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The author:(作者)归海一刀published in(发表于) 2014/1/30 6:32:52 Linzhou policeman falls concealed in baby case responsibility， accountable to the people you want
This freelance commentator Wang Yunfan
Guo Zengxi took 3 years, which is already below the the common crime of intentional injury. In the absence of clear evidence enough to overthrow the injured baby "injuries and identification" situations, and no amount of questioning may not reverse the Court's judgment.
"Fall baby linzhou, Henan police" with the trial results. Guo Zengxi Anyang wenfeng district, the Court found that the defendant convicted of intentional injury, sentenced to 3 years ' imprisonment. 3 years in prison and "police fell baby case" badness does not seem to correspond, netizens commented, there have been many.
Say "bad", the first is a criminal act in itself has sparked public outrage. The evening of July 18 last year, 7-month-old daughter Lee couples embrace in linzhou city walk. Drinking and going to cabaret singing police Guo Zengxi suddenly snatched baby girl, hurt them. Such atrocities without reason, and is applied in a police brutality, gives people a sense of insecurity.
Case is also reflected in their acts of the local public security and justice agencies. Fall baby in a month's time after the incident, Guo Zengxi without legal sanction. After the media publicity, Guo crime was arrested on suspicion of assault. Has been sacked police chief Wei Shuping explain hidden reasons in linzhou city, said, "haven't been reported doesn't mean they don't hold him, the main consideration is the image and reputation of the police of the public security force". Now the results of linzhou public security discredited, of course.
Law applicable to disclosure information from the media, to 3 years in prison is to be expected. Guo is different from later in Beijing Daxing dropped baby, in the latter case, was cast girls died, the perpetrator Han Lei was sentenced to death for manslaughter. And Guo were cast out in the case of girls, the damage was identified as only minor injuries. In criminal law, the penalty for intentionally causing bodily harm to others, in the "three years of fixed-term imprisonment, criminal detention or public surveillance". Only when the assault causing serious bodily injury, the penalty rises to "three to ten years in prison"; "means to cause death, or with particular cruelty of serious disability caused by serious injuries", that "imprisonment of at least ten years, life imprisonment or the death penalty."
Guo Zengxi took 3 years, which is already below the the common crime of intentional injury. Said that the final sentence of the defendant is to be decided, is not so much to judge than Appraisers. Therefore the appraiser is now increasingly being referred to as "before a judge". In the absence of clear evidence enough to overthrow the injured baby "injuries and identification" situations, and no amount of questioning may not reverse the Court's judgment. Of course, the judge is obliged according to court evidence in the judgment document, explaining why the accused's behaviour is not "intentional homicide (attempt)", but "Mayhem".
That year also worth asking, "hidden", and "fall baby case" contact, independent of each other. Last August, news, linzhou City Public Security Bureau, Political Commissar and Deputy Secretary of the 3 principal leaders were suspended because the case, accept the investigation. But the "suspension" of interim measures to protect the investigation goes smoothly, not punitive. "Fall baby case" was concealed in January, what is the liability of those responsible, would also need to give people a concrete and clear explanation.
(Original title: police slam the infant cases sentenced, "hidden")
本报特约评论员王云帆
郭增喜领刑3年，这在普通故意伤害罪中已是顶格。在无明确证据足以推翻受伤婴儿“轻伤鉴定”的情况下，再多的质疑可能也不会扭转法院的判罚。
“河南林州警察摔婴案”有了一审结果。安阳市文峰区法院认定被告人郭增喜故意伤害罪名成立，判处其有期徒刑3年。3年徒刑与“警察摔婴案”的恶劣程度似乎并不对应，看网友的评论，质疑声不绝于耳。
说“恶劣”，首先是犯罪行为本身引发了众怒。去年7月18日晚间，林州市李某夫妇怀抱7个月大的女儿散步。酒后准备去歌厅唱歌的民警郭增喜突然抢走女婴，将其摔伤。这种无来由的暴行，而且是一名警察实施的暴行，带给人一种不安全感。
此案的恶劣还体现在当地公安司法机关的护短行为。摔婴事件发生后一个月时间里，郭增喜没有受到任何法律制裁。经媒体曝光后，郭因涉嫌故意伤害罪被批捕。已被停职的林州市公安局长魏书平解释瞒报原因时称，“没上报不是说不追究他了，主要考虑的是公安队伍的形象和人民警察的声誉”。而现在的结果，当然是令林州公安名誉扫地。
从媒体披露的信息看法律适用，3年有期徒刑实在意料之中。郭案不同于此后发生在北京大兴的摔婴案，后一案件中，被摔女童经抢救无效死亡，行为人韩磊因故意杀人罪被判处死刑。而郭案中的被摔女童，损伤仅被鉴定为轻伤。在刑法上，故意伤害他人身体的罚则，在“三年以下有期徒刑、拘役或者管制”。只有在故意伤害致人重伤时，罚则才上升为“处三年以上十年以下有期徒刑”；“致人死亡或者以特别残忍手段致人重伤造成严重残疾的”，才会“处十年以上有期徒刑、无期徒刑或者死刑”。
郭增喜领刑3年，这在普通故意伤害罪中已是顶格。因此说，决定被告人最终刑期的，与其说是法官，不如说是鉴定人员。故而鉴定师现在已越来越多地被称为“法官之前的法官”。在无明确证据足以推翻受伤婴儿“轻伤鉴定”的情况下，再多的质疑可能也不会扭转法院的判罚。当然，法官有义务在裁判文书中根据法庭认定的证据，说明为何被告人的行为不是“故意杀人(未遂)”，而是“故意伤害”。
值得追问的还有当年的“瞒报案”，这和“摔婴案”既有联系，又相互独立。去年8月曾有消息传出，林州市公安局局长、政委、副书记等3名主要领导因此案被停职，接受组织调查。但“停职”只是为保障调查顺利进行的临时措施，并不具有惩罚性。“摔婴案”被瞒报一月，相关责任人的法律责任究竟是什么，也需给民众一个具体而明确的交代。
(原标题：警察摔婴案判了“瞒报案”呢)
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