How long was Tian Liang sentenced in Taiyuan?

Baidu shows that the original public prosecution agency was the People's Procuratorate of Xinzhou City, Shanxi Province.

Appellant (defendant in the original trial) is male, born on July 1 July, 1994, Han nationality, with technical secondary school education, unemployed, from Yuanping City, Shanxi Province, and lived in Bancun Village, Yuanping City before his arrest. On August 25th, 20 16, he was criminally detained by Yuanping Public Security Bureau on suspicion of stirring up trouble. On September 7th, 20 16, he was approved by Yuanping People's Procuratorate and arrested by Yuanping Public Security Bureau on suspicion of intentional injury. Now detained in Yuanping detention center.

Litigation record

The Intermediate People's Court of Xinzhou City, Shanxi Province tried the case that the People's Procuratorate of Xinzhou City accused the defendant Tian Liang of intentional injury, and made a criminal judgment (20 16) No.63 on 201February 30th. After the verdict was pronounced, Tian Liang, the defendant in the original trial, refused to accept the verdict and appealed. Our college has formed a collegial panel according to law. After reading the documents and asking the appellant, it considered that the facts of the case were clear and decided not to hold a hearing. The trial is now over.

Factual basis

The original trial found that on May 4th, 2004, 2065438, villagers of Longyan Village, Changlianggou Town, Yuanping City 1 hosted a wedding banquet for their son. 14 o'clock, Zhao 1 relatives in Taiyuan (handled separately) and others were going to drive back to Taiyuan after dinner through the coal yard of Shen Da Coal Industry Co., Ltd., Nanzhou, Longyan Village, and were stopped by the company's security victim Zhao Mou2 and other six people on the grounds that foreign vehicles were prohibited from passing through the mining area. After Zhao Guinian (sentenced) was informed, let the village head Zhao Wenzhong (sentenced) handle it. The latter two, together with the defendants Tian Liang and Zhang Junjie (handled separately), went to the Zhuo Da coal yard and clashed with the security guards in the security room. During this period, Zhao Wenzhong instigated his accomplices to fight, and the defendants Tian Liang, Zhang Junjie and Zhang Wenlu beat the victim Zhao and other six people with weapons. Zhao Guinian insulted the security guard at the scene. Zhao died after being injured, and the other five security guards were injured to varying degrees.

After inspection and appraisal by the Public Security Judicial Appraisal Center of Yuanping City, Shanxi Province, the deceased Zhao Mou died of acute respiratory and circulatory failure due to severe closed craniocerebral injury caused by blunt instrument hitting his head and body surface; Wang, Yue and Lu were slightly injured.

The evidence that the original judgment proves the above facts is as follows:

1, Xie Mou (director of the office of Xinzhou Shenda Zhuo Da Coal Industry Co., Ltd.) reported that on May 20 14, around 14: 25, Ding Jun of the office reported to him that there was a fight between the company's security guards and the villagers in Longyan Village. He and Chen Jianguang, the company's vice president, rushed to the scene and saw several security guards injured, so they arranged to send them.

2.2. The case acceptance registration form, which proves that the Seventh Squadron of Interpol Brigade of Yuanping Public Security Bureau received an alarm from Xie at 6: 30 on May 24, 2065, saying that at 6: 38 on May 24, 2065, the coal yard security guard of Xinzhou Shenda Zhuoda Coal Industry Co., Ltd. stopped the villagers in Longyan Village. Security guard Zhao Mou2 died and the other five security guards were injured to varying degrees.

3. Opinion of forensic corpse examination and appraisal of Shanxi Yuanping Public Security Judicial Appraisal Center (original) Jian (Autopsy) Zi (20 14) No.037 and autopsy photos:

Subjects: Zhao Mou2, male,/kloc-0, born on March 29th, 1990.

The examination of corpse injury is as follows: 1, left frontotemporal subcutaneous hematoma, local contusion of epidermis. 2. There is a contusion in the left temporal region, the range is about 65438 0.5× 2.5 cm. Punctate skin contusion at the left eyebrow arch. 4, left auricle upper helix contusion. 5. Strip contusion area on the lateral side of the left forearm, with a range of about 18×2cm. 6. The right forearm extends to the longitudinal strip contusion area outside the back, and the range is about 12× 1.5cm. There is a longitudinal superficial skin scratch near the right costal dorsum, which is about 5cm long. 8. There is a contusion area outside the left posterior acromioclavicular area, with a range of about 6.5×0.5cm. Punctate skin contusion in the middle and upper segment of the right calf. 10, two punctate skin contusions on the left knee joint. 1 1, hollow soft tissue contusion in front of left thigh, the range is about 14×2cm, and there is a small oblique strip contusion above it, which is about 2.3cm long.

Anatomical examination: the coronal incision of scalp can reveal the muscle congestion under the front forehead. There is congestion in the deep muscle of the left temporal muscle, and there is no fracture in the skull. When the skull is sawed, the dura mater is intact. When the dura mater is taken out, extensive and diffuse hemorrhage in subarachnoid space can be seen. The brain tissue is congested and edema, and the sulcus becomes shallow. When the brain tissue was taken out, no fracture was found at the skull base.

Take the blood sample of the deceased for DNA preparation.

Analysis and explanation:

(1) According to the autopsy, Zhao had left frontotemporal contusion, left temporal muscle congestion and subarachnoid hemorrhage. Brain tissue congestion, edema, severe closed craniocerebral injury. It is considered that acute respiratory and circulatory failure caused by severe closed craniocerebral injury is the cause of death.

(2) According to the autopsy, the head contusion and body surface contusion of Zhao Mou2 were blunt injuries, and the pickaxe handle mentioned in the power of attorney provided by the case handling unit could form such injuries.

Inspection opinion: Zhao Mou2 died of acute respiratory and circulatory failure due to severe closed craniocerebral injury caused by blunt instrument impact on his head, face and body surface.

4. The Opinions on Forensic Appraisal of Human Injury Degree (Gong (Yuan) Shang (Huo) Zi (20 14) No.70-74) issued by Shanxi Yuanping Public Security Judicial Appraisal Center about the injuries of Lu Mou, Qiao Mou, Yue Mou, Wang Mou and Li Mou, which proved that the injuries of Lu Mou, Yue Mou and Wang Mou were minor injuries of Grade II. Both Joe and Li are seriously injured.

5. The on-site inspection records confirmed the on-site investigation. Abstract: The site is located in the coal yard of Shenda Zhuo Da Coal Industry Co., Ltd., Longyan Village, Changlianggou, Yuanping City. The coal yard is located in the south of Longyan Village, surrounded by barbed wire, and there is a simple houses (battle center site) built with colored steel tiles in the southwest corner of the coal yard. The house is 3.3 meters long, 2.6 meters wide and 3.5 meters high, and it has been distorted. The south wall is separated from the ground, some walls of the west wall and the east wall are separated from the ground, and the security door is separated from the door frame of the south wall, with many marks of being smashed. The front window glass was completely broken, and the rear window glass was smashed into an irregular hole with a diameter of 25 cm. There is a high and low bed in the simple room, which is distorted and partially falls off. The ground is littered with glass fragments, beer bottles, kettles and kettle bile fragments. There are first-class injected blood stains at the corner of the west wall and south wall in the house (photo extraction), a touch of blood stains on the north side of the east wall (photo extraction), a little blood stains on the west side of the south wall door frame (photo extraction), and wooden strips on the ground below the south wall door frame (photo extraction).

At the same time, it is recorded that the northeast corner of the coal yard is 200 meters away from the simple house, and there are four pound houses in the coal yard, all of which are damaged to varying degrees. The monitoring probe of the coal yard is damaged, and the monitoring computer host of the weighing room cannot be found. Two and a half sticks were extracted from the scene.

Attach a schematic diagram of the site and 39 photos.

6. Victim Li's statement: At about 0: 30 noon on May 20 14, I was on duty at the gate (security room) of the company's coal yard with five other security guards, and a black modern car came (I remember it, but I don't remember it later). Three or four people got off the bus and asked to lift the door pole to Ningwu, but the security guard wouldn't let them. 10 minutes later, Zhao Wenzhong, the head of Longyan Village, drove over with several people. After getting off the bus, Zhao picked up a stone and threw it at the security guard sitting at the door, and picked up a pick from the person who got off the bus behind him and rushed into the security room to fight with the security guard. Zhao's men also rushed in with pickaxes and iron bars, and several people got off the black modern car that came first to fight. We fought them empty-handed, and someone threw stones from outside. Being knocked down on the bed with iron bars and pickaxes, I saw the security guard Zhao Er (the deceased) being beaten by two or three people with iron bars, pickaxes and stones, and Zhao Er was knocked down to the ground. Zhao Wenzhong said, "Fight to the death." They all went up to fight Zhao 2 and Yue, and finally Zhao 2 was beaten to the ground and fainted. We wanted to take Zhao Mou2 to the hospital, but Zhao Wenzhong refused, saying "just kill him". Also with two young students blocked at the door to beat us, see we don't go out, a few of them went out and smashed the glass of a pickup truck in the company and drove away. The black car also went up the hill. We sent Zhao Er to the hospital, where Zhao Er died. At that time, I saw Zhao Wenzhong and two young students beating Zhao Mou 2, and an old man in his fifties was also beating Zhao Mou 2 with a pickaxe. Among them, I saw Zhao Wenzhong and a short-haired young student hitting Zhao 2 on the head. That old man, in his fifties, speaks Mandarin and has gray hair.

Li's three identification transcripts prove that the person in photo 7 (Zhao Guinian) stoned us; The person in photo No.6 (Zhang Wenlu) wore sportswear and rushed into the security room with a pickaxe and was beaten; The person in photo 6 (Zhang Junjie) rushed into the security room with a pickaxe, a stone and a wine bottle and beat him.

7. Victim Joe's statement: After more than ten minutes, Zhao Wenzhong of Longyan Village drove a green cheetah car with several people. After getting off the bus, Zhao Wenzhong picked up a stone and hit us. Then he picked up the pickaxe of the younger generation and rushed into the gate (security room) to hit us. After following him, six or seven men rushed in and beat us with iron bars. I was knocked down, and so were Lu, Wang and Li. I saw Zhao Wenzhong holding a pickaxe at that time. A young man with short hair hit Zhao Er several times on the head with an iron bar. Finally, Zhao Er was knocked to the ground. We want to take Zhao Er to the hospital, but Zhao Wenzhong won't let us. He also said, "Just kill him." Then he punched Zhao Er several times and went out. The young man with an iron bar hit Zhao Er on the head with an iron bar. Zhao Wenzhong came in and hit Zhao Er on the head with a pickaxe. At that time, he saw that Zhao Er had fainted. Later, Zhao Wenzhong and others went out and broke the glass of the unit pickup truck. We sent Zhao 2 to the hospital, and Zhao 2 died. At the same time, it is said that an old man with gray hair also made a phone call with a pickaxe. Others throw stones from the outside into it. The fighting process always lasts more than 20 minutes. The situation before the fight was consistent with Li's statement.

Joe's three identification transcripts prove that the person in the photo 1 1 (Zhao Wenzhong) beat Zhao 2; The person in photo 8 () beat the security guard with an iron bar, and Zhao Wenzhong beat Zhao 2; The man in photo No.4 (Zhang Wenlu) beat the security guard with a pickaxe.

8. The victim Yue stated the process of being beaten by Zhao Wenzhong and others, which proved that Zhao Wenzhong hit Zhao's head with a pickaxe and was injured himself. The battle lasted for more than ten minutes.

Yue's four identification transcripts respectively prove that the person (Zhao Guinian) in photo 10 participated in beating us; The person in photo 6 (Zhao Wenzhong) hit Zhao 2; Photo 12 (Zhang Wenlu) People beat security guards with pickaxes; The person in the photo 1 (Zhang Junjie) was beaten with tools such as pickaxes and iron bars.

9. The victim Wang stated the process of being beaten, proving that Zhao Wenzhong said something like "hit me, kill me, and I will be responsible for killing me", which lasted about 10 minutes. A man in his fifties who got off the SUV is throwing stones at the house outside. (The man is Zhao Guinian)

Wang's two identification transcripts respectively prove that the person (Zhao Wenzhong) in the photo 1 beat Zhao 2; The person in the photo 10 (Zhang Wenlu) was beaten with a pickaxe.

10, the victim Lu stated the beating process, which proved that Zhao Wenzhong came, shouted "Call me, kill me", and said "I will be responsible for killing me" after the beating. It lasts about 20 minutes. A man in his fifties (Zhao Guinian) I didn't see him hit anyone, but he kept scolding us.

Lu's three identification transcripts prove that the person in the photo 1 (Zhao Guinian) is a man in his fifties who got off the off-road vehicle; The person in photo 5 (Zhang Junjie) was beaten with a pickaxe and a wine bottle. The man in photo No.3 (Zhang Wenlu) has a little white hair and was beaten with a pickaxe.

1 1. Witness Xie Mou (office director of Shenda Zhuo Da Coal Industry Co., Ltd.): 20 14 May/4 14: 25, I received an alarm from Ding Jun in the office of the company that there was a fight between the security guard of the company's coal yard and the villagers in Longyan Village. /kloc-called security guard Lu around 0/4: 29, and Lu said it was serious. He drove people down and asked me to wait at the gate of the office area. I asked Chen Jianguang, vice president of the company, to open the door. Later, I saw Lu driving a pickup truck to the door. I saw six security guards covered in blood, so I ordered Lu to be sent to the hospital of Xuangang Mining Bureau. I took the money and went to the hospital to arrange treatment. Among them, security guard Zhao died after being rescued. According to the company's regulations, if an external vehicle wants to enter the company's mining area through the past, it must be approved by the mine leader, otherwise it will not be allowed. After arranging the injured in the hospital, they sent someone to the scene to bring the monitoring equipment back to the company for safekeeping. When they arrived at the scene, they found that the monitoring equipment had been destroyed by the villagers and moved away.

12, witness Li 1 (deputy head of Longyan Village): 20 14 At noon on May/4, I was asked to go to Zhuo Da Coal Mine to load several cars of coal. After loading, I returned to Longyan Village with Zhao Mou 3 and Ma Mou, and when I walked to the gate near 14, I saw it. I went back to the banquet in the village. When I was in the middle of eating, I saw Zhao Wenzhong, the village head, coming back with blood all over his face, saying that he had been beaten by the security guards in the mine. Everyone who attended the party at that time went to the coal yard. After dinner, I went to the coal yard to see that the color steel house was knocked down, and the glass of the pound house not far away was broken, and the contents were thrown outside.

13, witness Li Mou2 (secretary of Longyan Village): 20 14 At noon on May 1 4, our village Zhao Mou1married his son's daughter-in-law and set up 20 tables in the courtyard of the village committee. At about two o'clock, Zhao Wenzhong and Zhao Guinian came in from the outside. Zhao Wenzhong's face, hands and clothes are covered with blood. Zhao Wenzhong said that the people in the mine beat him and the villagers at the banquet clamored to go to the mine. There are forty or fifty people, and I'm afraid something will happen. When I got to the mine, I reported the situation to the police station and the township government. The villagers smashed simple houses and the glass. I later saw Zhao Wenzhong's hand hurt. Because of the compensation problem, there are contradictions in the mine and the village.

14, witness Zhao 1: 20 14 At noon on May14, he gave a banquet for his son in the village committee compound, and Zhang Taiyuan1s relatives and younger brother came to attend. When they left, the security guard at the coal yard of Zhuo Da Company refused to let them pass, and then a fight broke out. I also heard that coal has stopped.

15, witness Zhao 3, Ma proved that the security guard stopped the black car from passing, and Ma proved that Zhao Wenzhong's hand was broken.

16, witness Zhao 4: 20 14 May 1 4 noon, helping at Zhao's1banquet. After dinner, he sent Zhang 1, Zhang 2 and other relatives from Taiyuan through the company's coal yard and was stopped by security guards. Zhang Er doesn't know who he is calling. After a while, Wen He and the driver arrived at the scene. They entered the security color steel room and heard someone fighting inside. I didn't go in. After a while, I saw Zhao Wenzhong coming out and shouting, "Lift the railing to let relatives in Taiyuan pass". Later, I saw a young man lift the railing and drive away.

17, witness Zhang 1: 20 14 May 14 noon14, my brother, nephew Zhang Mou2 and their son drove a black modern car around Ningwu to Taiyuan after a banquet in Zhao1. During this period, the person (Li 1) who got off a car on the opposite mountain could not negotiate with the security guard. After a while, I saw a car coming from the village. Wen-zhong Zhao got out of the car, lifted a stone and broke the door of the security room. A young man followed, and then the door closed. There is a "ding-Mao" sound inside, and you will know that it is a fight. Another young man took out a pick from the car where Zhao Wenzhong was sitting and handed it in from the window of the security room. Zhao Guinian and Zhao Mou 4 turned out of the security room. Later, I saw Wen coming out of the security room, and two young people who came with him helped him. Wen-Zhao Zhong has a little blood on his forehead. A young man raised the railing and let us go. When fighting, Zhang Er and I got off the bus and didn't pay attention to what they did.

18, witness Zhang 2: Zhao Wenzhong and two young students entered the security room. Zhao didn't take anything when he got off the bus. It seems that the two young students both took crowbars. Zhao Guinian and Zhao Mou 4 are walking outside the security room.

19. Witnesses Qiao Chunwei and Huang Ruicheng at the scene of the inquest: Qiao Chunwei and Huang Ruicheng of Zhuo Da Company accompanied the public security personnel to the scene after the fight that day. It was getting dark, the monitoring pole around the coal yard was broken, the security room was knocked over, and the glass and door of the weighing room were damaged.

20. Confession of Zhao Wenzhong, an accomplice: 14 At about two o'clock in the afternoon of May, when I was attending my uncle's banquet in Longyan Village, my fourth uncle told me that some relatives in Taiyuan were stopped while passing by the coal yard of Zhuo Da Company. Let me have a look. In the morning, when I saw Zhuo Da Company pulling coal to stop it, I drove my black Cheetah SUV to the coal yard of Zhuo Da Company with a friend of Tian Liang, fourth uncle Zhao Guinian and Tian Liang. I was angry to see my relatives' black car stopped by the security guard in front of the coal yard. I am the village head, and my relatives won't let me go. Feeling humiliated, I went over and pulled a security guard out. If the security guards don't come out, I will scold them. I was a little excited because I drank wine at noon. Several security guards next to me saw me drag the security guard out, so they came together to knock me down and hit me on the head with a wine bottle. At this moment, Tian Liang and Jun Xiao pushed away the security guards who were pressing on me. I stood up and felt very painful. Tian Liang and Xiaojun were beating the security guards with pickaxes and iron bars, so I said to several people around me, "Wow!" . I was in a daze. I picked up a bottle from the ground and threw it at the security guard, but it didn't stop. Later, the fight was so fierce that I wouldn't let Tian Liang and Xiaojun fight, but they reacted quickly, and I couldn't stop them, so I went back to the village.

I saw Tian Liang with a pickaxe and "Xiao Jun" fighting each other with iron bars.

2 1. Confession of Zhao Guinian, an accomplice: At about 2 noon on May 20 14, I helped at the activity site of Zhao 1 in our village, and an afterlife told me that several of my relatives were stopped at the security booth of the company's coal yard. I told the village chief Zhao Wenzhong about this situation and wanted him to clarify it. Wen listened and asked his driver to drive an off-road vehicle to pull me to the coal yard. Wen sat next to his driver, and Wen and I sat behind him. After arriving at the coal yard, Wen negotiated with the security guard. I don't know how to make a noisy push. I saw three or four security guards push Wen to the ground at the gate of the security booth, and then beat Wen's security guards with pickaxes with the driver of my car and the young man next to him. After they turned on the security guard, I hurried over to help Zhao Wenzhong up and pull him out. I saw a young man beating a security guard with a pickaxe. There was blood on the pickaxe handle, so I took it away from him for fear of killing people.

22. Zhang Wenlu, an accomplice, confessed that in April of the 20th/10th/4th lunar month (I can't remember the exact date), someone was killed in a fight in Longyan Village, Lianggou Town, Yuanping City, and I was at the scene. On that day, my third cousin Zhao 1 held a wedding reception for his son in XX Town, Yuanping City, and I, my brother Zhang 1, my nephew Zhang 2 and Zhang 2. By about 2 pm, the four of us were going back to Taiyuan after dinner. At that time, Zhao Mou 4 of Longyan Village was asked to send us to the intersection on the other side of the mountain. At that time, my younger brother Zhang 1 was driving a modern Sonata car with the license plate number of ×××××, and Zhang 1, Zhang 2, Zhang 2' s son Zhao 4 and I were sitting on it. When I walked near the intersection, I passed a simple house with a pickup truck parked inside, and the road was blocked by a railing. Then Zhao 4 got off the bus and went to the railing and said to the people in the house, "Lift the railing." Five or six people came out of the room and said it was not allowed here. I saw Zhao drunk and couldn't speak clearly, so I got off the bus and said to the people who came out of the house, "I am a relative of this Longyan village head." I'm here for the wedding, and I'm on my way to Ningwu. Let's bend the rules and let us pass. " A few people on the other side won't let us through. At this time, a van came across and two people got off. One of them even greeted me and called me Uncle (I can't remember who it is now). I told them about this situation, and they went into the house and talked to each other. After a while, they came out and said to the people in the room, "Lift up the pole of your, and we will go back to the village for dinner." The other side raised the pole and they drove back to the village. The other party has never let us pass. Later, I saw an SUV coming from Longyan village. Wen-zhong zhao got off and went into the simple room. Walking to the front of the house, I saw Zhao Guinian turning from the back of the house with a stick. I quickly grabbed the stick from him and threw it away. I saw Zhao Wenzhong standing in the room from the window with blood on his head. I hurried in. I want to go in and help. I want to pull Zhao Wenzhong out so as not to be broken.

When I went in, I saw a tall man and Wen crowded together. Afraid of being hit by Wen, I hugged the tall man from behind, and then I saw Wen hitting the man.

A slap in the face. I just went in to pull the frame. After pulling Zhao Wenzhong, we drove away. I was wearing khaki casual clothes, blue sweatpants and feet.

Wear sneakers.

Zhang Junjie, an accomplice, confessed that he started working for Zhao Wenzhong from 2065438 to March 2004.

One day in May, drivers from Tian Liang and Zhao Wenzhong and I sent Zhao Wenzhong back to Longyan Village.

Because uncle Zhao Wenzhong's son got married the next day. At noon the next day, I parked my car at the gate of the village Committee to prepare for dinner. Wen and an unknown person got on the bus. Zhao Wenzhong said that some relatives were going back to Ningwu and were stopped by the mine protection team. Let's go up and have a look. We went to the coal yard in the south of Longyan village. When he got to the place, Wen first got off the bus to help the railing, but the people in the mine protection team ignored him. Wen went to the house where the lightning protection team lived and was beaten out as soon as he entered the door. We quickly got off the bus and went into the house, which was also beaten out. Tian Liang and I took out a pickaxe from the car and rushed into the house. I rushed in and hit everyone I saw. I remember a man who was beaten against the corner, kneeling on the ground and holding his head in his hands. I hit him on the head. Zhao Wenzhong, Tian Liang and one of Zhao Wenzhong's relatives all took part in the fight with pickaxes. Later, a member of the lightning protection team died.

24. Defendant Tian Liang confessed: I started working as a driver for Zhao Wenzhong, the head of Longyan Village in Yuanping City from 2065438 to March 2004. One day in May, 20 14, the son of Uncle Zhao Wenzhong, the head of Longyan Village, Yuanping City, got married and gave a banquet in Longyan Village Committee. Xiaojun and I (Zhang Junjie from Duanjiabao Village, Yuanping City, the same age as me) were putting wine there. At the end of noon, the forklift of Zhao Wenzhong Coal Preparation Plant (XX Town, Yuanping City) ran out of oil. Zhao Wenzhong asked Xiaojun (Zhang Junjie) and I to send the oil money to the coal washery, and we went to the coal washery for lunch. Shortly after dinner, Zhao Wenzhong called me and asked Xiaojun (Zhang Junjie) and me to go to Longyan Village. I drove Xiaojun (Zhang Junjie) to Longyan Village Committee. At that time, Zhao Wenzhong and his fourth uncle (Zhao Guinian) stood at the gate of the village committee. After they got on the bus, they pointed to the road and told me to continue walking towards the coal yard in the south of the village.

When they arrived at the coal yard, they got off the bus. Zhao got off the bus and said, "Take two sticks from the car." . Xiaojun (Zhang Junjie) and I took out a pickaxe from the back of the car. Zhao Wenzhong took the pickaxe from me and walked into the simple room next to the coal yard. I quickly followed Xiaojun (Zhang Junjie). Zhao Wenzhong's fourth uncle is picking up stones outside and throwing them into the house. When I entered, Zhao Wenzhong and Xiaojun (Zhang Junjie) were already fighting with pickaxes. At that time, the security guard in the room had thrown bricks, stones and beer bottles at us. I quickly pulled Zhao Wenzhong out. In the process of pulling him, the other party hit me a few times with a beer bottle, and I resisted a few times. When I pulled Zhao Wenzhong out, I saw Zhao Wenzhong's pickaxe fall at my feet, so I took it out. When I pulled Zhao Wenzhong out, I saw that Zhao Wenzhong had been injured and his head was covered with blood. I quickly found a piece of paper to wipe his blood. Zhao Wenzhong stood and said, "Xiao Jun (Zhang Junjie) killed me, and I am responsible for killing me." Then Xiaojun (Zhang Junjie) went in and fought with the security guard again. I saw Xiaojun (Zhang Junjie) hit a security guard kneeling on the ground on the head with some iron bars. Zhao Wenzhong felt a little dizzy after the fight. Let me take him to the hospital. On the way, Zhao Wenzhong said, "This has nothing to do with you two. You don't have to worry about it. You send Xiaojun (Zhang Junjie) out to hide for two days. " Then get off at Longyan village Committee. On the way, Xiaojun (Zhang Junjie) said to me, "This matter has something to do with both of us. If something really happens, we both have to be sentenced. We all escaped. Don't contact our family. " I hid my car in the ditch left by coal mining at the entrance of Mapu Village in Duanjiabao Township, and I ran away.

There were four or five pickaxes and an iron bar in the car. The pickaxe handle is the kind of sheep pickaxe handle sold in the store. One end is thick and the other is thin, more than one meter long. The iron bar is slightly shorter than the pickaxe handle, solid and about 2 cm in diameter. Xiaojun (Zhang Junjie) was holding an iron bar from the beginning, I can't remember exactly, or he was holding an iron bar when he got off the bus. There were five or six security guards fighting with them and not wearing uniforms.

After the fight, Zhao Wenzhong took Xiaojun (Zhang Junjie) and me to the scene again. At this time, we returned to the village banquet. People in the village saw Zhao Wenzhong come back covered in blood and asked what was going on. Knowing what happened, everyone in the village went to the coal yard. Zhao Wenzhong and Xiaojun (Zhang Junjie) and I also drove there. By this time, the security guard had disappeared. I saw the villagers tearing down the simple houses. Zhao Wenzhong said he was dizzy, so we left.

After running, he went to Datong, Taiyuan, Changzhi and other places, and surrendered himself on August 25, 2006.

Only later did I know the cause of the incident. Uncle Wen has several relatives in Taiyuan. They are going back to Taiyuan after a banquet. They don't want to detour because of the long road, but they want to go over the mountain and walk around Ningwu. At that time, the security guard at the coal yard refused to let them pass, and then the conflict broke out. Finally, they called Zhao Wenzhong, and then something happened.

25. Identification record: Defendants Zhao Wenzhong, Zhang Junjie and Zhang Wenlu identified Tian Liang who participated in the fight, and confirmed that the defendant Tian Liang participated in the fight together.

26, Zhuo Da company issued a written statement, the company regulations, safety personnel on duty to prohibit any outsiders and vehicles from entering the mining area, to ensure the safety of the mining area.

27. The household registration certificate of the defendant Tian Liang and the identity certificate of the defendant Tian Liang.

28. Detailed table of the resident population of the victim Zhao Mou2, which proves the identity of the victim Zhao Mou2.

29. Xin Zhongzi Chu, Intermediate People's Court of Xinzhou City, Shanxi Province (20 15)

14 criminal judgment.

30. After the arrest was confirmed, the defendant Tian Liang surrendered himself to the Jingyuan Road Police Station of Yuanping City Public Security Bureau on August 25th, 2006.

The court of first instance held that the defendant Tian Liang and others attacked the security guard with a murder weapon, resulting in one death and three minor injuries, which constituted the crime of intentional injury. Defendants Tian Liang and Zhao Wenzhong committed the same crime, and Zhao Wenzhong rallied them and took an active part in armed fights. After the incident, the defendant Tian Liang voluntarily surrendered himself and truthfully confessed his criminal behavior during the trial, which was voluntary surrender and could be given a lighter or mitigated punishment according to law. In order to maintain social order and protect citizens' right to life and health from illegal infringement, according to the provisions of Article 234, paragraph 2, Article 67, paragraph 1 and Article 25 of the Criminal Law of People's Republic of China (PRC), the defendant Tian Liang was convicted of intentional injury and sentenced to 10 years' imprisonment.

Tian Liang appealed that the original judgment did not fully reflect the circumstances of the appellant's surrender, so the appellant should be regarded as an accessory.

The facts ascertained in the second instance of our court are the same as those in the first instance, and the evidence to prove the above facts was cross-examined by the court of first instance and confirmed by our court.

The court held that

We believe that the appellant Tian Liang and others attacked the security guards with guns, resulting in one death and three minor injuries, which constituted the crime of intentional injury. As for the reasons for the appellant Tian Liang's surrender and accomplice, after investigation, the original judgment found that the appellant surrendered himself and was encouraged by Zhao Wenzhong to take part in a fight, which was considered when sentencing and given a lighter punishment, which was not considered by our court. The original judgment found that the facts were clear, the evidence was true and sufficient, the conviction and applicable law were correct, and the trial procedure was legal. The appellant's appeal has no factual and legal basis, and this court will not support it. In accordance with the provisions of Item (1) of Paragraph 1 of Article 225 of the Criminal Procedure Law of People's Republic of China (PRC), the ruling is as follows:

Judgement result

Reject the appeal and uphold the original judgment.

This is the final verdict.