|
|
|
No. 2 of First Batch of Model Cases Involving the Peaceful China Initiative Published by the Supreme People's Court: People v. Zhang A, Zhang Dong (Part of Name Withheld), Lv Chun (Part of Name Withheld), et al. (Intentional homicide and Destruction of Law Enforcement by Means of Cult)—A Model Case Involving Anti-Cult
|
|
最高人民法院发布5起平安中国建设第一批典型案例之二：张某1、张某冬、吕某春等故意杀人、利用邪教组织破坏法律实施案——涉反邪教典型案例
|
|
【法宝引证码】
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| No. 2 of First Batch of Model Cases Involving the Peaceful China Initiative Published by the Supreme People's Court: People v. Zhang A, Zhang Dong (Part of Name Withheld), Lv Chun (Part of Name Withheld), et al. (Intentional homicide and Destruction of Law Enforcement by Means of Cult)—A Model Case Involving Anti-Cult | | 最高人民法院发布5起平安中国建设第一批典型案例之二：张某1、张某冬、吕某春等故意杀人、利用邪教组织破坏法律实施案——涉反邪教典型案例 |
| 1. Case Summary | | （一）基本案情 |
| Zhang A, Zhang Dong, Lv Chun, Zhang B, Zhang Lian (part of name withheld), and Zhang C (brother of Zhang A, 12 years old) were members of the “Almighty God” cult. At around 15:00 on May 28, 2014, these six persons dined out in the McDonald's restaurant in the Fuqian Square. At the time of dining, Zhang Dong and Zhang Lian bought two mops, mobile phones, and other articles at the Jindu Shopping Mall. At 21:00, Zhang A and Lv Chun incited Zhang B, Zhang Lian, and Zhang C to ask for the contact information of other customers and made preparations for developing members of the “Almighty God” cult. When Zhang B asked the victim Wu (female, died at 35 years old) for her telephone number twice, but was refused, Zhang A and Lv Chun identified that Wu was an “evil spirit.” Zhang A started to call Wu names as “evil spirit” and “devil,” grabbed Wu's telephone, and asked Wu to leave the restaurant. After being refused again, Zhang A charged Wu with a chair within the restaurant and Wu resisted. Jointly with Zhang A, Zhang Dong, Lv Chun, and Zhang B who were present at the scene knocked Wu down to the ground, Zhang A had repeatedly yelled that “Kill her as she is a devil,” and repeatedly stomped on the head and face of Wu with great force after jumping over and over by holding on the table with her hands. Zhang A then handed the mops bought by Zhang Dong to Zhang Dong and Zhang C, instigated Zhang Dong, Zhang B, Zhang Lian, and Zhang C to “curse” and beat up Wu. Zhang Dong picked up the mop and battered at Wu's head and face till the mop was broken. Instigated by Lv Chun, Zhang Dong pulled Wu out from between the tables and chairs, kicked, stepped on and stamped Wu's head and face with his feet. Zhang B also beat up Wu in her back and legs with a chair and a broom. Lv Chun kicked Wu's waist and hips, instigated Zhang Lian and Zhang C to beat up Wu. During that period, Lv Chun hit the restaurant personnel with his fists, threatened that “whoever steps in will die,” held back the restaurant personnel and other customers from rescuing Wu, and together with Zhang A, smashed a helmet on the restaurant counter to the restaurant personnel and stopped them from calling the police. After the public security officers arrived at the scene after receiving the call, Zhang Dong and Zhang C continued to beat up Wu. When the public security officers came forward to stop them and arrest Zhang Dong and Zhang C, Zhang A, Lv Chun, Zhang B, and Zhang Lian tried to stop the public security officers. With assistance of the crowd standing around, the public security officers subdued the six persons and arrested them. The “120” emergency physicians arrived at the scene and confirmed that Wu had died. It was identified that the victim Wu died of craniocerebral injury caused by strikes in her head and face with hard blunt objects having a large area and repeated actions of hard blunt objects having a certain area before her death. | | 张某1、张某冬、吕某春、张某2、张某联及张某3（张某1之弟，12周岁）均系“全能神”邪教组织成员。2014年5月28日15时许，六人在山东省招远市“麦当劳”府前广场餐厅就餐。其间，张某冬、张某联到金都购物中心购买了两支拖把、手机等物品。21时许，张某1、吕某春授意张某2、张某联、张某3向餐厅内其他顾客索要联系方式，为发展“全能神”组织成员做准备。当张某2两次向被害人吴某某（女，殁年35岁）索要手机号码遭拒绝后，张某1、吕某春指认吴某某为“恶灵”，张某1开始咒骂“恶灵”“魔鬼”，上前抢夺吴某某手机并让其离开餐厅。遭拒绝后，张某1遂持餐厅内座椅砸击吴某某。吴某某反抗，在场的张某冬、吕某春、张某2上前与张某1共同将吴某某打倒在地，张某1多次叫嚣“杀了她，她是恶魔”，并用手撑着餐桌反复跳起用力踩踏吴某某头面部。后张某1将张某冬购买的拖把分别递给张某冬和张某3，指使张某冬、张某2、张某联、张某3上前“咒诅”、殴打吴某某。张某冬抡起拖把连续猛击吴某某头面部，直至将拖把打断，又在吕某春指使下将吴某某从桌椅之间拖出，并上前用脚猛力踢、踩、跺吴某某头面部。张某2也使用椅子、笤帚殴打吴某某背、腿部，吕某春踢踹吴某某腰、臀部，并唆使张某联、张某3殴打吴某某。其间，吕某春用拳头击打餐厅工作人员并扬言“谁管谁死”，阻止餐厅工作人员和其他顾客解救吴某某，还与张某1一起将餐厅柜台上的头盔砸向工作人员阻止报警。公安人员接警到达现场后，张某冬、张某3仍殴打吴某某，公安人员上前制止、抓捕张某冬、张某3时，张某1、吕某春、张某2、张某联极力阻挠，后公安人员在周围群众的帮助下，将6人制服并抓获。“120”急救医生到场后确认吴某某已死亡。经鉴定，被害人吴某某系生前头面部遭受有较大面积质地坚硬钝物打击并遭受有一定面积质地较硬钝物多次作用致颅脑损伤死亡。 |
| ．．．．．． | | 吕某春于1998年加入“全能神”邪教组织。2008年始，吕某春作为“长子”（“全能神”邪教组织头目）纠合在招远的“全能神”教徒进行聚会，宣扬“全能神”教义。 |
| | ．．．．．． |
Dear visitor,you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . Should you have any questions, please contact us at:
+86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153)
Mobile: +86 133-1157-0713
Fax: +86 (10) 8266-8268
database@chinalawinfo.com
| |
您好：您现在要进入的是北大法律英文网会员专区，如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户，请注册并交纳相应费用成为我们的英文会员 。如有问题请来电咨询；
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail: database@chinalawinfo.com
|
| | | | | | | | |
|
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials.
|
|
| |
|
|