Chapter 208: On-the-spot punishment, fifteen years in prison(1/5)
And the sentencing of illegal detention...
If the circumstances are average, they will be sentenced to fixed-term imprisonment of less than three years or detention.
If the circumstances are serious, it will be more than three years or less than ten years.
Judicial interpretation.
Someone needs to be seriously injured or killed to cause serious circumstances.
so.
The man with a knife will likely be sentenced to about three years in prison.
"Third, you have intimidated, threatened, and insulted medical staff many times, and also constituted the crime of insult."
Qin Mu looked at the man holding the knife and then analyzed.
Article 246 of the Criminal Law: If a person openly insults others by violence or other means or fabricates facts to slander others, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, detention, control or deprivation of political rights.
original.
General insults, abuse and other behaviors do not constitute insults.
It is really normal for ordinary quarrels to argue.
But the man with a knife...
In public, public insults are directly raised to the nature of the incident by a higher level.
"Blatant" is an important basis for conviction of insults.
This incident.
It occurs in the hospital lobby and belongs to a public place.
With the addition of people joining in the fun, there are hundreds of people in total.
With multiple people "witnessing", the man with a knife repeatedly verbal attacks on the hospital and insults the doctor.
All are enough to constitute an insult.
but……
The crime of insult is a private prosecution case.
Only handle what you tell.
If the hospital and the doctor feel that this is not an insult and fail to raise it, it will not constitute this crime.
"Fourth, the knife in your hand... is bigger than an ordinary fruit knife, and it should be a controlled tool."
Having said that.
Qin Mu pointed to the knife in the hand of the man holding the knife and said calmly: "Holding a controlled knives and entering public places constitutes the crime of illegally carrying firearms, ammunition, controlled knives, and dangerous items that endanger public safety."
This crime...
In fact, it is a crime of endangering public safety through dangerous methods.
The delivery guy he once met was in because of this sin.
It’s just that the delivery guy is spitting.
The man holding the knife is because of his armed weapons.
The Criminal Law stipulates that if a person illegally carries firearms, ammunition, controlled knives or explosive, radioactive, toxic or corrosive items into a medical institution and commits acts endangering public safety, it constitutes this crime.
This crime is a crime of conduct.
That is, there are no serious consequences.
As long as the act exists, it constitutes the crime.
Even if the man with a knife did not commit a crime, the crime still constituted the crime if he entered the trouble with a knife.
According to the Criminal Law, if the circumstances are average, they will be sentenced to fixed-term imprisonment of not more than three years or detention.
but……
This young man who defended his rights held this knife and fought against security guards many times in public places.
Threat medical staff and others.
It is a serious situation.
He will be sentenced to fixed-term imprisonment of more than three years and less than ten years.
Based on the current casualties, it can reach at least six years in prison.
"Fifth, you request a refund several times and ask for property. If you have no negligence or fault in the treatment process of the hospital after investigation, you will also be responsible for extortion."
In the hospital hall.
Qin Mu's voice then rang.
In front of the man with a knife and everyone, the crime of extortion was analyzed.
"The crime of extortion refers to the act of forcibly demanding property by threatening and forcing the victim to forcefully demanding property for the purpose of illegal possession."
"What you asked for this time was 20,000 yuan, and the amount was a large amount. You will be sentenced to fixed-term imprisonment of less than three years or detention."
Sentencing for extortion…
It mainly depends on the amount.
More than 30,000 yuan is a huge amount and will be sentenced to more than three years and less than ten years of imprisonment.
Those who have more than 300,000 yuan will be sentenced to more than ten years in prison.
"So, in summary, if all five charges are constituted, you will be sentenced to about fifteen years in prison."
at last.
Qin Mu looked at the knife-holding man who was constantly sweating, and "enthusiastic" helped him calculate his sentence.
Three years of crime of provoking trouble.
Illegal detention for three years.
Insulting for one year.
The crime of endangering public safety by dangerous means for six years.
Two years of extortion.
and.
The most awesome thing is that these charges exist alone and there is no problem of absorption.
Gathering people to provoke trouble is a crime of independence.
Blocking the door is another charge of independence.
Insulting medical staff, the existence of a separate incident is also a crime of independence.
Knife and extortion...
There is no necessary connection with other crimes, and there is no problem of being sentenced to a felony crime.
therefore.
If all five charges exist, he will receive a fifteen-year fixed-term imprisonment package.
"You...you fooled me?"
The man holding the knife wiped the cold sweat from his forehead and said with a stern expression on his face.
Qin Mu shrugged.
No words.
But this expression made the man holding the knife even more vulnerable.
Qin Mu just explained the criminal law...
Although he hasn't heard of it, it seems to be extremely professional.
Easy to understand.
Linking what he did with the crimes in the criminal law.
Even if he has no education, he can understand it.
That's...
He committed all the things he should have committed and what he should not have committed.
The final sentence was actually an outrageous fifteen years!
...
Hospital hall.
After Qin Mu finished his story.
To be continued...