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Feb 14, 2010
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[Mar 29, 2011 at 01:26 AM]
Survey: What do you think the boss does not save the drowning death Reservoir fish were suspended for stealing, Panpei 25 million?
, Luoding Tan Weiqin City People's Court sentenced the defendant guilty of negligence causing death verdicts were the case, Tan Weiqin sentenced to three years imprisonment, suspended for three years, and with civil compensation to the families of the deceased's loss of more than 250,000 yuan of compensation.
8 23, accused Tan Weiqin dissatisfied, Yunfu City Intermediate People's Court to appeal.
caused local villagers struggle to steal fish
2009 年 1 month, owner of Luoding Rochester streets with a partner contracted Tanwei Qin Si Enemy Town hole reservoir. Contract since the reservoir side of the town occupied by the enemy Si Ping Village, villagers used to come to steal some of the fish stolen shrimp.
2009 年 11 月 30 pm 3 am, Tanwei Qin Chen Yanqiu driving motor boats and the staff in the inspection of the reservoir, found fertile village Wei Huang, 38, 21, and 60-year-old Shen Lai Feilong Fuguang stealing fish,
, so the two sides in conflict. The three fell into the water to steal the fish, Huang Wei and Lai Feilong Wal They were drowned by bad water.
each other neglecting the responsible
Luoding City Public Security Bureau on December 1, 2009 on file for investigation, the same day, Tan Weiqin, Chen Yanqiu was detained Dec. 15 Tan Weiqin been arrested. And Chen Yanqiu Luoding City Procuratorate was insufficient evidence to release. January 28, 2010, Luoding City Public Security Bureau to Tan Weiqin negligence causing death in connection transferred to the Procuratorate. March 5, (...) , Luoding Luoding City People's Procuratorate to the people's court of criminal prosecution.
Wal-Wei Huang, Lai Feilong two people to the families Luoding court The plaintiffs and their attorney asked: Huang, Lai's drowning death is Tanwei Qin, (...) , Chen Yanqiu caused by, and nothing about them.
defendant constituted negligence causing death
Luoding City Court found that Tan Weiqin the two sides during the fighting, looting, armed with drag victims Lai Feilong To the other side of the bamboo pole and overturned in the reservoir falls victim, the victim falling water, Tan Weiqin should take on a legal obligation to rescue the victims, but Tan did not take any relief measures, resulting in the victim Laifei Long, Huang Wei Wo final result Debu to rescue the drowning death.
Luoding City Court accordingly finds that the defendant dragged the victim Tan Weiqin previously robbed the other hand the bamboo vessel capsized and caused the behavior of drowning victims, and victims Laifei Long, Huang Wei Wo drowning of a causal relationship, the actions constituted negligence causing death.
Tan Weiqin criminal act because the defendant has caused economic losses relatives of victims, the court found the defendant Tan Weiqin incidental civil action against the resulting economic losses to the plaintiff bear 60% of the civil liability, the victim Laifei Long, Wal-Wei Huang also exists for the occurrence of cases of fault, should bear 40% of the civil liability. Thus ruling by the defendant Tan Weiqin 138,172.23 yuan, respectively, and the 117, (...) ,827.45 yuan compensation to the victims Laifei Long, Huang Wei Wo's family. In addition,
, the court rejected the plaintiff's civil action with other claims.
self-defense does not constitute a crime
this, the defendant and his counsel, with the other co-defendants did not use stone, bamboo, wood board to rally, but was helpless to resist it the other attacks. The defendant did not grab Laifei Long bamboo poles and haul that may cause the other side of the boat crashed into their boat. Steel vessels and found no traces of collision.
In addition, for legitimate defensive actions, the defendant does not exist relief against a party obligations. And the defendant does not have the rescue conditions. The defendant's acts do not constitute a crime, he and Lai Feilong, the death of Huang Wei Wo no causal relationship between the law and should not be liable for civil compensation.
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