Gu zuzhao has no objection to the charge of the case, but believes that Rui Bifeng was summoned to the case by the public security organ and should not be considered as surrender, and opposes the application of probation. On the evening of February 28, Gu zuzhao told surging news that he would appeal.
Decision on administrative punishment of Shushan branch of Hefei Public Security Bureau
According to the judgment, the Shushan court found that Rui Bifeng and Gu zuzhao were both retired teachers of Anu. At about 7:00 on May 18, 2018, Rui Bifeng walked his dog outside the playground of the Affiliated Middle School of Anda. Gu zuzhao saw Rui Bifeng in the playground. There was a quarrel between the two sides. After Rui Bifeng passed through the fence of the playground and entered the playground, he pushed Gu zuzhao with his hand first, then hit Gu zuzhao on the head with his fist, causing injury to his left eye. According to the identification of the Institute of criminal science and technology of Hefei public security bureau, the degree of injury of Gu zuzhaos left infraorbital wall fracture was slight (grade II). After that, entrusted by the public security organ and reevaluated by the Academy of forensic science, Gu zuzhao suffered multiple fractures of the left orbital wall caused by external force, which constituted the first level of light injury, and the second level of light injury.
Shushan court also found out that on June 22, 2018, Rui Bifeng was summoned to the public security organ for the case, and then was detained for 10 days and fined 500 yuan by Shushan branch of Hefei public security bureau. On September 26, 2018, Rui Bifeng received a phone call from the public security organ after filing the case, and then truthfully stated the facts of the case.
Shushan Court further found out: on May 30, 2018, Gu zuzhao was admitted to the First Affiliated Hospital of Anhui Medical University for treatment due to his left eye injury. He was admitted to the hospital and found to have fracture of the inner wall and the lower wall of the left orbit. On June 1, 2018, he underwent general anesthesia to repair the fracture of the left orbit. On June 6, 2018, Gu zuzhao was discharged from the hospital and diagnosed as a fracture of the left orbital bone.
CT examination report
From June 22 to July 31, 2018, Gu zuzhao visited the first and fourth peoples hospitals in Shanghai for six times, examined and purchased drugs, and then he was admitted to the Ninth Peoples Hospital Affiliated to Shanghai Jiaotong University School of Medicine on January 30, 2019 for treatment. The admission examination showed that he still had diplopia in all directions five months after the operation, and his left eyeball was sunken. On January 31, 2019, he underwent the left orbital fracture reduction under general anesthesia, Postoperative anti-inflammatory and anti infection treatment. According to the identification of Anhui Quancheng judicial appraisal center, Gu zuzhao suffered from fracture of the left orbital wall caused by trauma, leaving diplopia, which constituted grade 10 disability.
After the crime, ruibifeng deposited the compensation deposit of 80000 yuan and 50000 yuan to Luzhou Notary Office of Hefei City, Anhui Province on September 26, 2018 and February 25, 2020, respectively.
According to the judgment, Gu zuzhao and his agent ad litem have no objection to the facts and charges of the case, but believe that ruibifeng was summoned to the case by the public security organ and should not be deemed as surrender. At the same time, the victim has no fault in the case, and require the court to make a judgment on the economic losses caused by Gu zuzhaos case according to law, and sentence the defendant ruibifeng according to law, and suggest not to apply probation.
According to Shushan court, ruibifeng intentionally injured others bodies, causing minor injuries (Level 1) and another minor injury (Level 2). His act has constituted the crime of intentional injury and should be punished according to law. The charges of the peoples Procuratorate of Shushan District of Hefei City, the public prosecution organ, were established. Rui Bifeng arrived at the case after being informed by the public security organ by telephone, and truthfully confessed the facts of the crime, and pleaded guilty in court, which was a voluntary surrender, and could be given a lighter punishment according to law. Rui Bifeng can truthfully state all the facts of the crime when he arrives at the case, and he has paid all the civil compensation in advance by depositing the compensation deposit with the Luzhou Notary Office of Hefei city. At the same time, through the investigation and evaluation of Shushan court, ruibifeng meets the conditions of community correction.
To sum up, combined with the facts of the case, Shushan court held that ruibifeng met the applicable conditions of probation. In the specific sentencing, we should also take into account the consequences of the victims grade 10 disability caused by ruibifeng. Rui Bifeng, the defendant, shall be liable for the economic losses caused to the plaintiff in the incidental civil action.
According to the causes, facts, nature, circumstances and degree of social harm of the case, the trial committee of Shushan court discussed and decided that the judgment is as follows:
1u3001 Rui Bifeng, the defendant, committed the crime of intentional injury and was sentenced to one year and four months imprisonment and one year and six months probation (the probation period of probation shall be calculated from the date when the judgment is determined).
2u3001 The defendant Rui Bifeng shall, within 10 days after the effective date of this judgment, compensate the plaintiff Gu zuzhao in the incidental civil action for all economic losses totaling 116157.69 yuan.
3u3001 Other claims of Gu zuzhao, the plaintiff of the incidental civil action, shall be rejected.
According to the first paragraph of Article 67 of the criminal law, a person who voluntarily commits a crime and truthfully confesses his or her crime after committing a crime is a person who surrenders himself or herself. A criminal who surrenders himself may be given a lighter or mitigated punishment. Among them, those who commit minor crimes may be exempted from punishment.
Article 72, paragraph 1, provides that a suspended sentence may be pronounced for a criminal sentenced to criminal detention and fixed-term imprisonment of not more than three years, if the following conditions are met at the same time; a suspended sentence shall be pronounced for a person under the age of 18, a pregnant woman and a person who has reached the age of 75: (1) the circumstances of the crime are relatively minor; (2) there is a manifestation of repentance; (3) there is no danger of further crime; (4) a suspended sentence shall be pronounced for the community in which he lives No significant adverse effects.
According to the above provisions, Gu zuzhao believes that Rui Bifengs behavior does not constitute surrender and does not meet the applicable conditions for probation. He will appeal against the first trial decision.
According to public information, Rui Bifeng was born in July 1957 in Maanshan, Anhui Province. Rui Bifeng once served as the dean of School of Journalism and communication, President of Jianghuai University, doctoral supervisor and Professor, part-time doctoral supervisor of Huazhong University of science and technology, member of Journalism Teaching Steering Committee of the Ministry of education, director of China Society of Journalism and education, member of the 9th and 10th CPPCC of Anhui Province, and executive director of Anhui documentary Association. Rui Bifengs main research area is news communication theory.
Gu zuzhao, born in November 1941 in Taihe, Anhui Province. Gu zuzhao is a professor in Chinese Department of Anda, former director of literature and art discipline, former director of Research Institute of integration of Chinese and Western literature and art theories of Anda, former invited researcher of literature and art research center of Beijing Normal University, researcher of Chinese language and culture center of Nanyang University of Singapore, executive director of Chinese and foreign literature and art theory society, and director of Anhui fine arts theory research society. Gu zuzhao is a national excellent teacher and expert enjoying special government allowance of the State Council. His main research direction is literature and art and Chinese classical aesthetics.