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No. 5 of First Batch of Model Cases Involving the Peaceful China Initiative Published by the Supreme People's Court: People v. Xie and Shao (Disrupting Public Service)—A Model Case Involving Public Security
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最高人民法院发布5起平安中国建设第一批典型案例之五：谢某某、邵某妨害公务案——涉公共安全典型案例
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【法宝引证码】
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| No. 5 of First Batch of Model Cases Involving the Peaceful China Initiative Published by the Supreme People's Court: People v. Xie and Shao (Disrupting Public Service)—A Model Case Involving Public Security | | 最高人民法院发布5起平安中国建设第一批典型案例之五：谢某某、邵某妨害公务案——涉公共安全典型案例 |
| 1. Case Summary | | （一）基本案情 |
| Around 14:30 on February 7, 2020, Xie and his wife Shao were going back home by taking a detour through the blockade in the landscaped path in the rear of the residential community where they resided. They were dissuaded by Wu, a functionary of the sub-district office who was implementing the epidemic prevention work assigned by the local government. Xie and Shao then abused and pushed Wu over to the ground and assaulted him. Xie repeatedly hit Wu on his head and face with fists, and picked up a cement block to hit Wu's head over and over again; and Shao hit Wu's thighs and waist with fists, causing Wu's minor injuries in four parts. Xie and Shao were summoned by the public security organ in the rear of the residential community and in the handling of the case, they were willing to pay compensation of 20,000 yuan in advance. | | 2020年2月7日14时30分许，谢某某与妻子邵某欲从居住小区后面绿道的封锁处绕行回家，被正在该处执行政府防疫工作的街道办事处工作人员吴某某劝阻，谢某某、邵某遂辱骂、推搡吴某某，并将吴某某推倒在地实施殴打。其间，谢某某用拳头多次击打吴某某头面部，并捡起水泥块多次击打吴某某头部，邵某用拳头击打吴某某大腿、腰部等处，致吴某某4处轻微伤。后谢某某、邵某在该小区后面被公安机关传唤到案，案件处理过程中自愿预交赔偿款2万元。 |
| ．．．．．． | | 一审法院判决：谢某某、邵某在疫情防控期间，暴力殴打依法执行政府防疫工作的国家机关工作人员，致其4处轻微伤，行为均构成妨害公务罪。二人有坦白情节，且自愿接受处罚，依法从轻处罚。根据邵某的犯罪情节、悔罪表现，以及二人系夫妻关系并育有两名幼子等家庭实际情况，对邵某依法适用缓刑。以妨害公务罪判处谢某某有期徒刑一年四个月，判处邵某拘役六个月、缓刑一年。一审宣判后，检察机关未抗诉，谢某某、邵某未上诉，判决已发生法律效力。 |
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