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According to the notice published at present, it can be learned that the person involved, Gao, has been detained in accordance with the law, and should have committed the crime of intentional injury according to his actions, and will be sentenced to fixed-term imprisonment of less than three years, criminal detention or public surveillance, of course, civil compensation is also essential. This result can be said to have made many netizens applaud, and the phenomenon of workplace bullying is not uncommon, and this incident has certainly caused heated discussions. Today, I will sort out this incident for you.
1. The ins and outs of this incident. The process of the whole thing is very simple and clear, at a dinner party for employees within the company, Gao is a senior manager, and after drinking a few glasses of wine, he began to be very excited, blaming the victim employee and reprimanding the other party's performance for being too poor and not up to standard. The more he talked, the more he casually pressed the unfinished cigarette butt on the victim's face twice, and at the same time said in his mouth:
Does it hurt? It's right to hurt, let you remember it longer". This cruelty caused the victim to suffer a lot of facial trauma and needed to go to a specialized burn unit**.
After the victim called the police, Gao seemed to have sobered up, and began to apologize to the victim and pray for forgiveness and compensation, but the victim sternly refused and insisted on going through the legal process.
2. Gao will be punished for the crime of intentional injury. The crime of intentional injury is a relatively common crime that causes bodily injury to another person and violates the right to health of another person. The conditions for constituting the offence of intentional injury are:
The first is that the offender committed the act of harm and caused some degree of bodily harm, and secondly, the act was intentional and reached the age of criminal responsibility. Back to this incident, the offender Gao was obviously an adult, and burned the victim's face with a cigarette butt twice in a row, clearly intentional, and caused the level of disability. According to the provisions of the Criminal Code, there is nothing wrong with the offence of intentional injury, and the penalty is imprisonment for up to three years, criminal detention and public surveillance.
3. Will the injury caused by alcohol be dealt with lightly? After Gao was arrested, he excused his actions on the grounds that he was drunk at the time, did not know what he was doing, and could not control it. Article 18 of the Penal Code clearly stipulates that the offence of intoxication is also subject to criminal liability.
In the actual judicial ruling, it is generally analyzed whether he was in a state of complete intoxication or slight drunkenness, Gao was not in a state of complete drunkenness at that time, the subjective vile was very serious, and in the case of the victim's refusal to accept understanding and mediation, there is a high probability that he will have to reflect on what he has done in prison, and at the same time, civil compensation cannot escape.
Impulsiveness is the devil, on the one hand, this incident tells us to drink in moderation, and it is self-inflicted to get into prison if you get drunk, on the other hand, you must not bully others in the workplace, and it is wise to talk about things.
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If you are fined, you will be detained, and you will not be able to bring your job to a private matter.
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After on-site investigation, on the evening of February 5, when an energy company in Shaanxi organized an annual meeting for employees, the policeman Liu (an employee of the company) and Gao Mouting (the general manager of the company) had a quarrel over trivial work, and Gao Mouting burned the right side of Liu's face with a cigarette in his hand.
At present, Gao Mouting has been criminally detained in accordance with the law on suspicion of intentional injury, and the case is being handled.
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I think he should be held criminally responsible for intentionally injuring others, because according to the relevant laws and regulations of our country, anyone who intentionally injures others will be sentenced to up to 3 years in prison.
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The person involved is definitely suspected of the crime of intentional injury. Taking someone else's body seriously and making such a shocking move.
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Legal Analysis: It is a crime of intentional injury. A civil lawsuit can be filed for damages; If the injuries are more partial, more serious, and may involve a criminal offense, involving the crime of intentional wounding, you can go to a regular hospital for an injury evaluation, and then conduct criminal proceedings; Either way, it's best to do an injury evaluation and keep it as evidence.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
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It is a crime of intentional injury. A civil lawsuit can be filed for damages; If the injury is more serious and may involve a criminal offense or the crime of intentional wounding, you can go to a regular hospital for an injury appraisal and then conduct a criminal procedure; Either way, it's best to do an injury evaluation and keep it as evidence.
Criminal Law of the People's Republic of China》 Article 234 Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Whoever commits the crime described in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to 10 or more years imprisonment, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
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The temperature at the center of the cigarette butt can reach 800 degrees.
Intentional burns, if the above are minor injuries, it is the crime of intentional injury. to bear criminal responsibility.
My child was burned in the face by a cigarette butt by an older student at the school gate yesterday on purpose.
Do you know which child it is?
I know, my kids saw that six or seven of their students were smoking, and they said they were still smoking, and they came up and burned my kid's face with a cigarette.
How can you determine that it is a minor injury?
I want to go for a disability sign.
The place where the cigarette burns is out of skin.
How old are the seniors?
That's still underage.
After the result of the disability is available, you can claim compensation.
Isn't it a crime to deliberately burn a student's face with a cigarette butt?
count, but 15 years old is a minor, and will be exempt from criminal responsibility.
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