-The whole story of "Feng suspected of intentional injury"
"Feng's alleged intentional injury case" is a criminal case filed by Guangdong enping city Public Security Bureau and handled by enping city Jiangnan Police Station. The defendant Feng and the victim Wu Shimei (nickname: fat woman, relative of Huang Longwu, deputy head of Interpol Brigade of enping city Public Security Bureau) had an argument on September 28th, 20th13. In order to get rid of Wu Shimei's entanglement, Feng Yesheng pushed Wu Shimei away with his hand (Wu Shimei did not fall to the ground because of this), and the enping city Public Security Bureau made a judicial judgment on Wu Shimei. He was slightly injured and accused Feng of intentional injury. He was criminally detained on May 5, 201/kloc-0, and was arrested on May 29, 20 165438+29 in the same year. He was prosecuted by enping city People's Procuratorate on February 24, 20 14. Everyone witnessed the facts of the court trial, and the spectators were deeply dissatisfied with the criminal case. They think that the handling of this case is unrealistic, unfair and unjust, and it is a false and wrong case, and Feng is wronged!
One. Basic facts of the case
Defendant Feng and victim Wu Shimei are both engaged in wood processing business in Micang Bamboo Market of enping city Encheng Sub-district Office. Due to the difficulty in recruiting workers in recent years, Wu Shimei went to the door of the wood factory where the defendant Feng worked for many times in late September 2065438+2003 to compete for the workers of Feng's wood factory with a monthly salary of 3,000 yuan. To this end, Feng repeatedly called Wu Shimei to communicate this matter and had a dispute during the call. On September 28th, 20 13, at 3 o'clock in the afternoon, Feng was drinking tea at the gate of "Aheng" booth in bamboo and wood market. At that time, Wu Shimei saw Feng riding a moped on the street opposite the "Aheng" booth. Wu Shimei stopped, crossed the road and walked towards Feng, pointing to Feng as she walked. When Wu Shimei walked beside Feng Yesheng, he continued to point his finger at Feng Yesheng's eyes. When Feng Yesheng pushed Wu Shimei away with his hand, Wu Shimei did not fall to the ground. After Feng pushed Wu away with his hand, Wu still stood there and continued to insult Feng. After the two sides stood together and scolded each other for a few minutes, Wu Shimei stepped aside and sat on the ground crying and continued to insult Feng. Ten minutes later, Wu Shimei suddenly got up, walked to the booth of Aheng, picked up a piece of wood and smashed it on Feng's head sitting at the door. Feng hurriedly put his hands against the block, causing his right arm to be bruised and bleeding by Wu Shimei's block. At this moment, the waiter Chen Ruiling came running and hugged Feng, grabbed the clogs and separated them in time to avoid things getting worse. Under the persuasion of everyone, Feng went back to Aheng's booth to continue drinking tea, while Wu Shimei went to the roadside to stand and continue to insult Feng. After about ten minutes of scolding, Wu Shimei sat on the ground again, continued to insult Feng, and began to "cheat" and "cheat", pretending to be beaten by Feng. They persuaded Wu Shimei to stop, but Wu Shimei still insisted on going her own way. Then Wu Shimei called the police on her own. About 20 minutes later, the police from enping city Jiangnan Police Station came to the scene, and the ambulance from enping city People's Hospital also arrived.
During the whole quarrel, Feng Yesheng did not beat Wu Shimei, nor did he hurt Wu Shimei (confirmed by many witnesses at the scene). Feng Yesheng just pushed Wu Shimei's hand and gently pushed it away. When Feng pushed Wu Shimei away, Wu did not fall to the ground (confirmed by many witnesses at the scene), but Wu Shimei later sat on the ground by himself (which shows that he had hurt thoughts and behaviors). Feng pushed the handle away. At the same time, two witnesses at the scene (and Wu) testified in court that Feng did not push Wu Shimei to fall to the ground, but Wu Shimei sat on the ground himself. It was also confirmed that the bleeding of Feng's right hand was really caused by Wu Shimei's beating with wooden slippers.
To sum up, Feng Yesheng didn't hit Wu Shimei at all, let alone push Wu Shimei to the ground.
Second, Wu Shimei's minor injury "Forensic Examination Report" is full of doubts.
1, Wu Shimei was not subjected to serious violence at that time, and the pedicle of the fourth lumbar vertebra could not be broken.
According to medical knowledge, fractures can only be formed under severe violence. At that time, Feng Yesheng only gave Wu Shimei a push. Wu Shimei was not seriously injured by violence at all, and his lumbar pedicle could not be broken.
2. Forensic report When the appraiser testified in court, it was impossible to determine whether Wu Shimei's "4 pedicle fractures of lumbar vertebrae" were formed on or before September 28th, 20 13. As a common disease, "lumbar pedicle fracture" may be Wu Shimei's old injury, not formed on the day of the incident.
3. After the incident, Wu Shimei was hospitalized in the first surgical area of enping city People's Hospital from September 28th, 2065438 to June 28th, 2065438 (the hospitalization time was three days in total), and the enping city Public Security Bureau made a judicial appraisal on September 28th, 2065438, but made a judicial appraisal. The conclusion time of minor injury identification is 201110.12, with a difference of one and a half months. According to the expert's appraisal, if Wu Shimei really suffers from a "4 pedicle fracture of lumbar vertebra", the appraisal institution can make the appraisal result on the same day, without waiting for one and a half months to make the appraisal result. From the time point of view, there are great doubts about this appraisal result. In addition, according to the receipt of hospitalization expenses provided by Wu Shimei, Wu Shimei had 9 X-ray examinations, 8 CT examinations, 2 electrocardiogram examinations, syphilis and hepatitis B virus examinations. However, during the treatment, the forensic examination report only quoted the results of two X-ray examinations. (At the trial of the case, the cited X-ray film was not attached to the examination report, so it is doubtful whether the X-ray film content is true or not, and whether it is consistent with Wu Shimei's injury), all other examination reports were not cited, and all medical records were not provided to the court (only the receipt of hospitalization expenses was provided, is there something hidden in the medical records? Or is there really a shady scene? )。 According to the relevant provisions of forensic medicine, CT examination report is the most important basis for identifying lumbar injury. The inspection report should be cited, but it was not cited. Is it that the judicial appraiser is thoughtless? Neglected Nathatch is too confident? Or is there another purpose? A large number of important samples are omitted, lacking impartiality, objectivity and authenticity, and there are obvious errors and doubts in the appraisal conclusion.
4, 100 days, this is medical common sense. If Wu Shimei really has a "4 pedicle fracture of lumbar vertebra" due to trauma, she needs to stay in bed and fix the lumbar vertebra for healing, and rest for at least 60 days. It is impossible to walk normally and do gravity work during the recovery period. However, more than 65,438+00 witnesses, including Feng Ruiping (a worker and contractor in the bamboo and wood processing market management office) and Gwan Chin, confirmed that Wu Shimei was able to drive her husband to work in the bamboo and wood processing market on the morning of the third day after the quarrel (that is, on the morning of June 4, 1965, the day when Wu Shimei was discharged from the hospital), and was able to carry a lot of wood and hoe the ground to grow vegetables. Therefore, Wu Shimei's freedom of action and Wu Shimei's injury once again contradict each other, which proves that the appraisal result of the inspection report in judicial appraisal violates medical common sense.
The victim Wu Shimei was not pushed to the ground by Feng. Feng Yesheng could not have caused Wu Shimei's "4 pedicle fractures of lumbar vertebrae". At the same time, according to the diagnosis certificate issued by enping city People's Hospital that Wu Shimei later provided to the court, its contents were altered. When Wu Shimei was admitted to the hospital, she wrote "car accident" in the column of "hospitalization" in the diagnosis certificate, and later changed "car accident" to "trauma". These frauds further prove that Wu Shimei's injury has something else to hide, or has nothing to do with Feng. Will the real "car accident" injury turn into Wu Shimei's injury this time? In order to achieve ulterior motives, the defendant's lawyer and many people who know the case have raised doubts, saying that there are many doubts.
Third, the police officer of Jiangnan Police Station who undertook the case and the deputy head of Interpol Brigade of enping city Public Security Bureau (Huang Longwu) were suspected of abusing their powers, forging together and extorting by using the case.
1. After the incident, enping city Jiangnan Police Station joined the investigation and handling on the same day. At that time, the case was accepted as a general civil "property infringement case". In the process of coordination, Feng was asked to compensate Wu Shimei for 200,000 yuan, that is, 6.5438+0.5 million yuan, which was finally reduced to 6.5438+0.5 million yuan. However, Wu Shimei only spent 6,000 yuan on hospitalization expenses (according to the hospitalization receipt provided by Wu Shimei), and many examination and treatment expenses have nothing to do with the treatment of waist injuries (such as syphilis and hepatitis B). Because Wu Shimei's "injury" was not caused by Feng, the unreasonable compensation of 6,543,800 yuan to 200,000 yuan made the defendant Feng totally unacceptable and refused. However, because we have known each other for many years and have a good relationship, Feng Yesheng agreed to give about 65,438+0,000 yuan on humanitarian grounds, but Wu Shimei laughed at and refused. In this way, after a month and a half, the case was filed as a "criminal case", and Feng was also detained at this time. This is obviously a blackmail process that makes Feng prostrate!
2. After investigation, it was found that Huang Longwu, deputy head of the Interpol Brigade of enping city Public Security Bureau, and Huang Longxi, the husband of the victim Wu Shimei, were brothers. Huang Longxi has a younger brother named Huang Longbao, and Feng Fengxin, Feng Yesheng's sister, pleaded with Huang Longbao. Huang Longbao said to Feng Fengxin in person: Your brother Feng Yesheng was ordered by my brother Huang Longwu (deputy head of the Interpol Brigade of enping city Public Security Bureau) to be criminally detained by Jiangnan police station. It's no big deal, just let him taste the life behind bars.
3. Zheng, the policeman and deputy director of enping city Jiangnan Police Station who hosted the case, investigated and handled the case on the day of the crime, and contacted the witnesses at the scene, and made a detailed inquiry record of the witnesses at the scene. Witnesses at the scene confirmed that Feng Yesheng did not beat Wu Shimei, but Wu Shimei injured Feng Yesheng with a wooden slipper. However, the investigators of Jiangnan police station distorted the facts and wrote in the on-site inspection record: "Feng knocked Wu Shimei to the ground with a raft." . "In the house on the south side of the scene, a Japanese wooden chair used by Feng Yesheng to hurt Wu Shimei was found." However, Wu Shimei didn't mention anything about Feng's clogs attack, which was totally inconsistent with the statements of Feng and many witnesses. This is obviously a scam.
4. By comparing Feng's "interrogation record" with Feng's confession in court, it is further confirmed that the relevant case handlers have committed fraud. The first sentence Feng Yesheng said in court was: "I was wronged. I Feng Yesheng didn't hurt Wu Shimei. " In this case, there are four transcripts of Feng's inquiry, and the contents of the four transcripts are contradictory.
The date of the first "interrogation record" is September 28th, 20 13, because it was written by the investigation organ before the case was filed, and according to the law, it cannot be used as legal criminal evidence.
In the second and third "interrogation transcripts", Feng explicitly denied that Wu Shimei was injured. Feng Yesheng said: I didn't push Wu Shimei to the ground, let alone hit her with wooden slippers. Wu Shimei's injury has nothing to do with me.
In the transcript of the fourth inquiry, the contents written by the case-handling personnel are as follows
Q: Did you really hurt others on purpose?
Feng A: Actually, I hurt others on purpose.
Q: Who did you hurt?
Feng A: I intentionally hurt a middle-aged woman named "Fat Woman".
The public security organ took this "interrogation record" as a confession of Feng's intentional injury. Feng repeatedly stressed in court that the contents of the transcript of the fourth inquiry were inconsistent with those stated at that time. In court, Feng stressed emotionally: "I never said that I pushed Wu Shimei to the ground, I never said that I intentionally hurt Wu Shimei, and I don't admit that I was guilty of intentional injury. I was wronged. " Regarding the signature on the interrogation record, Feng explained to the court: I am an adult with normal intelligence. I denied hitting Wu Shimei the second time and the third time when I recorded the record. The content of my confession for the fourth time was the same as that for the second time and the third time, and I also denied it. I didn't hurt her from the beginning. I have been wronged and will never confess. Regarding the content of the fourth interrogation record, when I finished the fourth interrogation record, the public security personnel asked me to sign it. I said that my eyesight was poor and I was strict.