Civil dispute case

At about 15:00 on April 6, 2013, the defendant Yang Jun was at the gate of No. 57-2, Heting West Road, Renhe Town, Baiyun District, Guangzhou. His friend and Yang Xmei had a quarrel over a debt dispute, so he went forward to mediate. A month later, Yang Xmei called the police and said that Yang Jun pulled her to the ground and then dragged her, causing her minor injuries. After receiving the call, the Baiyun Branch of the Guangzhou Public Security Bureau filed a case for investigation and placed Yang Jun under criminal detention on June 4, 2013. He was arrested on June 18. On August 16, 2013, the Baiyun Branch transferred the case to the Baiyun District Procuratorate for prosecution, and on September 9 of the same year, the Baiyun District Procuratorate filed a public prosecution with the Baiyun District Court. The Baiyun District Court held two hearings on the case on October 15 and December 3, 2013. In court, Huang Lihong, a well-known criminal defense lawyer in Guangzhou and Yang Jun's defense lawyer, clearly put forward the opinion of not guilty defense. After the court session, the Baiyun District Procuratorate believed that Huang Lihong's defense opinion was reasonable and withdrew the prosecution to the Baiyun District Court. After review, the Baiyun District Court made a criminal ruling agreeing to withdraw the prosecution. Therefore, after Huang Lihong's defense, Yang Jun was acquitted. As the old saying goes:

If you have reason, you will have no worries and good fortune. If you are good at making a statement, how can you harm Ping An in prison? Right and wrong should be determined. In the end, the lawsuit will be fair.

2. Defense Statement

Defense Statement for Yang Jun's Suspected Intentional Injury

Presiding Judge, People's Juror:

I was appointed by Guangdong Fazhi Shengbang Law Firm to serve as the first-instance defense lawyer for the defendant Yang Jun. After accepting Yang Jun's commission, I met with the defendant Yang Jun, learned about the case, and reviewed all the files of the case. This defense lawyer believes that the defendant Yang Jun's behavior does not constitute intentional injury. Now I present the following defense opinions to the court for the court's reference:

1. Yang Jun does not have the subjective motive to intentionally injure Yang Xmei.

Yang Jun and Yang Xmei are both from the same hometown and acquaintances. Before the incident, when Yang Xmei came to Guangzhou to attend the amusement machine exhibition held in Pazhou, Guangzhou in early April 2013, Yang Jun enthusiastically drove to the freight station to help Yang Xmei pick up the swing machine shipped from Zhejiang and store it in his factory. On April 2, 2013, Yang Jun drove again to help Yang Xmei transport the swing machine to the Pazhou amusement machine exhibition venue for exhibition. It can be seen from this that there is no feud between Yang Jun and Yang Xmei, so he did not have the subjective intention to hurt Yang Xmei. On the day of the incident, he saw Yang Xmei and Huang Xiongchang fighting, and out of good intentions, he stepped forward to persuade them to stop fighting and pulled the victim Yang Xmei apart. Obviously, he lacked the subjective criminal intent and had no motive to hurt others. Regardless of whether the victim was injured during the persuasion process, it did not constitute the crime of intentional injury. Even if the victim was injured during the persuasion process, it was beyond Yang Jun's expectation and was an accident, not intentional injury.

2. The evidence in this case cannot prove that the victim Yang Xmei's injury was related to Yang Jun, and it cannot prove that Yang Jun committed an act of injury.

1. Yang Jun's own confession and the facts ascertained in the trial prove that Yang Jun did not hurt Yang Xmei. According to Yang Jun, Yang Xmei and Huang Xiongchang continued to quarrel and pull outside the factory gate. Yang Xmei did not let Huang Xiongchang leave. Yang Jun went over to pull Yang Xmei away. Before pulling, Yang Xmei had fallen to the ground. He pushed Yang Xmei away for 12 meters, did not push Yang Xmei, and did not beat Yang Xmei.

2. The testimony of witness Sun Ying proves that the defendant Yang Jun did not hurt Yang Xmei. Sun Ying mentioned in her testimony that Yang Xmei and Huang Xiongchang were fighting at the factory gate. Huang Xiongchang held Yang Xmei's legs and threw her to the ground. Then the two of them lay on the ground and wrestled. Seeing this, Yang Jun walked up and pulled Yang Xmei away. I saw Yang Xmei struggled a few times and sat on the ground when Yang Jun pulled her up, and Yang Jun let go.

3. The testimony of witness Huang Xiongchang proves that the defendant Yang Jun did not hurt the victim. Huang Xiongchang mentioned in his testimony on July 24, 2013 that Yang Xmei asked him for a debt and beat Huang Xiongchang. During the struggle, both parties fell to the ground, but Yang Xmei still grabbed my hair and refused to let go, so Yang Jun came up and pulled Yang Xmei away. Huang Xiongchang's testimony proves that Yang Jun did not beat Yang Xmei. Yang Xmei fell to the ground because of the struggle with Huang Xiongchang, so Yang Xmei's injury was caused by her own fall.

4. The testimony of witness Zhang Jinwang proves that Yang Jun did not hurt Yang Xmei. Zhang Jinwang confirmed that Yang Xmei beat Huang Xiongchang, and during the struggle, both parties fell to the ground, and Yang Jun came up to pull Yang Xmei apart. Zhang Jinwang confirmed that Yang Jun did not beat Yang Xmei.

5. The forensic biopsy appraisal opinion cannot prove that the victim's injuries are related to Yang Jun.

The appraisal reflects that the victim was admitted to the hospital 10 days after the dispute, so his injuries are not highly related to this case. Even if he was injured during the struggle with Huang Xiongchang, it has nothing to do with the defendant Yang Jun.

6. The victim Yang Xmei's statement contradicts the testimony of all witnesses. All witnesses prove that Yang Jun did not do what Yang Xmei said, "Yang Jun rushed over to grab my clothes, grabbed me to the ground, dragged me six or seven meters on the ground and told me not to stay here." Therefore, the victim's statement is a solitary evidence, and this case cannot be convicted based on solitary evidence.

3. The indictment is based on unclear facts and insufficient evidence. There are many reasonable doubts in this case that cannot be ruled out, as shown below:

1. During the fight, Yang Jun pulled the victim Yang Xmei away, and the distance was only a few meters. Judging from the force and the human body structure, it is impossible to cause the victim to be injured, let alone a minor injury.

2. If the victim Yang Xmei was injured at the time, she should have felt and reacted at the time, and should have called the police as soon as possible. However, the facts are exactly the opposite. Not only did the victim not call the police as soon as possible, but according to Yang Jun's reaction, Yang Jun also saw the victim participating in the exhibition at the Pazhou Convention and Exhibition Center from the second to the fourth day after the incident. The victim did not mention that she was injured, which is enough to prove that the victim was not injured.

3. If the victim was injured, why didn't she go to the hospital for treatment as soon as possible?

4. The victim did not call the police until almost a month after the incident. During this month, anything could have happened. For example, the victim Yang Xmei accidentally fell and then blamed the suspect Yang Jun, or she got hurt in a fight with someone or even his family and blamed Yang Jun. Because the victim was tough and impulsive, it was not impossible. The fact that she went to the defendant Yang Jun's factory and beat the third person Huang Xiongchang was a good proof.

5. The victim Yang Xmei's injuries could also be old injuries left before the incident. Is there any evidence to prove that they were left when trying to stop the fight on the day of the incident?

IV. Handling of this case

The defense counsel believes that the evidence in this case is insufficient to prove that the suspect Yang Jun committed the crime of intentional injury, and this case should not be handled as a crime. To put it another way, even if the victim was injured during the process of trying to stop the fight, it was an accident and he should not bear legal responsibility, let alone criminal responsibility. Therefore, it is recommended that the court declare Yang Jun not guilty on the grounds that the facts are unclear and the evidence is insufficient.