On April 21, Shenyang, Liaoning, near Lane 16 of Beiling Street, a woman rides an electric bike and bumps into a Mercedes-Benz SUV. Then the woman on the bike quarreled with someone on the Mercedes-Benz. Two men on the Mercedes-Benz slapped the woman consecutively. , Causing his nose to bleed.
According to several witnesses, the woman was still carrying a little boy. A passenger of Mercedes-Benz got out of the car door and knocked down the electric car. Many enthusiastic citizens gathered around to stop the Mercedes-Benz from leaving and Call the police.
An enthusiastic elder sister came downstairs to fight the injustice and was almost beaten. “The eldest sister couldn’t stand it upstairs, so she came down to explain things to others, but the reasoning caused her to get two feet.” Witnesses said that the last man in the Mercedes-Benz paid back. It is said that the woman is “touching porcelain”, but there is no such thing as bringing a child to touch porcelain.
The police announcement has come out, and the result is mediation to close the case. Fact part: When Yang (female, 36 years old) drove her son on an electric bicycle to the vicinity of No. 2, Lane 16, Beiling Street, when Sun (male, 39 years old) suddenly opened the door on the left and back of his private car parked on the side of the road. As a result, Yang’s electric bicycle collided with the vehicle and fell, and Yang’s son suffered a contusion on his hand. After Yang got up, he verbally abused the people in the car. Sun (male, 59 years old, uncle Sun) who was sitting in the left back seat of the car got out of the car and scolded him. Sun’s collar was damaged by a certain collar, which was later diagnosed by the hospital as multiple injuries and abrasions on his right shoulder. Later, Sun got out of the car, and his uncle Sun verbally abused and beat Yang Moumou, causing Yang Moumou’s facial injuries and bleeding, which was later diagnosed by the hospital as a nasal bone fracture (simple). Handling result: The two parties reached an understanding agreement, and Sun and Sun apologized to Yang and made financial compensation. On the basis of the voluntary reconciliation between the parties, and in accordance with the provisions of Article 9 of the “Public Security Administration Punishment Law of the People’s Republic of China,” the public security agency conducted mediation in accordance with the law. Legal interpretation: According to the relevant provisions of section 5.2.5 of the “Human Injury Degree Appraisal Standards”, nasal bone fractures are minor injuries and do not meet the criteria for criminal case filing; since this case is a dispute caused by a traffic accident, the parties are not in trouble, so it cannot be used to provoke troubles. Criminal prosecution procedures should not be initiated in this case. Article 43 of the “Public Security Administration Punishment Law” stipulates that anyone who assaults another person or intentionally injures the body of another person shall be detained for not less than 5 days but not more than 10 days, and shall be fined not less than 200 yuan but not more than 500 yuan; if the circumstances are less serious, 5 Detained less than a day or fined less than 500 yuan. In any of the following circumstances, detention for not less than 10 days but not more than 15 days, and a fine of not less than 500 yuan but not more than 1,000 yuan: (1) Assaulting or hurting others in a group; (2) Beating or hurting disabled persons, pregnant women, and under the age of 14 Or those over 60 years of age; (3) Assaulting or hurting others multiple times or assaulting or hurting multiple people at once. At the same time, Article 9 stipulates that the public security organs can mediate and deal with violations of public security management, such as fighting or damaging other people’s property caused by civil disputes, if the circumstances are minor. No punishment shall be imposed if the parties reach an agreement after mediation by the public security organ. The personal understanding of the relevant regulations is: 1. Only those violations of public security management such as fighting or damaging other people’s property caused by civil disputes, and the circumstances are relatively minor, can mediate and reach an agreement without punishment. 2. However, in this case, the two persons assaulted the victim together, which complied with the “group assaulting or hurting others” as stipulated in Article 43, and resulted in minor injuries to the victim, which is a “serious situation”. 3. Therefore, it is not possible to apply Article 9 to impose no punishment, only Article 19 stipulates that the punishment shall be mitigated or not imposed on the grounds of “proactively eliminate or mitigate the consequences of the violation and obtain the understanding of the victim”. Of course, there is a prerequisite here, that is, the victim must voluntarily issue a letter of understanding. 4. Since the penalty range in this case was detention for not less than 10 days but not more than 15 days, it is unreasonable not to impose punishment on the basis of the victim’s understanding. Therefore, the punishment can only be mitigated, and the punishment should still be detained for at least 5 days but not more than 10 days.