China News Service, May 11, according to the Supreme Law website, the Supreme Law recently released 8 typical cases involving medical crimes concluded by the People's Court since 2019. Two of the death penalty cases were: Yuan Mingjun's intentional homicide case (Gansu Lanzhou homicide case), Sun Wenbin's intentional homicide case (Beijing Civil Aviation General Hospital homicide case); the other 6 cases were: Ke Jinshan's provocation case ), Li Suying seeks to provoke trouble cases (cases during the epidemic), Li Guangwei seeks to provoke trouble cases, Cao Huiyong seeks to provoke trouble cases, Li Facai and other intentional harm cases, Li Hongjun and others gather to disrupt social order. The Supreme People's Court stated that these cases set forth the people's court's attitude and position on "zero tolerance" for medical-related crimes.
The data shows that from 2019 to April this year, the People's Court concluded a total of 159 cases of medical-related crimes such as homicide, injury, and serious disruption of the order of medical institutions.
Case 1: Yuan Mingjun's intentional murder
(1) Basic case
The defendant Ming Jun, male, Han nationality, was born on May 20, 1976, working as a worker.
On February 9, 2017, the defendant Ming Jun went to Wuzhou Dermatology Hospital in Lanzhou City, Gansu Province to treat dark brown spots on both sides of his nose roots. Zhang Mou (the victim, female, aged 35 years old) Treatments such as pigment separation and superficial electrolysis were performed. After a course of treatment, Yuan Mingjun believed that the curative effect was not good and caused burns and scalds, and asked the hospital for compensation and threatened revenge. Afterwards, the Mediation Committee for Medical Disputes conducted mediation, but the member Ming Jun unreasonably demanded high compensation but failed. In December of the same year, Yuan Mingjun decided to retaliate against Zhang, and bought a sharp knife and a kitchen knife for committing crimes. At 14:20 on January 22, 2018, Yuan Mingjun broke into the office of Zhang Mou of the Wuzhou Dermatology Hospital with a knife, locked the door, and stabbed more than ten knives at the chest and back of Zhang Mou with a sharp knife. After the ground, he continued to chop Zhang Mou's neck and other places with a kitchen knife, causing Zhang's internal and external carotid arteries and internal jugular veins to rupture, as well as rupture of the left pulmonary veins and both lungs. After Yuan Mingjun committed the crime, he knew that someone called the police and was waiting for the police at the scene.
(2) Referee result
The case was first tried by the Lanzhou Intermediate People's Court of Gansu Province and the second instance by the Gansu High People's Court. The Supreme People's Court reviewed the death penalty in this case.
The court held that the defendant Ming Jun deliberately and illegally deprived others of his life, and his actions constituted a crime of intentional homicide. Yuan Mingjun could not correctly understand the effect of treatment, and deliberately retaliated after asking for high compensation without being satisfied. He stabbed and stabbed the doctor with a sharp knife and chopper in the doctor ’s office. Punish according to law. Although Yuan Mingjun had a surrender plot, the facts, nature, plot, and social harm of his crime were not enough to punish him lightly. According to this, the defendant Ming Jun was sentenced and approved the death penalty according to law, depriving him of political rights for life.
The criminal Ming Ming was sentenced to death on May 9, 2020.
(3) Typical meaning
Medicine is a complex life science, and the diagnosis and treatment plan is a professional judgment made by doctors based on medical knowledge. Patients should be treated rationally, and they should not be angry with doctors or even retaliate because they think that the treatment effect is not good. This case is a typical case of a patient who retaliated and killed a doctor because of dissatisfaction with the treatment effect and mediation failed. Although the defendant Ming Jun had surrendered, he deliberately retaliated. After nearly a year of treatment, he brought a knife to the doctor's office and stabbed and hacked the doctor to death. The subjective viciousness was deep and the crime was extremely serious. The People ’s Court sentenced Yuan Mingjun to death in accordance with law, reflecting the severe punishment for such crimes.
Case 2: Sun Wenbin's intentional murder
(1) Basic case
The defendant, Sun Wenbin, male, Han nationality, was born on December 23, 1964 and was unemployed.
On November 12, 2019, the mother of the defendant Sun Wenbin (95 years old) was hospitalized in Beijing No. 1 Integrated Traditional Chinese and Western Medicine Hospital due to asthma, heart disease, sequelae of cerebral infarction and other diseases. He was discharged on the same month on the 22nd. During this period, the hospital issued a notice of serious illness. On December 4 of the same year, because the grandmother could not eat normally at home, Sun Wenbin contacted 999 ambulance to take the grandmother to Beijing Civil Aviation General Hospital. The grandmother did not improve after emergency diagnosis and treatment, and was hospitalized for observation. Sun Wenbin believed that the grandmother's condition did not improve and it was related to the diagnosis and treatment of the first doctor Yang Mou (victim, female, 51 years old), so she held a grudge against Yang Mou. On the 8th of the same month, Sun Wenbin returned to his temporary residence and took a sharp knife to carry with him, threatened to retaliate against Yang, and repeatedly refused the hospital for further examination and treatment of his grandmother. At 6 o'clock on the same month on the 24th of the same month, when Yang introduced Sun Wenbin's condition to the nurses in the emergency department's emergency room, Sun Wenbin suddenly pulled out a sharp knife from his waist, holding the knife repeatedly cutting Yang's neck and causing Yang to fall to the ground. Regardless of other people's obstruction, he stabbed Yang's neck again with a knife, causing Yang's cervical spinal cord to traverse and die from traumatic hemorrhagic shock. After the crime, Sun Wenbin dialed 110 to call the police to commit the crime.
(2) Referee result
This case is the first instance of Beijing Third Intermediate People's Court and the second instance of Beijing High People's Court. The Supreme People's Court reviewed the death penalty in this case.
The court held that the accused Sun Wenbin deliberately and illegally deprived others of his life, and his actions constituted a crime of intentional homicide. Sun Wenbin's condition did not improve during his mother's medical treatment, blamed and angered the first doctor Yang Mou, prepared a sharp knife in advance, conspiracy to retaliate and murdered, and held a knife in the emergency department of the hospital to commit murder, causing Yang's death, criminal motives, and cruel means The nature is extremely bad, the society is extremely harmful, and the crime is extremely serious, which should be punished according to law. Although Sun Wenbin has a surrender plot, it is not enough to punish him lightly. Accordingly, the defendant Sun Wenbin was sentenced and approved the death penalty according to law, depriving him of political rights for life.
The criminal Sun Wenbin was executed on April 3, 2020.
(3) Typical meaning
It is the doctor's duty and mission to save lives and help the wounds, but medicine is not a panacea, and the medical effects do not always meet the expectations of patients and their families. Patients and their families should first actively cooperate with the hospital for treatment. At the same time, they must also correctly understand the condition and treatment effect. They cannot simply be blamed on the hospital and doctors because the condition does not improve. This case is a typical case of a patient's family members who premeditated revenge on the murder of a doctor because the patient's condition did not improve. The case had a huge and bad social impact after the end of 2019. The defendant Sun Wenbin repeatedly refused the hospital to examine and treat his mother during the treatment of her elderly mother with multiple serious diseases, but believed that her mother's condition did not improve related to the diagnosis and treatment of the first doctor. After the pre-conspiracy, the first doctor was killed in public in the hospital. The nature of the crime was extremely bad, the means was very cruel, and the crime was extremely serious. The people's court sentenced Sun Wenbin to death in accordance with the law, which embodies the solemn stance of resolutely punishing crimes of violent homicide.
Case 3: Ke Jinshan's case of provocation
(1) Basic case
The defendant, Ke Jinshan, male, Han nationality, was born on January 15, 1979, working as a worker.
On January 27, 2020, defendant Ke Jinshan's father-in-law Tian was admitted to the Fourth Hospital (Western District) of Wuhan City, Hubei Province due to suspected new coronavirus pneumonia. On the morning of the same month on the same month, Ke Jinshan and other family members had conflicts with the hospital because of a transfer problem. At 21:40 on the same day, Tian was in critical condition, and his family called the nurses in the quarantine area. After checking, the nurse notified the doctor on duty outside the quarantine area, Gao. In the meantime, Ke Jinshan yelled and beat objects. When Gao entered the quarantine area, he saw the patient's family feeling emotional, and then returned to the office to report to the director. At the same time, he gave a doctor's order through the computer and arranged a nurse to rescue Tian. Tian Mou died of respiratory failure due to lung infection after rescue. At 0:00 the next day, Ke Jinshan and Tian Mou's daughter questioned Gao Mou at the nurse station in the quarantine area because of dissatisfaction with the doctor's treatment. In the meantime, Ke Jinshan beat Gao Mou, and Tian Mou's daughter stepped forward to scratch and tear Gao Mou's protective clothing. On the way back from Gao Mou to the doctor ’s office, Ke Jinshan and Tian Mou ’s daughter continued to intercept and chase, causing Gao Mou ’s protective clothing, masks, goggles, etc. to be torn and detached, causing injuries to the head, face and left elbow, slight fracture of the left ulna, left Numerous soft tissue injuries of the foot ligaments and the entire body constitute minor injuries. After receiving the alarm, the public security organ went to the scene to capture Ke Jinshan. Gao was unable to work normally due to isolation and was tested to rule out infection with the new coronavirus pneumonia.
(2) Referee result
This case was tried by the People's Court of Qiaokou District, Wuhan City, Hubei Province.
The court held that during the prevention and control of the epidemic, the defendant Ke Jinshan, together with others, tore the doctor's protective clothing and beat the doctor in the isolation ward to cause minor injuries and put the doctor at risk of contracting the new coronavirus pneumonia The circumstances are bad, and their behavior has constituted a crime of provocation and should be punished according to law. After Ke Jinshan returned to the court, he truthfully confessed his crimes, and pleaded guilty to punishment, he could be given a lighter punishment. Accordingly, the defendant Ke Jinshan was sentenced to eight months ’imprisonment in accordance with law.
After the sentence was pronounced, there was no appeal or protest within the statutory period, and the above-mentioned judgment had legal effect on April 23, 2020.
(3) Typical meaning
This case is a case of a wounded doctor who occurred in Wuhan City, Hubei Province during the epidemic outbreak prevention and control period. The defendant Ke Jinshan and other family members of the patient vented their dissatisfaction and beat the doctor in the isolation area of the hospital, causing minor injuries and damaging their protective equipment. As a result, the doctor was unable to perform normal diagnosis and treatment due to isolation observation. The People's Court comprehensively considered the facts, nature, consequences, truthful confession, confession and punishment of Ke Jinshan's crime, and sentenced him to punishment according to law.
Case 4: Li Suying seeks to provoke trouble
(1) Basic case
The defendant Li Suying, female, Han nationality, was born on April 21, 1977, and is a worker.
At 16:30 on January 26, 2020, the defendant Li Suying was in the Nephrology Department Corridor of the fifth ward of the inpatient department of the First Affiliated Hospital of New Guangzhou Medical University (New Coronary Pneumonia Hospital) in Guangdong Province, from the treatment car outside the nurse station Take a syringe with a needle into the nurse's station, walk behind the working nurse Zhang Mou, use his left hand to hold Zhang Mou's neck, and right hand hold the syringe needle against Zhang Mou's right neck, in order to meet the experts to reflect the new crown Pneumonia is caused by holding Zhang Mou, causing Zhang Mou's right neck skin damage. After being repeatedly persuaded by the medical staff until 17:00, Li Suying let go of her left hand, and Zhang took the opportunity to escape from the hostage. Later, Li Suying was taken away from the scene by public security personnel.
(2) Referee result
The case was tried by the People's Court of Yuexiu District, Guangzhou City, Guangdong Province.
The court held that the defendant Li Suying used a syringe to hold and intimidate the medical staff at the designated hospital during the prevention and control of the new coronary pneumonia epidemic, which lasted for a long time, injured the medical staff, and seriously affected the normal working order of the hospital, and should be severely punished for the crime of provoking trouble. . In view of the fact that Li Suying truthfully confessed his crime after returning to the case, and pleaded guilty, he could be given a lighter punishment. Accordingly, the accused Li Suying was sentenced to one year in prison.
After the sentence was pronounced, there was no appeal or protest within the statutory period, and the above-mentioned judgment took effect on April 14, 2020.
(3) Typical meaning
This case is another case of an out-of-sequence case of an injured doctor in a new coronary pneumonia fixed-point hospital during the prevention and control of the epidemic. The defendant, Li Suying, caused trouble for no reason. On the grounds of interviewing experts to report the epidemic, he held a syringe at the hospital nurse station to intimidate the working nurse, causing physical and mental harm to the victim and seriously affecting the normal medical order of the hospital. The People's Court comprehensively considered the facts, nature, consequences and confessions of Li Suying's crimes, and sentenced him to one year's imprisonment in accordance with the law, reflecting the severe punishment for such crimes.
Case 5: Li Guangwei's case of provocation
(1) Basic case
The defendant Li Guangwei, male, Han nationality, was born on June 30, 1981 and was unemployed. On October 28, 2002, he was sentenced to six months ’imprisonment for theft and a fine of 1,000 yuan.
On June 29, 2019, the defendant Li Guangwei went to the Songgu Dental Clinic in Harbin City, Heilongjiang Province, and did not agree with the treatment plan proposed by doctor Ma after examination. After Li Guangwei left, he believed that Ma Mou had hooked his teeth during his examination, and then returned to the oral clinic to make a theory and threatened to avenge Ma Mou. Later, Li Guangwei went home to take a sharp knife and returned to the oral clinic again, looking for Ma Mou's unsuccessful retaliation. At this time, he saw the medical staff Yu Mou, hitting his head with a knife to vent his anger, causing a minor injury. After Yu Mou broke free, Li Guangwei saw medical personnel Luan Mou in the clinic, and stabbed Luan Mou with a knife, causing Luan to suffer a minor injury. Li Guangwei continued to chase others with a knife and scratched the back of the medical staff Fan Mou before leaving the scene. On the same day, Li Guangwei was captured by public security personnel.
(2) Referee result
The case was tried by the People's Court of Nangang District, Harbin City, Heilongjiang Province.
The court held that the defendant Li Guangwei had beaten and stabbed the medical staff with a knife at the medical institution to anger, causing one minor injury and one minor injury, and caused the medical institution to be in disorder and the plot was bad. . Li Guangwei was sentenced for a crime and committed a crime after being released after his sentence was over. Although Li Guangwei pleaded guilty to pleading guilty, the comprehensive facts, nature, circumstances and social harm degree of his crimes are not enough to punish lightly. Accordingly, the defendant Li Guangwei was sentenced to three years ’imprisonment in accordance with law.
After the sentence was pronounced, there was no appeal or protest within the statutory period, and the above-mentioned judgment took effect on May 8, 2020.
(3) Typical meaning
Seeking medical treatment rationally and strengthening communication in case of conflicts are the correct concept of medical treatment actively advocated by the whole society. Patients should not vent their anger and retaliate against medical staff for dissatisfaction with treatment or examination results. This case is a case where a patient was beaten with a knife and stabbed by other medical staff to injure because of retribution. The People ’s Court comprehensively considered the defendant Li Guangwei ’s aggravated criminal circumstances, more serious consequences, and previous criminal history. He was sentenced to three years ’imprisonment in accordance with the law, reflecting the severe punishment for such crimes.
Case 6: Cao Huiyong seeks to provoke trouble
(1) Basic case
The defendant Cao Huiyong, male, Han nationality, was born on June 15, 1983, a farmer. On January 31, 2002, he was sentenced to three years ’imprisonment for intentional injury; on May 14, 2009, he was sentenced to four months’ imprisonment for unlawful detention; on November 4, 2014, he was sentenced to fixed term for unlawful detention He was sentenced to eight months in prison and was released on February 17, 2015.
At 20 o'clock on February 6, 2019, the defendant Cao Huiyong sent his friend to the Taibai County Hospital in Shaanxi Province for treatment. In the meantime, Cao Huiyong went to the second floor of the hospital with a registered ticket to find a doctor. There was a verbal conflict with the on-duty doctor Gao Mou, and he picked up the stethoscope and threw it at Gao Mou. After Gao Mou escaped, Cao Huiyong hit Gao Mou's head and face with his fist and mobile phone, causing Gao Mou's nasal bone comminuted fracture and multiple other injuries, constituting a minor injury. The on-duty nurse Han Mou stepped forward to block, Cao Huiyong kicked Han Mou. After the other medical staff pulled Cao Huiyong away, Cao Huiyong was still abused in the corridor, causing inpatients and their families to watch, until the public security personnel arrived and took Cao Huiyong's uniform away.
(2) Referee result
The case was tried by the Taibai County People's Court in Shaanxi Province.
The court held that the accused, Cao Huiyong, accompanied his friend to seek medical treatment after drinking, casually beat the doctor to cause minor injuries, and kicked the nurse in front of him to stop him. He abused the doctor and the plot was bad. His behavior has constituted a crime of provocation. Cao Huiyong was sentenced to fixed-term imprisonment or more for crimes. Within five years after the execution of the penalty, he committed another crime that should be sentenced to fixed-term imprisonment or more. Cao Huiyong pleaded guilty and pleaded guilty, and obtained the victim's forgiveness. Accordingly, the defendant Cao Huiyong was sentenced to two years in prison in accordance with the law.
After the sentence was pronounced, there was no appeal or protest within the statutory time limit, and the above judgment was legally effective on October 29, 2019.
(3) Typical meaning
In recent years, there have been many cases of patients or their accompanying persons drinking and harassing in hospitals and harming medical staff. This case is a case where a patient accompanied a person to drink and cause trouble, assaulting a doctor or a nurse at will and causing minor injuries to the doctor. The People ’s Court comprehensively considered the defendant Cao Huiyong ’s multiple criminal convictions and repeated crimes and pleaded guilty and pleaded guilty.
Case 7: Li Facai and other cases of intentional injury
(1) Basic case
The defendant Li Facai, male, Hani nationality, was born on January 12, 1996, and is a migrant worker.
The defendant Guo Hui, male, Hani nationality, was born on June 13, 1993, working as a worker.
At 22:00 on June 24, 2018, the defendants Guo Hui, Li Facai and others accompanied others to the emergency room of the 533 Hospital of Kunming, Yunnan Province. The on-duty doctor Zhan Mou was transferred to the hospital based on the patient's condition. Guo Hui, Li Facai and others were dissatisfied with it and had a dispute with Zhan. Later Guo Hui, Li Facai and others beat Zhan Mou with minor injuries. On the same day, Guo Hui and Li Facai were captured by public security personnel.
(2) Referee result
The case was tried by the People's Court of Panlong District, Kunming City, Yunnan Province.
The court held that the defendants Li Facai and Guo Hui deliberately harmed the health of others and caused minor injuries. Their actions have constituted intentional harm. Li Facai and Guo Hui together with others beat the doctor in the hospital and caused minor injuries. The crime was bad and the consequences were serious. Both of them plead guilty in court and can be given a lighter punishment. Accordingly, the defendants Li Facai and Guo Hui were sentenced to one year in prison in accordance with the law.
After the sentence was pronounced, there was no appeal or protest within the statutory period, and the above-mentioned judgment has become legally effective on April 23, 2019.
(3) Typical meaning
The emergency department of a hospital is a department where the conflict between doctors and patients is concentrated. There is a certain difference in the treatment of emergency treatment and specialist outpatient clinics. Patients and their accompanying staff should reasonably communicate with doctors if they encounter problems, rather than wantonly fighting each other. This case is a case in which a patient's accompanying person beat the doctor by multiple people. The People's Court comprehensively considered the facts, nature, consequences of the crime in this case, and the defendants Li Facai and Guo Hui pleaded guilty in court, and sentenced the two to corresponding penalties.
Case 8: Li Hongjun and others gathered to disturb social order
(1) Basic case
The defendant Li Hongjun, male, Han nationality, was born on December 16, 1968, a farmer.
The defendant Li Hongtuan, male, Han nationality, was born on January 2, 1979, a farmer.
The defendant Huang Changqing, male, Han nationality, was born on December 25, 1975, a farmer.
The defendant Li Hongsi, male, Han nationality, was born on December 16, 1972, a farmer.
At noon on February 20, 2018, the son of the defendant Li Hongjun, Li Mou, was sent to the Dongwangji Township Hospital in Guanyun County, Jiangsu Province for treatment, and died after treatment. On the afternoon of the same day, Li Hongjun and the defendant Li Hongtuan and others wanted to put pressure on the hospital and parked Li's body in the observation room of the hospital. The defendant Li Hongsi gathered more than 50 people including Zhuang Lin, relatives and friends to the hospital, and stayed in the observation room, infusion room, hall and other places. That night, Li Hongsi incited Zhuang Lin and others to prevent public security personnel from performing official duties.
On the morning of the same month on the 21st, the defendants Li Hongsi and Huang Changqing incite others to push the public security personnel to maintain order. The defendants Li Hongjun, Li Hongtuan, Li Hongsi and others put more pressure on the hospital and the government to gather more people to the hospital. Together with Huang Changqing, he instructed Li ’s classmates to block the aisle with an infusion chair, and the video was posted on the Internet. . In order to create greater momentum and influence, Li Hongtuan negotiated with Li Hongjun to bring dangerous goods such as gas tanks and gasoline to the outpatient building of the hospital. That night, Li Hongjun again asked Li Hongsi to gather more Zhuang Neighbors to the health center. Later, the public security personnel asked Li Hongjun and others to take away the dangerous goods such as gas tanks and gasoline. Li Hongsi and Huang Changqing instigated Zhuang Lin to continue to make troubles in the health center. Dangerous goods such as gas tanks and gasoline will not be transported away.
On the same month on the 22nd, the defendants Li Hongjun, Li Hongtuan, Huang Changqing, Li Hongsi and others took the blockade of the door, infusion room, observation room, and aisle of the outpatient building of the hospital, insulting, ramming, throwing gasoline bottles, pouring gasoline on themselves to burn themselves, etc. Ways to prevent public security personnel from performing their official duties. At 14:00 on the same day, Li Hongjun, Li Hongtuan, Huang Changqing and others were forcibly taken away from the scene by public security personnel. Li Hongsi fled the opportunity and then took the initiative to commit the case. As a result of this case, some of the doors and windows, glass, infusion seats, monitoring equipment and other items in the outpatient building of the above-mentioned hospital were damaged. The total maintenance cost was 18,770 yuan, and 25 infusion seats were purchased (worth a total of 24,830 yuan).
(2) Referee result
This case was tried by Guanyun County People's Court of Jiangsu Province and Lianyungang Intermediate People's Court of Jiangsu Province.
The court held that the accused Li Hongjun, Li Hongtuan, Huang Changqing and Li Hong gathered the crowd to disrupt the medical order of the hospital. The circumstances were so serious that the hospital ’s medical work could not be carried out normally and caused serious losses. Li Hongjun and Li Hong's regiments are the main members, and Huang Changqing and Li Hong's active participants should be punished according to law. Li Hongsi surrendered to the plot, Li Hongjun and Li Hongtuan truthfully confessed the crime, and Huang Changqing voluntarily pleaded guilty in court, and both can be given a lighter punishment. Accordingly, the defendant Li Hongjun and Li Hongtuan were sentenced to three years ’imprisonment; the defendant Huang Changqing was sentenced to one year and six months and suspended for two years; the defendant Li Hongsi was sentenced to one year and three months and suspended for one year Six years.
The second-instance ruling has become legally effective on June 26, 2019.
(3) Typical meaning
The patient died of ineffective treatment, and no one was grieved by relatives. If relatives of patients have different opinions on the treatment of medical institutions and doctors, they should be resolved through legal channels, rather than expressing dissatisfaction with medical institutions and medical staff through illegal mortuary, crowd gathering, damage to property, and obstruction of official duties. This will not help solve the problem, it will also seriously disrupt the normal medical order and affect the rights of other patients to visit the clinic. This case is a typical case of a serious plot gathering crowds in the hospital. The patient died due to excessive drinking and was sent to the hospital for treatment. The relatives of the patient gathered many people to make trouble in the hospital for three consecutive days, which seriously disrupted the normal medical order. The People ’s Court sentenced the defendants Li Hongjun and Li Hongtuan to three years ’imprisonment respectively, reflecting the severe punishment for such crimes.