| Eight Model Cases Involving the People's Courts' Punishing Doctor-related Crimes Published by the Supreme People's Court | | 最高人民法院发布8件人民法院依法惩处涉医犯罪典型案例 |
| (May 11, 2020) | | （2020年5月11日） |
| Table of Contents | | 目 录 |
| 1. Case of Intentional Homicide by Yuan Mingjun | | 1. 员明军故意杀人案 |
| --Deliberately taking revenge and stabbing and chopping a doctor, causing death of the doctor, which is an extremely serious offense | | ——蓄意报复捅刺、砍击医生致死，罪行极其严重 |
| 2. Case of Intentional Homicide by Sun Wenbin | | 2. 孙文斌故意杀人案 |
| --Killing a doctor with a knife upon premeditation, which is an extremely serious offense | | ——经预谋持刀杀害医生，罪行极其严重 |
| 3. Case of Picking Quarrels and Provoking Troubles by Ke Jinshan | | 3. 柯金山寻衅滋事案 |
| --Damaging the protective equipment of a doctor during the COVID-19 outbreak and beating up a doctor, causing slight injury of the doctor | | ——疫情期间损坏医生防护用具、殴打医生致轻微伤 |
| 4. Case of Picking Quarrels and Provoking Troubles by Li Suying | | 4. 李苏颖寻衅滋事案 |
| --Coercing a nurse with an injector during the COVID-19 outbreak, causing injury of the nurse | | ——疫情期间持注射器挟持护士致损伤 |
| 5. Case of Picking Quarrels and Provoking Troubles by Li Guangwei | | 5. 李广伟寻衅滋事案 |
| --Stabbing and beating up medical staff members, causing minor injury of one person and slight injury of one person | | ——捅刺、殴打医务人员致1人轻伤、1人轻微伤 |
| 6. Case of Picking Quarrels and Provoking Troubles by Cao Huiyong | | 6. 曹会勇寻衅滋事案 |
| --Beating up medical staff members, causing minor injury of one person, which is an offense committed by a recidivist | | ——殴打医务人员致1人轻伤，系累犯 |
| 7. Case of Intentional Injury by Li Facai and Other Persons | | 7. 李发才等故意伤害案 |
| --Beating up a doctor, causing minor injury of the doctor | | ——殴打医生致轻伤 |
| 8. Case of Gathering a Crowd to Disturb the Social Order by Li Hongjun and Other Persons | | 8. 李红军等聚众扰乱社会秩序案 |
| --Gathering a crowd to disturb the order of a medical institution, falling under serious circumstances | | ——聚众扰乱医疗机构秩序，情节严重 |
| Case No. 1 | | 案例1 |
| Case of Intentional Homicide by Yuan Mingjun | | 员明军故意杀人案 |
| Basic Facts | | 基本案情 |
| Defendant, Yuan Mingjun, male, Han nationality, born on May 20, 1976, migrant worker. | | 被告人员明军，男，汉族，1976年5月20日出生，务工人员。 |
| On February 9, 2017, defendant Yuan Mingjun went to Wuzhou Hospital of Dermatology in Lanzhou City, Gansu Province for treatment of dark brown plaques on both sides of the root of his nose. Zhang, chief dermatologist in the Hospital (victim, female, died at 35 years old), provided such treatment as separation of pigment and superficial electrolysis. After a course of treatment, Yuan Mingjun deemed that the curative effect was not satisfactory and the treatment caused his burns, he demanded compensation from the hospital, and threatened to take revenge. Afterwards, the people's mediation committee for medical disputes provided mediation and the mediation failed since Yuan Mingjun claimed high compensation for no reason. | | 2017年2月9日，被告人员明军到甘肃省兰州市五洲皮肤病医院治疗其鼻根两侧暗褐色沉着斑，该院皮肤科主任张某（被害人，女，殁年35岁）对其进行了色素分离、表浅电解术等治疗。一个疗程结束后，员明军自认为疗效不好并对其造成烧烫伤，要求医院赔偿并扬言报复。后由医疗纠纷人民调解委员会等进行调解，因员明军无端索要高额赔偿而未果。 |
| In December of the same year, Yuan Mingjun was determined to take revenge on Zhang and bought tools for committing the crime, including a sharp knife and a kitchen knife. Around 14:20 on January 22, 2018, by carrying the knives, Yuan Mingjun broke in Zhang's office in Wuzhou Hospital of Dermatology, locked the door, stabbed Zhang's chest and back more than ten times with the sharp knife and after Zhang fell to the ground, continuously chopped Zhang's neck and other body parts, resulting in Zhang's death due to massive bleeding caused by ruptures of internal and external carotid arteries, and internal carotid veins and bursting of veins in the left lung and both lungs. After committing the crime, Yuan Mingjun called the police and waited for the public security officers on the scene. | | 同年12月，员明军决意报复张某，并购买了作案工具尖刀、菜刀。2018年1月22日14时20分许，员明军携带刀具闯入五洲皮肤病医院张某的办公室，将门反锁，持尖刀朝张某胸背部等处连刺十余刀，在张某倒地后又持菜刀连续砍击张某颈部等处，致张某颈内外动脉、颈内静脉断裂及左肺静脉、双肺破裂大失血死亡。员明军作案后明知有人报警而在现场等候公安人员。 |
| Judgment | | 裁判结果 |
| This case was tried by the Intermediate People's Court of Lanzhou City, Gansu Province in the trial of first instance and the Higher People's Court of Gansu Province in the trial of second instance. The Supreme People's Court reviewed the death sentence in this case. | | 本案由甘肃省兰州市中级人民法院一审，甘肃省高级人民法院二审。最高人民法院对本案进行了死刑复核。 |
| The Court held that defendant Yuan Mingjun deliberately took the life of other person illegally and he was guilty of intentional homicide. Yuan Mingjun failed to correctly comprehend the treatment effect. After deliberately taking revenge since his claim for high compensation was not satisfied, he went to the doctor's office and continuously stabbed and chopped the doctor with a sharp knife and a kitchen knife, causing death of the doctor. With execrable criminal circumstances, cruel means for committing the crime, and extremely serious offense, Yuan Mingjun should be punished according to the law. Although Yuan Mingjun fell under circumstances of voluntary surrender, by taking into full account of the facts, nature, circumstances, and degree of social harm of the crime committed by Yuan Mingjun, the voluntary surrender was insufficient to result in a light punishment. Accordingly, the Court sentenced defendant Yuan Mingjun to death penalty with deprival of political rights for life, which was approved by the Supreme People's Court. | | 法院认为，被告人员明军故意非法剥夺他人生命，其行为已构成故意杀人罪。员明军不能正确认识治疗效果，在索要高额赔偿未得到满足后蓄意报复，到医生办公室持尖刀、菜刀连续捅刺、砍击医生致死，犯罪情节恶劣，手段特别残忍，罪行极其严重，应依法惩处。员明军虽有自首情节，但综合其犯罪的事实、性质、情节和社会危害程度，不足以对其从轻处罚。据此，依法对被告人员明军判处并核准死刑，剥夺政治权利终身。 |
| On May 9, 2020, the criminal offender Yuan Mingjun was executed according to the law. | | 罪犯员明军已于2020年5月9日被依法执行死刑。 |
| Significance | | 典型意义 |
| Medical science is a complex life science. The diagnosis and treatment scheme is a professional judgment made by a doctor on his medical knowledge. The patient should rationally treat the treatment effect and may not vent his anger on the doctor and even take revenge on the doctor just because of his dissatisfaction with the treatment effect. | | 医学是复杂的生命科学，诊疗方案是医生基于医学知识作出的专业判断，患者对治疗效果要理性对待，不能仅因自认为治疗效果不佳就迁怒于医生甚至报复行凶。 |
| This is a model case where a patient was dissatisfied with the treatment effect and after the mediation failed, the patient took revenge on and killed the doctor. Although defendant Yuan Mingjun fell under circumstances of voluntary surrender, he deliberately took revenge and after almost one year of his treatment, he went to the doctor's office with knives and continuously stabbed and chopped the doctor, resulting in death of the doctor. Yuan Mingjun had sheer subjective malice and extremely serious offense. The people's court sentenced Yuan Mingjun to death penalty according to the law, which has reflected severe punishments for such crimes. | | 本案是一起患者因对治疗效果不满，经调解未果，报复杀害医生的典型案例。被告人员明军虽有自首情节，但其蓄意报复，在就诊近一年后携刀具到医生办公室连续捅刺、砍击医生致死，主观恶性深，罪行极其严重。人民法院依法对员明军判处死刑，体现了对此类犯罪的严惩。 |
| Case No. 2 | | 案例2 |
| Case of Intentional Homicide by Sun Wenbin | | 孙文斌故意杀人案 |
| Basic Facts | | 基本案情 |
| Defendant, Sun Wenbin, male, Han nationality, born on December 23, 1964, jobless. | | 被告人孙文斌，男，汉族，1964年12月23日出生，无业。 |
| On November 12, defendant Sun Wenbin's mother (95 years old) was sent to the Beijing First Hospital of Integrated Traditional and Western Medicine for suffering from such diseases as asthma, heart disease, and sequela of cerebral infarction for hospitalization and on November 22, she was discharged from hospital. During the period, the Hospital once issued a notice of critical conditions. On December 4 of the same year, since Sun Wenbin's mother was unable to eat normally at home, Sun Wenbin called 999 and sent his mother to Civil Aviation General Hospital in Beijing by an emergency ambulance. Upon emergency diagnosis and treatment, the conditions of Sun's mother were not improved and she was remained in hospital under observation. Sun Wenbin thought that the unimproved condition of his mother was related to the diagnosis and treatment of Yang (victim, female, died at 51 years old), the doctor that first received them, and he held a grudge against Yang. | | 2019年11月12 日，被告人孙文斌之母（95岁）因患哮喘、心脏病、脑梗死后遗症等疾病到北京市第一中西医结合医院住院治疗，同月22 日出院。其间，医院曾下达病危病重通知书。同年12月4日，因孙母在家中不能正常进食，孙文斌联系999急救车将孙母送至北京市民航总医院。孙母经急诊诊治未见好转，被留院观察。孙文斌认为孙母的病情未好转与首诊医生杨某（被害人，女，殁年51岁）的诊治有关，遂对杨某怀恨在心。 |
| On December 8, Sun Wenbin returned to his temporary residence and took along a sharp knife, threatened to take revenge on Yang, and repeatedly refused the Hospital's further examination and treatment of his mother. Around 6:00 on December 24, when introducing Sun Wenbin the conditions of his mother at the nurses' station in the emergency room, Sun Wenbin suddenly pulled out the sharp knife from his waist, repeatedly cut Yang's neck with the knife in public, giving rise to Yang's falling down to the ground, and despite of being impeded by others, he stabbed Yang's neck with the knife, causing Yang's death from cervical cord transection and traumatic hemorrhagic shock. After committing the crime, Sun Wenbin called 110 with his mobile phone and voluntarily surrendered himself to the public security organ. | | 同月8日，孙文斌返回其暂住地取了一把尖刀随身携带，扬言要报复杨某，并多次拒绝医院对孙母做进一步检查和治疗。同月24日6时许，杨某在急诊科抢救室护士站向孙文斌介绍孙母的病情时，孙文斌突然从腰间拔出尖刀，当众持刀反复切割杨某颈部致杨某倒地，后又不顾他人阻拦，再次持刀捅刺杨某颈部，致杨某颈髓横断合并创伤失血性休克死亡。孙文斌作案后用手机拨打110报警投案。 |
| Judgment | | 裁判结果 |
| This case was tried by the Third Intermediate People's Court of Beijing Municipality in the trial of first instance and the Higher People's Court of Beijing Municipality in the trial of second instance. The Supreme People's Court reviewed the death sentence in this case. | | 本案由北京市第三中级人民法院一审，北京市高级人民法院二审。最高人民法院对本案进行了死刑复核。 |
| The Court held that defendant Sun Wenbin deliberately took the life of another person and he was guilty of intentional homicide. Since the conditions of his mother were not improved during the period of seeking medical services in the hospital, Sun Wenbin put the blame on and vented his anger on Yang, the doctor first receiving them, prepared a sharp knife in advance, deliberately took revenge on Yang, and committed physical assault in the emergency room of the hospital in public, causing Yang's death. With mean criminal motive, extremely cruel means, particularly execrable nature, great social harms, and extremely serious offense, Sun Wenbin should be punished according to the law. Although Sun Wenbin fell under circumstances of voluntary surrender, the voluntary surrender was insufficient for giving him a light punishment. Accordingly, the Third Intermediate People's Court of Beijing Municipality sentenced defendant Sun Wenbin to death penalty with deprival of political rights for life, which was approved by the Supreme People's Court. | | 法院认为，被告人孙文斌故意非法剥夺他人生命，其行为已构成故意杀人罪。孙文斌因母亲就医期间病情未见好转，归咎并迁怒于首诊医生杨某，事先准备尖刀，预谋报复杀人，并在医院急诊科当众持刀行凶，致杨某死亡，犯罪动机卑劣，手段特别残忍，性质极其恶劣，社会危害性极大，罪行极其严重，应依法惩处。孙文斌虽具有自首情节，但不足以对其从轻处罚。据此，依法对被告人孙文斌判处并核准死刑，剥夺政治权利终身。 |
| The criminal offender Sun Wenbin was executed on April 3, 2020. | | 罪犯孙文斌已于2020年4月3日被依法执行死刑。 |
| Significance | | 典型意义 |
| Healing the wounded and rescuing the dying are the duties of doctors, but the medical science is not omnipotent and the medical effects do not always meet the expectations of patients and their family members. The patients and their family members should first actively cooperate with doctors for treatment and they should also correctly comprehend the conditions of the patients and the treatment effects instead of putting blame on hospitals and doctors simply because of unimproved conditions. | | 救死扶伤是医生的职责使命，但医学不是万能的，医疗效果并不总能满足患者和家属的期待。患者和家属首先应当积极配合医院进行治疗，同时也要正确认识病情和治疗效果，不能简单因病情未好转便归咎于医院和医生。 |
| This is a model case where the family member of a patient deliberately took revenge on and killed a doctor since the conditions of the patient were not improved. After it arose at the end of 2019, there have been great and execrable social impacts. During the hospitalization of his aged mother who suffered from several severe diseases, defendant Sun Wenbin repeatedly refused the hospital's proposal for examination and treatment of his mother and he deemed that the unimproved condition of his mother was related to the diagnosis and treatment by the doctor first receiving them. Upon premeditation, he killed the doctor in public in the hospital. With particularly execrable criminal nature and extremely cruel means, Sun Wenbin has committed an extremely serious offense. The people's court sentenced Sun Wenbin to death penalty, which has demonstrated its stand in resolutely punishing crimes of violently killing doctors. | | 本案是一起患者家属因患者病情未见好转而预谋报复杀害医生的典型案例，2019年年底案发后产生巨大且恶劣的社会影响。被告人孙文斌在将其年迈并患有多种严重疾病的母亲送到医院治疗期间，多次拒绝医院对其母进行检查和治疗，却认为其母病情未见好转与首诊医生的诊治有关，经预谋后在医院当众杀害首诊医生，犯罪性质极其恶劣，手段特别残忍，罪行极其严重。人民法院依法对孙文斌判处死刑，体现了坚决惩治暴力杀医犯罪的严正立场。 |
| Case No. 3 | | 案例3 |
| Case of Picking Quarrels and Provoking Troubles by Ke Jinshan | | 柯金山寻衅滋事案 |
| Basic Facts | | 基本案情 |
| Defendant, Ke Jinshan, male, Han nationality, born on January 15, 1979, migrant worker. | | 被告人柯金山，男，汉族，1979年1月15日出生，务工人员。 |
On January 27, 2020, Tian, father-in-law of defendant Ke Jinshan, was admitted to the Fourth Hospital of Wuhan City, Hubei Province (West Area) for suspected COVID-19. On the morning of January 29, Ke Jinshan and other family members came into conflicts with the hospital due to issues concerning transfer to another hospital. Around 21:40 on the same day, Tian was in critical condition and his family members called a nurse in the isolation area. After examination, the nurse notified Gao, the doctor on duty outside the isolation area. During the period, Ke Jinshan shouted and pounded articles. After entering the isolation area, seeing that the family members of the patient were excited, Gao returned to the office and reported to the chief doctor, issued the doctor's advice on the computer, and arranged nurses to rescue Tian. Tian died due to respiratory failure caused by pulmonary infection despite of all rescue efforts.
．．．．．． | | 2020年1月27日，被告人柯金山的岳父田某因疑似新型冠状病毒肺炎入住湖北省武汉市第四医院（西区）就医。同月29日上午，柯金山等家属因田某转院问题与医院发生矛盾。当日21时40分许，田某病情危急，家属呼叫隔离区护士，护士查看后通知隔离区外的值班医生高某。其间，柯金山大喊大叫、拍打物品。高某进入隔离区时见患者家属情绪激动，遂返回办公室向主任报告，同时通过电脑下医嘱，安排护士对田某进行抢救。田某因肺部感染致呼吸衰竭经抢救无效死亡。
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