Wang Yingbin is the party branch secretary and village committee director of Beiyinzhang Village, Qianwei Town, Suizhong County, Liaoning Province (now suspended). In March 2021, he was involved in an intentional injury case and became the defendant, accused of beating villager Zhang Moumou , causing Zhang Moumou to have three ribs fractured. However, the examination and appraisal of Zhang's injury were full of twists and turns: Zhang went to the hospital for examination on the day of the incident, but the fracture could not be detected in the initial diagnosis, and the fracture was detected only 13 days after the incident; the first judicial appraisal was recognized by the court of first instance. There were procedural violations, and the re-identification during the retrial caused controversy.
case file materials show that on October 24, 2022, the Suizhong County Court made a first-instance judgment. The court held that the defendant Wang Yingbin intentionally injured Zhang Moumou’s injury appraisal. Because the appraisal procedure did not comply with the regulations, the appraisal opinion was not adopted. , so the evidence in this case is insufficient and the accusations made by the public prosecution agency are unfounded and will not be supported. Wang Yingbin was found not guilty.
However, because the above judgment did not make a judgment on the civil claim of the plaintiff Zhang Moumou in the attached civil lawsuit, the second instance court revoked the judgment on the grounds that "the judgment violated the legal procedures" and remanded the judgment for a new trial.
During the retrial, the public prosecution agency commissioned another appraisal agency to appraise the victim’s injuries. The inspection materials used by this agency during the appraisal were not original data, but CT images that were copied from the computer by the staff of the first appraisal agency using their mobile phones. Wang Yingbin’s defense lawyer believes that the "Implementation Standards for Forensic Clinical Imaging Testing" stipulates that imaging data refers to image data obtained through medical imaging testing, including printed picture forms (such as film and printing paper, etc.) and various electronic storage Digital files with media as carriers (such as optical discs, USB disks, cloud media, etc.) do not include photos copied from computers using mobile phones. Based on this, he put forward defense opinions such as "the source of the inspection materials is illegal and does not fall within the scope of inspection materials according to the appraisal standards". He believed that the appraisal opinions were illegal and should not be used as the basis for finalizing the case according to law. However, the court did not accept this opinion.
On November 9, 2023, the Suizhong County Court made a retrial judgment of the first instance: the defendant Wang Yingbin was guilty of intentional injury and sentenced to eleven months in prison; the defendant Wang Yingbin compensated the plaintiff Zhang Moumou in the attached civil lawsuit for economic losses of 22,534.18 yuan. Wang Yingbin refused to accept the verdict and filed an appeal. The second trial will be held on March 5.
The village party secretary was accused of beating a villager
At around 15:00 on March 17, 2021, Wang Yingbin met villager Zhang Moumou near the Huogou River Swamp in Yinzhang Village.
Wang Yingbin said that he parked his car on the road and got out to see if there were any fish in the water next to him. At this time, Zhang Moumou drove from the opposite direction and stopped opposite Wang Yingbin's car. When Wang Yingbin got into the car and was about to move the car to give way, Zhang Moumou got out of the car. The two have different opinions about what happened after
. Wang Yingbin said that Zhang Moumou was driving drunk and fell on the stone wall on the roadside when he got out of the car. He asked Zhang Moumou why he drank so much during the fire prevention period as a forest ranger, and then helped Zhang Moumou up, but Zhang Moumou After he got up, he knocked him down and hit his arm with a stone.
Zhang Moumou said that he asked Wang Yingbin for tap water subsidy money, but Wang Yingbin said no, and then he scolded Wang Yingbin. The two had a conflict, and Wang Yingbin hit him with fists and stones.
Also present were the wives of Zhang and Wang, whose testimonies were both favorable to their husbands. Villager Wang 1 arrived later. He said that there was no physical conflict between the two when he was present. He only saw a red mark on Zhang's neck, but he did not know how it was caused.
Villager Wang 2 claimed that he was in the car about 200 meters away from the scene and saw two people fighting. He couldn't see clearly why they were fighting. Later, when he got closer, he saw that it was Wang Yingbin and Zhang 2 fighting. However, a surveillance video provided by Wang Yingbin showed that Wang 2 was in another place when the incident occurred and could not see the scene.
On the day of the incident, Zhang went to the Second Hospital of Suizhong County for examination and was hospitalized. The testimony of his attending doctor showed that due to limited medical equipment and medical skills, after Zhang was admitted to the hospital for a full-body examination on March 17, 2021, the initial diagnosis did not mention that Zhang had fractures in the 4th, 5th, and 6th ribs on his left side.
Zhang Moumou was diagnosed with a fracture on March 30, 2021. He went to Suizhong County Hospital for a CT examination and found that the 4th, 5th, and 6th ribs on the left side were fractured.After that, on April 14, Zhang Moumou went to Shanhaiguan People's Hospital for examination, and it was again confirmed that the 4th, 5th, and 6th ribs on the left side were fractured.
On the day of the incident, March 17, 2021, Zhang Moumou’s wife called the police, and the Qianwei Town Police Station in Suizhong County accepted the call. Entrusted by the Qianwei Town Police Station, on May 14, 2021, the Forensic Appraisal Center of China Medical University issued a judicial appraisal opinion, concluding that the fractures of Zhang's 4th, 5th, and 6th ribs on the left side were fresh fractures, and the degree of injury was minor injury II. class.
The judicial expert opinion cited in the first-instance judgment of the retrial.
On May 18, 2021, the Suizhong County Public Security Bureau decided to open an investigation into the beating case of Zhang Moumou. On August 18 of the same year, Wang Yingbin was suspended. One month later, on September 18, Wang Yingbin was detained.
The first-instance judgment appraisal procedure was not in compliance
On December 1, 2021, the Suizhong County Procuratorate filed a public prosecution in the Suizhong County Court for the crime of intentional injury against the defendant Wang Yingbin. The victim Zhang Moumou filed an incidental civil lawsuit, requesting the court to order the defendant Wang Yingbin to compensate him for various economic losses of RMB 120,000.
It was not until October 24, 2022 that the Suizhong County Court made the first-instance judgment. Before the verdict, on August 17, 2022, the Suizhong County Court had released Wang Yingbin on bail pending trial, and he had been detained for eleven months.
The first-instance verdict shows that the Suizhong County People's Procuratorate accused that at about 15:00 on March 17, 2021, the defendant Wang Yingbin and the victim Zhang Moumou had an incident near the Huogou River Swamp in Beiyinzhang Village, Qianwei Town, Suizhong County due to trivial matters. Disputes lead to fights. During the fight, Wang Yingbin injured Zhang Moumou. It was identified that Zhang's 4th, 5th, and 6th rib fractures on the left side were fresh fractures, and his physical injury was minor injury level II. The public prosecution organ believes that the defendant Wang Yingbin intentionally and illegally harmed the health of others and caused minor injuries, and he should be held criminally responsible for the crime of intentional injury.
Defendant Wang Yingbin objected to the accusations made by the public prosecution agency, saying that he did not beat Zhang, but that Zhang drank too much and threw himself against the wall. The defense opinion of his defender is that the appraisal institution illegally collected the victim’s appraisal fees and illegally collected the victim’s property, which violated the provisions of the Criminal Procedure Law on recusal. The appraisal opinion cannot be used as the basis for finalizing the case.
The Suizhong County Court found that at around 15:00 on March 17, 2021, the defendant Wang Yingbin and Zhang Moumou had a dispute over trivial matters and got into a fight.
However, the court believed that the defendant Wang Yingbin intentionally injured Zhang Moumou’s injury appraisal. Because the appraisal procedure did not meet the regulations, the appraisal opinion was not accepted. Therefore, the evidence in the case was insufficient, and the prosecution’s accusation was not established and would not be supported. The court shall adopt the defense opinions put forward by the defender.
After research and decision by the Suizhong County Court Trial Committee, in accordance with the provisions of Article 195 (3) of the Criminal Procedure Law, the defendant Wang Yingbin was found not guilty.
The first instance verdict was not guilty.
After the verdict of the first instance was announced, the procuratorate filed a protest, and the plaintiff Zhang Moumou, who was attached to the first instance civil lawsuit, also filed an appeal. On March 21, 2023, the Huludao City Intermediate People's Court issued the "(2022) Liao 14 Xingzhong No. 220" criminal incidental civil ruling, revoking the original judgment on the grounds that it violated the legal procedures and remanded it to Suizhong County. The court set a new trial.
The reason why the Huludao City Intermediate Court made this ruling is that the original first-instance judgment did not make a judgment on the claim of the plaintiff Zhang Moumou in the attached civil lawsuit.
The second appraisal used photos reproduced by the primary appraisal staff.
During the retrial, the public prosecution commissioned the Tianjin Jinshi Judicial Identification Center to reassess Zhang’s injuries. The conclusion was still that the 4th, 5th, and 6th ribs on Zhang’s left side were still there. Fracture, the degree of injury is minor injury level two. The public prosecutor's office believed that Wang Yingbin's behavior constituted the crime of intentional injury and Zhang should be compensated for various economic losses.
The defendant Wang Yingbin still insisted that he was innocent and that the injuries suffered by Zhang Moumou were caused by his own fall.
Wang Yingbin’s defense lawyer also defended his innocence. The lawyer pointed out that there was no evidence to prove the facts of the charges in this case, no evidence to prove that Wang Yingbin had physical contact with Zhang XX, no evidence to prove that Zhang XX suffered a fracture on the day of the incident, and no evidence It is proved that Zhang Moumou's injuries were caused by Wang Yingbin. This case obviously does not meet the requirements of a criminal case for clear facts, reliable and sufficient evidence, and the conviction standard of eliminating all reasonable doubts. Wang Yingbin does not constitute the crime charged.
In addition, Wang Yingbin’s defense lawyer believes that the appraisal opinion issued by the Tianjin Jinshi Judicial Appraisal Center is illegal and cannot be used as the basis for finalizing the case according to law.
The case file materials show that the Qianwei Town Police Station, the agency handling the case, issued a statement saying that the Judicial Identification Center of China Medical University, which issued the identification opinion for the first time, retrieved the original data of Zhang Moumou’s CT scan from the Second Hospital of Suizhong County. The CT equipment of the Second Hospital is old and cannot convert the data into dicom format. Therefore, appraisers from the appraisal center were hired to come to the Second Hospital of Suizhong County to review Zhang Moumou’s CT film on March 17, 2021. During the review process, the police recorded the entire process with law enforcement cameras Video.
When the Tianjin Jinshi Forensic Identification Center evaluated Zhang Moumou’s injury, it did not check the original data of Zhang Moumou’s CT film on March 17, 2021. It looked at the computer data obtained by the personnel of the Forensic Identification Center of China Medical University. Reposted photos.
The "Implementation Standards for Forensic Clinical Imaging Examination" (sf/t 0112-2021) clearly stipulates that imaging data refers to image data obtained through medical imaging examination, including printed picture forms (such as film and printing paper, etc.) Digital files carried by various electronic storage media (such as optical disks, USB disks and cloud media, etc.). The basic requirements for imaging data are that forensic clinical imaging data should have high image quality, ensure sufficient imaging clarity, and fully display different tissues and structures, including the imaging characteristics of the differences between normal tissue and damaged (lesioned) tissue. . The identification rules for traumatic rib fractures include that CT reconstructed images should be identified for artifacts caused by human, technical or equipment factors.
Therefore, Wang Yingbin’s defense lawyer proposed that the judicial appraisal opinion issued by the Tianjin Jinshi Forensic Appraisal Center contains illegal sources of inspection materials and does not fall within the scope of inspection materials. Its authenticity cannot be verified, and the extraction of the subject is illegal and the inspection materials are illegal. Contaminated, misleading, etc. opinions. "The first appraisal was considered to have violated the procedures. How can the second appraisal use the photos taken by the appraiser on the mobile phone during the first appraisal?"
Resentment to eleven months in prison
November 9, 2023, Suizhong County The court issued a retrial judgment on Wang Yingbin's intentional injury case.
The verdict shows that the court found that at about 15:00 on March 17, 2021, near the Xiahogou River depression in Beiyinzhang Village, Qianwei Town, Suizhong County, the defendant Wang Yingbin met the victim Zhang Moumou, and the two chatted. During the process, the victim Zhang scolded the defendant Wang Yingbin, and the two got into a fight. During the fight, the defendant Wang Yingbin injured the victim Zhang. According to the identification of the Tianjin Jinshi Judicial Identification Center, the victim Zhang's 4th, 5th, and 6th ribs were fractured. The characteristics are consistent with the injury mechanism caused by a direct, relatively protruding blunt object hitting the fracture. The extent of the injury It was a minor injury of the second degree.
The first retrial resulted in a guilty verdict.
The Suizhong County Court held that the defendant Wang Yingbin intentionally harmed the body of others and caused minor injuries, and his behavior constituted the crime of intentional injury. The prosecution found the charges and supported them.
Defendant Wang Yingbin argued that Zhang Moumou was injured due to his fall. The Suizhong County Court believed that the testimonies of relevant witnesses and police records were sufficient to prove the fact that the two were fighting. Later, the victim Zhang went to the Second Hospital of Suizhong County for treatment, and medical records recorded that the victim had multiple injuries on his body. Combined with the evidence in the case, it is sufficient to prove that the defendant Wang Yingbin caused physical injuries to the victim Zhang Moumou. Moreover, judging from the medical records, the victim's face, both sides of the neck, chest and back were all injured. The victim's fall could not have caused the injuries, so the defendant's defense was not acceptable.
Regarding the defender’s argument that the appraisal opinions issued by Tianjin Jinshi Judicial Appraisal Center came from illegal sources and did not fall within the scope of appraisal materials according to appraisal standards. The Suizhong County Court held that although some of the examination materials involved in the case were obtained by the public security organs from the original appraisal officer Zheng, this part was also taken by Zheng from the original CT imaging data of Zhang from the Second Hospital of Suizhong County. The entire process was recorded by the law enforcement recorder of the public security agency, and the Second Hospital of Suizhong County issued a certificate confirming that upon verification by the hospital, it was found that the seven photos retrieved were converted photos of Zhang Moumou's hospitalization on March 17, 2021. .
Therefore, the Suizhong County Court held that the appraisal initiation procedure and the entrusting subject did not violate legal provisions, the subject of the inspection material extraction was qualified, the source was legal, and met the appraisal requirements, the appraisal agency and the appraiser had legal qualifications, the appraisal opinion form requirements were complete, and the appraisal The procedures complied with legal provisions, the appraisal process and methods met regulatory requirements, and the appraisal opinions were clear and should be accepted.
In the end, the Suizhong County Court ruled that Wang Yingbin was guilty of intentional injury and was sentenced to 11 months in prison and compensated the plaintiff Zhang Moumou in the attached civil lawsuit for economic losses of RMB 22,534.18. Wang Yingbin’s sentence will start from September 18, 2021, when he was detained, and will end on August 17, 2022, when he was released on bail pending trial.
However, Wang Yingbin did not plead guilty and accepted the verdict of "actual reimbursement". He has appealed to the Huludao Intermediate People's Court, and the second retrial will be held on March 5.
