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Law

Three audio-visual materials to restore the truth of the case

2023-06-16   

Late at night, a dispute arose over how to pay the 12 yuan taxi fare, and taxi drivers were also beaten up for it. Is this intentional harm or provocation? Faced with the lack of key evidence, prosecutors guide public security organs to conduct supplementary investigations and ultimately accurately determine the nature of the case. After being prosecuted by the People's Procuratorate of Liangxi District, Wuxi City, Jiangsu Province, the court recently sentenced the defendant Guo Mou to three years and four months of fixed-term imprisonment with a fine of 10000 yuan and paid more than 100000 yuan in total to the plaintiff's medical expenses and work delay fees in the incidental civil action for the crime of causing trouble and helping the information network to commit crimes. On September 15, 2022, at 3am, 57 year old taxi driver Gao Shifu began his new day of earning money to support his family. Shortly after getting on the bus, Master Gao received the first business on the Ridesharing company platform. After successfully arriving at the destination, upon seeing the other party about to open the door and get off, Master Gao reminded him, "That's a total of 12 yuan. Can you pay in the car?" "Do you think I don't have money?" Upon hearing this sentence, passenger Guo became furious and slapped Master Gao in the face, followed by a series of beatings and insults. Faced with Guo, who was young and strong, the skinny master Gao had no strength to fight back and could only keep pleading. He attempted to report to the police several times and sought help from passersby, but was blocked by Guo, followed by even more severe beatings. According to Master Gao's description, he didn't know how long he had been beaten at the time, only remembered that the other party kicked him in the head with the last kick and then left. Master Gao lay on the ground for a long time before shaking up and asking passersby to help report to the police. Subsequently, the public security organ found Mr. Guo according to the transaction records of the Ridesharing company platform. Upon investigation, at the time of the incident, Guo was under residential surveillance on suspicion of aiding information network criminal activities. On December 23, 2022, the Liangxi District Procuratorate made a decision to approve the arrest of Guo. Fuzzy case details On February 17 this year, the public security organ transferred the case to the Liangxi District Procuratorate for investigation and prosecution with Guo suspected of intentional Assault and helping information network criminal activities. The on-site situation reflected in the transcript materials is mainly characterized by stalemate, with occasional actions taken. Generally speaking, one or both parties will report to the police after a conflict occurs, but this case lasted for more than 40 minutes from one party to the end, which is not in line with common sense. "Wang Nan, the prosecutor in charge of the court, felt that there was something fishy about this case. Initially, this case was an ordinary injury case caused by occasional conflicts and disputes, but after careful examination of the documents, it was found that, Many details of the case still need to be further investigated. With doubts in mind, Wang Nan guided the investigators to carry out supplementary investigation work, retrieve road monitoring and witness testimony at the time of the incident. By viewing the road surveillance video, Wang Nan found that Guo used kicking, boxing, and other methods to beat Master Gao inside and outside the car, and repeatedly grabbed his phone to prevent Master Gao from reporting to the police and seeking help, which is not consistent with the on-site situation reflected in the recorded materials. After reviewing the records frame by frame, the prosecutor found that at the time of the incident, Guo punched Master Gao with more than 30 punches and kicked more than 80 feet, and Master Gao never retaliated. After identification, Master Gao's injury constitutes a minor injury level one. The prosecutor guided the public security organs to retrieve Master Gao's medical record materials and compared them with the injury appraisal opinions.

Edit:Ying Ying Responsible editor:Shen Chen

Source:jcrb.com

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