,冯某某系在校学生,因初中时受到欺负心里不满,情绪没有及时化解,加之法律意识淡薄,实施了犯罪行为,对其社区矫正不存在重大不良影响,家庭亦愿意接纳并监管。综合冯某某行为的社会危害性,法院依法对其减轻处罚,以聚众斗殴罪判处有期徒刑二年,缓刑二年。
(3) Significance (三)典型意义
This is a model case regarding violence outside a school arising from campus bullying and violence. Defendant surnamed Feng was the person who mustered personnel for gang fights and committed the crime; however, he was also the victim of campus bullying and violence. According to his legal representative, he was mistreated in the former school and had to handle the transfer formalities. In general, after being mistreated in campus violence, the emotional trauma of a number of victims could not be healed in a short term. Feng was one of such victims. He still felt wronged and angry for as long as a year. Finally, he believed that his negative emotions could be released only through revenge. When trying this case, the court took Feng's special psychological motivation for committing the crime into account, specially discussed with Feng and his parents on the case itself, his studies, and other issues, and made Feng reflect his problems and release his negative emotions through talks, which have achieved good effects. 这是典型的由校园欺凌、校园暴力引发的校外暴力。被告人冯某某虽然是聚众斗殴的纠集人,是犯罪实施者,但也是校园欺凌、校园暴力受害人,其法定代理人反映,由于冯某某在原学校受欺负,所以办理了转学手续。通常校园暴力的受害人受到侵害后,有相当一部分都无法短期内弥合心理创伤。被告人冯某某就是如此,在长达一年的时间里仍觉得委屈、愤怒,最后认为只有通过报复才能宣泄心中的负面情绪。法院在审理此案时,考虑到冯某某实施犯罪特殊的心理动因,专门与其本人及家长就案件本身、学业等问题进行了讨论,让冯某某通过这样的谈话反思自己存在的问题并化解心中的负面情绪,收到了很好的效果。
     
     
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