The takeaway brother was entrusted by a Hunan man on the platform to go to a community in Hangzhou to find a woman, but knocked on the door and did not respond, and when the police opened the lock, he found that the woman was foaming at the mouth and her body was cold and ......
Divination determines the direction of seeking medical treatment.
In the summer of 2019, through a friend's introduction, returnee professor Xiaoyu (pseudonym) came to Hunan with a friend to learn Xi I Ching gossip from Lei's father. For more than ten days in the study Xi, Xiaoyu lived in the home of Master I Ching, during which she met Lei, who was "proficient" in traditional Chinese medicine.
In 2020, Xiaoyu's retina will detach, and many attempts to seek medical treatment will be fruitless. Subsequently, Xiaoyu decided to go to Hunan according to the hexagram through the way of divination in the Book of Changes. Out of trust in Lei's father, Xiaoyu informed him of the results of the hexagram and asked for advice. Lei's father asked Lei to prescribe a prescription for him online to test the water, so that she could come back after feeling that it was effective.
After taking the prescription prescribed by Lei for a period of time, Xiaoyu felt that her body had improved a lot, and her trust in the I Ching hexagram and Lei's medical skills had deepened. With the mentality of giving it a try, Xiaoyu embarked on the "road to seek medical treatment" to Hunan.
Lei's father, who knew his son's healing level, suggested that Lei dispense medicine while studying and Xi, and that the prescription must be divided, measured in combination with the degree of applicability of the medicine to the trigram, and if the trigram does not pass, the prescription will be re-prescribed.
However, Lei is just a medical novice who is addicted to online games and has a junior high school education, and because of his father's persecution, he had to study himself for 2 years by consulting Chinese medicine books and reading Chinese medicine music on the Internet. "I don't know what the effects of these medicines are, and if it weren't for my father's divination, I wouldn't have dared to take them myself. "Lei not only does not understand the principles of traditional Chinese medicine, let alone prescribe treatment. For those who come to see a doctor, they just pretend to press their heads, take their pulses, find an excuse to leave, go through books, set up edible Chinese herbs written in Chinese medicine books to prescribe a prescription, and then let them go to the "Bodhisattva's room" to do divination to determine whether the prescription is feasible.
Self-taught Chinese medicine prescriptions.
All the prescriptions are based on my own experience and self-taught knowledge of Chinese medicine, step by step, and the dosage is also based on her body's reaction, from less to more. Lei, a "half-hung doctor", looked at Chinese medicine books like this, groping for Xiaoyu to dispense medicine, divination, and take medicine.
However, after a period of conservatism, Lei felt that the prescription composed of ordinary Chinese medicinal materials was not effective for Xiaoyu's disease, so he decided to add toxic herbs such as realgar to the prescription, and adopted "fighting poison with poison"** Out of trust in his "medical skills" and divination results, Xiaoyu agreed to the prescription.
Unexpectedly, it didn't take long for the poisonous herbs purchased online to be discovered by Father Lei. Lei's father, who was afraid of an accident, wanted Xiaoyu to leave quickly, but out of trust in the results of the "Bodhisattva Room" divination, Xiaoyu was reluctant to leave, so he took the initiative to write a "statement", saying that he voluntarily took the prescription prescribed by Lei, and he would not hold Lei and his family responsible for the consequences (including death) caused by the ** behavior. Father Lei, who got the disclaimer statement, calmed down and asked them to continue to study the prescription for treatment, but the prescription still needs to go through the divination test.
After a three-month cycle of retinal detachment, Xiaoyu's symptoms seem to have improved, which makes Xiaoyu worship Lei's "medical skills" more and more. She told Lei that she actually had a brain tumor and a swollen lump on her head. **The "successful" experience of the retina made Lei more and more confident, so he decided to use traditional Chinese medicine to fight poison and apply it externally to cure the brain tumor.
Mung bean detoxification eventually brewed a tragedy.
In August 2021, Xiaoyu returned to Hangzhou for work reasons, and continued to accept Lei's online prescription**, and all the dosages of prescriptions and changes in the types of Chinese medicinal materials were confirmed by Lei in the "Bodhisattva's room" for her.
Xiaoyu, who returned to school and work, looked normal, but in fact, the long-term accumulation of toxins made Xiaoyu's health deteriorate.
This disease is too severe and stubborn, and not using a large dose is equivalent to harming you. Faced with the large dose of Chinese medicine prescription prescribed by Lei, Xiaoyu was a little worried, but Lei said that the prescriptions were all tested by him and certified by divination, so he no longer had any doubts, even if he was unwell, he forced himself to drink the medicine.
Don't I know that eating 10 grams of realgar will make people uncomfortable?My biggest mistake was that I shouldn't have let you eat realgar when class was about to start. On October 6, Xiaoyu told Lei that he was unwell after taking drugs containing 10 grams of realgar and other drugs prescribed by him, and Lei not only did not persuade him to go to the hospital for examination, but also said that he should eat some mung beans to detoxify. On October 8, a student noticed that Xiaoyu's face was abnormal and asked her if she was poisoned, and Xiaoyu relayed the situation to Lei, but Lei once again only let her eat mung beans to detoxify.
On October 9, Lei was unable to contact Xiaoyu, so he asked the delivery man to come to check. After the delivery man went to Xiaoyu's house five times and knocked on the door but no answer was answered, Lei asked the delivery person to help call the police, and then found that Xiaoyu was dead. After judicial evaluation, Xiaoyu died of arsenic poisoning caused by taking toxic Chinese medicine.
Recently, the Qiantang District Procuratorate of Hangzhou City, Zhejiang Province, after review, found that Lei illegally practiced medicine without obtaining a doctor's license, causing the death of a patient, the facts of the crime are clear, the evidence is credible and sufficient, and he should be investigated for criminal responsibility for the crime of illegal medical practice, so he was prosecuted. The court supported the procuratorate's claim and sentenced Lei to 10 years in prison and a fine of 10,000 yuan.
Why is the handwritten "Disclaimer" invalid?
In this case, Xiaoyu took the initiative to write a "statement", stating that she voluntarily took the prescription prescribed by Lei, and she would not pursue any responsibility for the consequences (including death) caused by the ** behavior.
Although Xiaoyu has a promise to be at risk, it cannot be a reason for Lei to bear criminal responsibility for the crime. For acts that infringe upon the legal interests of individuals, the victim's commitment can negate the illegality of the act only under certain conditions, and one of the conditions is that the victim has the right to dispose of the promised legal interests. First of all, no one has the authority to commit to public legal interests such as national legal interests and social legal interests. The crime of illegal practice of medicine is a crime that endangers public health, infringing on the state's management system for medical and health work, public health and other legal interests, and Xiaoyu has no right to commit to it. Secondly, the right to life cannot be disposed of, cannot be waived, and Xiaoyu's promise to death is invalid.
*: Prosecutorial**Justice.com.