The criminal complaint

The appellant: sand, male, the Han nationality,1994Years7Month19The sunrise was born in Jiangsu of Changzhou City, is currently in custody in Taiyuan City second detention center.

The appellant dissatisfied Taiyuan Xiaodian District People's court for the crime of intentional injury case(2012Shop punishment) at the beginning of the word no.649Number of criminal incidental civil judgment, now appeal.

Appeal: request the court of second instance after ascertaining the facts shall be amended according to the law, reduce the appeal of punishment.

The facts and reasons:

One, the court of first instance for appellant sentencing did not consider the entire case

2012Years4Month22Day14When the30Xu, the appellant sand does not know the victim, and there is no contradiction, is in the first defendant under instructions, beating the victim Li Zhiguo, however, was subsequently victim Li Zhiguo mustered officers beating to minor injuries. The appellant that cannot be both melee behavior apart, in this case, both melee behavior should be comprehensive consideration to hear the case.

The appellant assault victims do not, however, Li Zhiguo people gathered, the use of weapons to beat more shall be subject to criminal penalty to the defendant, should also reduce the appellant's responsibility, but the verdict did not reflect.

Two, a trial did not reflect the state of the minor criminal policy

1According to "the Supreme People's Court on the trial of juvenile criminal case concrete application law interpretation of several issues" purpose: the trial of criminal cases of minors, carry out "education, supplemented by punishment" principle.

The provisions of article eleventh: For the juvenile criminal punishment, should fully consider whether it is conducive to the juvenile criminal education and correction.

For the juvenile criminal sentencing should be in accordance with the provisions of article sixty-first of the criminal law, and take into full consideration the minors to commit crime motive and purpose, the crime of age, the initial crime, crime of repentance, personal growth and consistent performance and other factors. To comply with the applicable conditions of criminal punishment regulation, probation, fined or exempted from underage criminals, shall apply to control, probation, fined or exempted from criminal punishment.

In this case, the appellant did not hurt the motive for the crime, also do not know with the victim, without any contradiction, on occasion, was sent the first defendant, when not to18Years old, the ability to distinguish right from wrong is low, the elder brother loyalty, without considering the consequences; no criminal record, school performance is good; not repeatedly truthfully statement, the circumstances of the case, did not evade the crucial point; sincere confession, and after the appellant has also been dozens of people Li Zhiguo mustered, handheld devices beaten and injured, are still not completely cured, in need of rehabilitation therapy should the court of appeal, give people a chance to start with a clean slate, embody the judicial justice and humanistic care, but the verdict does not have any follow the principle of trial to minors, the appellant sentencing overweight.

2The appellant will compensate the loss, also should be set to the appellant.

Three, a judgment that plaintiff of the supplementary civil action in economic losses without evidence, request the court of second instance shall be amended according to the law.

To sum up, the people think, the basic fact of the trial court does not find out, to the appellant the heavy sentence, request the court of second instance shall be amended according to the law.

Yours sincerely

Taiyuan City Intermediate People's court

                          Appellant.