"It's so arrogant!"In Lanzhou, Gansu Province, 3 men and 2 women smashed property and beat KTV staff when they were singing and drinking at KTV. After calling the police, 2 women and 1 man even pushed, beaten, and hugged and fell out of the police. When the police took the five people into the police car and were about to take them back to the police station for investigation, the man who got into the car first also openly provoked the police and urinated on the police car in the police car. At present, all five have been criminally detained by the public security organs in accordance with the law.
*: Chao News, etc.).
When the women Li, Du and the men Zhong, He, and Sun met to KTV to sing and drink, they were drunk due to a large amount of drinking. Afterwards, 5 people had nothing to do and smashed KTV box kettles, coffee tables and other belongings at will.
After the KTV attendant found out, he immediately stepped forward to dissuade him, but the five people not only did not listen to the dissuasion, but also insulted and beat the staff who came forward to dissuade him.
After the staff called the police, the police quickly rushed to the scene to deal with the matter.
The scene ** shows that before the public security police arrived at the scene, one of them knocked a female staff member of KTV to the ground, and a woman also beat a male staff member afterwards, but he did not fight back.
After the public security police arrived at the scene to deal with it, the two women first pushed the police, and one of the women also grabbed the policeman's head and wanted to hug the policeman.
When the police took the 5 people away from the KTV and were about to take them back to the police station for investigation, Zhong, who got into the car first, once again openly provoked the police and urinated on the police car.
At present, five criminal suspects, including the woman Li and Du, and the man Zhong, He, and Sun, have all been criminally detained, and the case is under investigation.
1. Some people are really bold, they drink a little wine, and even the police dare to beat them, and 2 of them are women. Maybe at home, your husband or boyfriend can still let you and get used to you, but there is a price to be paid for doing things outside the home, especially if you openly and violently attack the people's police.
2. So from a legal point of view, how to evaluate this matter?
First of all, all five of them constituted the crime of picking quarrels and provoking trouble.
The judicial interpretation of the crime of picking quarrels and provoking troubles clearly stipulates that where the perpetrator has nothing to do and arbitrarily beats others, causing minor injuries to one or more persons or two or more persons, and destroys public or private property of more than 2,000 yuan, and the circumstances are heinous, this crime is constituted, and a sentence of up to 5 years imprisonment or short-term detention and a concurrent fine shall be given in accordance with article 293 of the Criminal Law.
Specific to this case, we can see that before the public security police arrived at the scene, 5 people beat at least 2 or more people, and also smashed water bottles, coffee tables and other property in the box, so 5 people constituted the crime of picking quarrels and provoking trouble.
Let's be more rigorous, the hand-to-hand beating in this way is at least a slight injury;The kettle, coffee table and other property in the KTV box are also worth at least 2,000 yuan, and all five of them were drunk and had nothing to do, so the conduct of the five people meets the constitutive elements of the crime of picking quarrels and provoking trouble, and should be criminally punished.
Secondly, one man and two women also committed the crime of assaulting the police.
The crime of assaulting a police officer is an act offender, and in principle, as long as there is an act of violently attacking a people's police officer who is performing his duties in accordance with the law, it constitutes this crime.
That is to say, regardless of whether the woman was successful in holding and falling at the time, as long as she pushed and beat the police with another woman or a man, it was a violent attack on the people's police who were performing their duties in accordance with the law, and their conduct constituted the crime of assaulting the police, and the three should be investigated for criminal responsibility.
Article 277 of the Criminal Law clearly stipulates that anyone who violently attacks a people's police officer who is lawfully performing his duties constitutes the crime of assaulting a police officer and shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or controlled release. Where driving a motor vehicle into a collision or other means seriously endangers their personal safety, a sentence of between 3 and 7 years imprisonment is to be given.
In other words, whether or not there is a successful fall only affects the sentencing, not the characterization of the behavior. That is, the maximum limit for this crime is 7 years, and the penalty is generally less than 3 years.
Finally, each of the five persons shall bear the corresponding civil liability for compensation.
Article 1184 of the Civil Code stipulates that if the property of others is infringed, the property loss shall be calculated according to the market ** or other reasonable methods at the time of the loss.
Article 1179 of the Civil Code stipulates that if a person infringes upon another person and causes personal damage, he shall compensate for reasonable expenses such as medical expenses, transportation expenses, and lost work expenses.
In short, 5 people not only beat the staff of KTV after drinking in KTV, but also smashed KTV's property, which is a civil tort and infringes on citizens' right to health and property.
Therefore, the five people should also compensate the beaten staff for their medical expenses, lost work expenses, and all economic losses caused by the smashing of the KTV.
Finally, I remind the majority of netizens that drunken impulsiveness is never a reason to break the law and commit crimes, and even a lighter punishment is impossible.
Therefore, it is important for everyone to take precautions!Even when drinking, don't be greedy, and don't do anything wrong after drinking, otherwise you will regret it when you wake up!
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