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The author:(作者)delv
published in(发表于) 2014/1/27 9:10:08
Zhejiang wenling kill medical case defendants sentenced to death, the families will appeal

Wenling city, Zhejiang, killing doctors and families of defendants sentenced to death in the first instance that will kill medical appeal | wenling | | the death penalty _ which news

CNS,, January 27 (reporter Zhao Xiaoyan)-27th, the sensation of Zhejiang "wenling kill medical trial of" sentence the assailant Lian Enqing was sentenced to death for manslaughter, deprivation of political rights for life. It is understood that Lian Enqing before the incident was due to "persistent delusional disorder" hospitalization, but issued by the public prosecution service in the trial was even reported there was criminal responsibility psychiatric evaluation in assault. The trial, even the defense lawyers had applied for recertification for Lian Enqing mental diseases. However, the Court did not adopt. Lian Enqing family says it will appeal.


  Crime: even stabbed several people used to write death list


The Taizhou intermediate people's Court identified by the trial, March 18, 2012 to 26th, first people's Hospital of wenling Lian Enqing received an ear, nose and throat doctor Cai Chaoyang to nasal surgery. Because of their poor postoperative outcome, Lian Enqing complaints to the hospital several times, and in many cases to other hospitals, but there is no progress, Lian Enqing Cai Chaoyang doctor, and the effect of postoperative CT examination of Lin Hai-yin Yong doctors accepted its complaints against the treatment of ear, nose and throat doctor Wang Yunjie heart problem.


On July 30, 2013, Lian Enqing in his room under the writing on the wall "7.31 Wang Yunjie, Lin Haiyong death" text.


That same year, October 25, Lian Enqing carrying hammers and knives came to the hospital to achieve ready ENT Clinic, outpatient building, floor, room, confirmed Wang Yunjie and Cai Chaoyang in separate adjacent treatment after diagnosis into Wang Yunjie clinic.


Standing about 2 minutes behind Wang Yunjie, even from top coats took the hammers hit Wang Yunjie, Wang Yunjie turned block hammer by hand after he was hit and fled the room, Lian Enqing hammer wooden handle was to fend off disconnect, hammer to fall to the ground, then removed his dagger stabbed Wang Yunjie back cutter. When Wang Yunjie fled to dental Hall, caught up with by Lian Enqing, Wang Yunjie Lian Enqing continues with a knife stab stab chest abdomen, legs, arms and other parts, which fell.


Ear, nose and throat doctor psy approached drag-drop, were also stabbed in the right arm. Free psy after drag-drop, Wang Yunjie heart of Lian Enqing and then fell to the ground and stabbed the knife in.


Thereafter, Lian Enqing ENT Clinic looking for knife returned Cai Chaoyang, Tsai locked office door, Lian Enqing then break the dagger hilt, behind the Office door to leave.


Subsequently, Lian Enqing knife comes to radiology, CT and looking for CT operations is mixed woodlands, mistook the doctor Jiang Xiaoyong as Lin Hai-Yong, then stab stab Jiang Xiaoyong chest and abdomen 3 knives, knowing that hurt after an error, no stab stab. Lian Enqing was caught.


Wang Yunjie victims was stabbed to the heart, pulmonary hypertension and lung rupture, patients whom died on the same day; Jiang Xiaoyong injuries constitute injuries of victims; victims psy's injuries have not been sustained minor injuries.


  A Tribunal sentenced to death: have full criminal responsibility


On the 22nd of this month's trial, Lian Enqing defence counsel made Zhu Shengyong, Lian Enqing 2 months before the incident at Shanghai mental health center was diagnosed as "persistent paranoia disorders", and was hospitalized. Even defense attorneys believe that Lian Enqing not criminal responsibility when the crime was committed.


However, the public prosecution service issued by Zhejiang Provincial tongde hospital in court by forensic appraisal, Lian Enqing crime awareness when clear of the defendant, motive reality, identify and control, full criminal responsibility.


Hearing the same day, Lian Enqing himself repeatedly denied that they have a mental illness, emotional extremely excited, and that hospital in CT in surgical treatment of fraud and so on. Judge on several occasions to stop reminding them to pay attention to controlling emotions.


Lian Enqing lawyers suggested that the recertification Lian Enqing mental diseases. He also believed that Lian Enqing motive for the crime and hospital medical care there is a causal relationship, "Lian Enqing medical procedure over and over, that he felt there is a variety of complications after surgery. Hospital after receiving his complaint, failed to pay enough attention to the perfunctory is suspect. Lian Enqing lack of accumulated resentment of the hospital, added he was willing to take another person's life to get him tortured ways to achieve their goal. ”


But the Court found that the hospital surgical medical malpractice do not exist in the therapeutic process, active coordination and deal with complaints after Lian Enqing, Lian Enqing reactors by the illness of diagnosis and treatment, there are no Lian Enqing fault on disease treatment, cannot be established in the present case is raised at fault.


The Court found that the hospital treats Lian Enqing complaints and follow-up treatment of defective, Hunt Lian Enqing truthful confession of crime after the fact, in flagrante delicto procedure found stab stab object error in consequences and adverse social impact, are not sufficient to Lian Enqing mitigating punishment of the accused, counsel requested the defendant mitigating reason for insufficient, inadmissible.


Court think, accused Lian Enqing due to on surgery treatment effect not satisfaction, in multi-party seeking treatment still is not settlement its disease pain of situation Xia, will disappointed mood vent to for its diagnosis and treatment construction of doctor body, achieved premeditated and holding hammer and knife deliberately killed others, to a people death a people injured, a people injured of serious consequences, its acts has constitute deliberately killing sin, crime plot special serious, law should to punished. Public prosecution service accused of setting up.


Eventually, Lian Enqing was sentenced to death for manslaughter trial, deprivation of political rights for life.


Sisters of the Lian Enqing said lawyers will meet tomorrow Lian Enqing, they would surely appeal. (End text)


(Original title: "wenling kill medical case" suspects sentenced to death in the first instance the families will appeal)

(Edit: SN077)
January 27, 2014 China News Network
(
浙江温岭杀医案被告一审获死刑 家属称必将上诉|杀医案|温岭|死刑_新闻资讯

  中新网台州1月27日电 (记者 赵小燕)27日,轰动一时的浙江“温岭杀医案”一审宣判,行凶者连恩青因故意杀人罪被判死刑,剥夺政治权利终身。据了解,连恩青在案发前曾因“持久的妄想症障碍”住院治疗,但庭审中公诉机关出具了连在行凶时有刑事责任能力的精神鉴定报告。庭审中,连的辩护律师曾申请对连恩青精神疾病做重新鉴定。不过,法院并未采纳。连恩青家属方面表示,必然会上诉。


  犯案:连捅数人曾写死亡名单


  台州中院经审理查明,2012年3月18日到26日,连恩青在温岭市第一人民医院接受了耳鼻喉科蔡朝阳医生对其鼻部手术治疗。因感到术后效果不佳,连恩青多次到医院投诉,并多次对到其他医院就医,但均无进展,连恩青对蔡朝阳医生,及术后对其CT检查的林海勇医生,接受其投诉处理的耳鼻喉科王云杰医生心生怨念。


  2013年7月30日,连恩青在自己房间墙上写下“7.31王云杰、林海勇死”等文字。


  同年10月25日上午8时20分许,连恩青携带实现准备的榔头和尖刀来到医院门诊大楼五楼耳鼻喉科门诊室,确认王云杰和蔡朝阳分别在各自相邻诊治坐诊后,进入王云杰诊室。


  站在王云杰背后约2分钟后,连即从外套内掏出榔头猛击王云杰头顶部,王云杰被击后转身用手格挡榔头并逃离诊室,连恩青见榔头木柄被挡开后断开,榔头掉落在地,遂取出尖刀追刺王云杰背部数刀。当王云杰逃至口腔科大厅时,被连恩青追上,连恩青继续用刀朝王云杰胸腹部、腿部、手臂等部位捅刺,致其倒地。


  耳鼻喉科医生王伟杰上前拉阻,也被在右腋下捅了一刀。挣脱王伟杰的拉阻后,连恩青又朝倒在地上的王云杰心脏部位猛刺一刀。


  尔后,连恩青持刀返回耳鼻喉科门诊室寻找蔡朝阳,因蔡紧锁诊室房门,连恩青遂用尖刀刀柄敲碎诊室门后离开。


  随后,连恩青又持刀来到放射科CT室并混入CT操作间寻找林海勇,误将江晓勇医生当作林海勇,遂捅刺江晓勇胸腹部3刀,在得知伤害对象错误后,没有持续捅刺。连恩青当场被抓获。


  被害人王云杰被刺致心脏、肺动脉及肺破裂,经抢救无效于当日死亡;被害人江晓勇的伤情构成重伤;被害人王伟杰的伤情尚未达轻伤。


  一审获死刑:有完全刑事责任能力


  在本月22日的庭审中,连恩青的辩护律师朱圣勇提出,连恩青在案发前2个月曾在上海精神卫生中心被诊断为“持久的妄想症障碍”,并住院治疗。连的辩护律师认为,连恩青在案发时没有完全刑事责任能力。


  不过,公诉机关在庭上出具了浙江省立同德医院司法鉴定所鉴定,被告人连恩青作案时意识清晰,作案动机现实,辨认和控制能力存在,有完全刑事责任能力。


  当天庭审时,连恩青本人多次否认自己有精神疾病,情绪极为激动,并认为医院在手术治疗过程中存在CT片造假等情况。法官数次停下提醒其要注意控制情绪。


  连恩青的律师则提出,应对连恩青的精神疾病做重新鉴定。他还认为,连恩青的犯罪动机和医院的医疗行为有因果关系,“连恩青的就医过程反反复复,他认为自己在手术后出现了多种并发症。医院在接到他投诉后,未有足够重视,也有敷衍的嫌疑。连恩青缺积累了对医院的怨恨情绪,累加到他不惜以夺取他人生命把自己送上刑台的方式去达到自己的目的。”


  不过法院认为,医院在手术治疗过程中不存在医疗事故,并积极协调处理连恩青的术后投诉,尽力诊治连恩青所反应堆病症,不存在对连恩青疾病治疗上的过错,也不能认定在引发本案上有过错。


  法院认为,虽医院在对待连恩青的投诉及后续处理上存在瑕疵,连恩青归案后能如实供述犯罪事实,在作案过程中存在发现捅刺对象错误后果和恶劣社会影响,尚不足以对被告人连恩青从轻处罚,辩护人提出要求度被告人从轻处罚的理由不足,不予采纳。


  法院认为,被告人连恩青因对手术治疗效果不满意,在多方求医治疗仍未解决其疾病痛苦的情况下,将失望情绪发泄到为其诊治释疑的医生身上,实现预谋并持榔头和尖刀故意杀害他人,致一人死亡一人重伤,一人受伤的严重后果,其行为已构成故意杀人罪,犯罪情节特别严重,依法应予严惩。公诉机关指控的罪名成立。


  最终,连恩青因故意杀人罪一审被判死刑,剥夺政治权利终身。


  连恩青的姐姐表示,明天律师会会见连恩青,他们必然会上诉。(完)


(原标题:“温岭杀医案”嫌犯一审获死刑 家属称必将上诉)


(编辑:SN077)
2014年01月27日12:16
中国新闻网
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