People's Procuratorate of Qingyang County, Anhui Province
Non prosecution decision
QJXBS [2020] No. 31
The non indicted person Zhu Mouyi, male, born on * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *.
Cause of action Qingyang County Public Security Bureau Investigation ended and Zhu Moujia, Qian Moumou and Zhu Mouyi were suspected Crime of intentional injury , on August 7, 2020 Transfer to our court for trial Investigation and prosecution.
The Court has examined and found that:
At about 7:00 on November 4, 2019, Zhu and Jiang Shuangfeng had a dispute over trivial matters. Later, Qian (Zhu's mother) rushed to the scene to continue the dispute with Jiang Shuangfeng. In the process, Jiang Shuangfeng held the mosquito killer in his hand and sprayed it on Zhu's face. Zhu pushed Jiang Shuangfeng to the ground, and pressed his hand on Jiang Shuangfeng's chest. Qian pressed Jiang Shuangfeng's legs and waist with his legs. The two men and Jiang Shuangfeng pulled and beat each other. At the same time, Jiang Shuangfeng's husband Zhu C and her daughter rushed to the scene, and Zhu A, Zhu B and Zhu C fought each other. Later, Jiang Shuangfeng took the water bottle on the table and threw it at everyone. Zhu Mouyi pushed Jiang Shuangfeng on the right chest, hit Jiang Shuangfeng on the left shoulder with his fist, and kicked Jiang Shuangfeng on the waist.
It is identified that Jiang Shuangfeng's chest injury belongs to Grade II minor injury and head injury belongs to minor injury.
After the incident, Zhu Moujia, Qian Moumou and Zhu Mouyi took the initiative to come to the case and reached a settlement agreement with Jiang Shuangfeng to gain understanding.
The Court believes that , the respondent Zhu Mouyi implemented the Criminal Law of the People's Republic of China Paragraph 1 of Article 234 Prescribed acts, but the circumstances of the crime are minor and there are circumstances of voluntary surrender, and they reach a reconciliation agreement with the victim to gain understanding and voluntarily plead guilty to punishment, In accordance with Article 37 of the Criminal Law of the People's Republic of China and Paragraph 2 of Article 177 of the Criminal Procedure Law of the People's Republic of China, it was decided not to prosecute Zhu 。
If the person who is not prosecuted does not accept this decision, he may appeal to this court within seven days after receiving this decision.
If the victim refuses to accept this decision, he may appeal to the Chizhou People's Procuratorate for public prosecution within seven days after receiving this decision; They may also directly file a lawsuit with the People's Court of Qingyang County without appealing.
Qingyang County People's Procuratorate
October 28, 2020