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published in(发表于) 2017/2/24 23:44:41
Lijiang was hit woman sustained minor injuries secondary treatment spend no money a lawyer

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中文

Beaten woman sustained minor injuries secondary treatment of Lijiang Lijiang, spend no money lawyers | | beaten _ news

(Legal evening news reporter Zhang Rui editor Wu Jie), February 21, at 9 o'clock in the evening, "Lijiang was beaten" party Linda da received service of the Public Security Bureau of Lijiang Lijiang city branch of the municipal Public Security Bureau notice of expert opinion, information on the degree of injury verdict was sustained minor injuries secondary. Said if it disagrees with the views on the identification, can apply for supplementary identification or recertification. You want to apply for supplementary or recertification, Linda da told reporters that she was under consideration.


"Shortly after I finished the identification of Lijiang police as, call sent a team, asked me to go to a third party body to identify, I refused. "Linda said da, river police said lawyers can step up," from the up to now was my own money, I worry about surgery, but did not dare to think about the future costs of surgery and plastic surgery. So no income for a long time, I could not afford a lawyer, I do not know where to go for money. ”



> Linda da before and after the injury

  About


  "Lijiang police identified up and let me go to the third party authentication"


On February 12, the Lijiang police personnel to Linda da expert testimony.


The night of February 21, expert testimony submissions sent to her on his hand. According to expert opinion, gucheng district, Lijiang City Public Security Bureau branch of hiring staff to Linda da body damage degree of expert testimony, expert opinion is sustained minor injuries secondary. Notice shows that views on the identification of objects, can apply for supplementary identification or recertification.


In response, Lin da told reporters that do not apply to add or recertification, is also under consideration. "I don't know what to do next. February 12 after he finished his medical examination, put a heart, and a few good night's rest. But the calm didn't last long. A few days later, I received a call from police in Lijiang, said they sent a team, asked me to go to a third party to identify, I refused. “


"I did not see the police sent by the people of Lijiang, I have finished the identification, also signed, why third party identification? "Lin da said, after which she began to anxiety," can't fall asleep, wake up several times a night. Months of experience as a dream, I always thought that if I haven't hurt this much good, can someone help me how nice...... "She sighed, then said," How is it possible to go back in time? Am I stupid? ”


  "Police said lawyers involved I can't afford a lawyer"


Linda da said that Lijiang police told her, now lawyers can intervene, "the real question is, do the operation but also the lives of, from the up to now was my own money. I was not rich, now bankrupt, and dread to think what the future costs of surgery and plastic surgery. So no income for a long time, I could not afford a lawyer, I do not know where to go for money. ”


Despite future do surgery and cosmetic of costs, may will spent huge, but Linda da said she also didn't wants to had compensation of problem, currently only wants to go formal legal program, "from accident to now, hurt had I of those people of parents, and relatives, and friends, no a people station out and I said a sentence ' sorry ', the how sentenced on how sentenced's. ”


  "Recently left under the mucous membrane of the maxillary sinus cyst bleed every day"


Hospitals are the most reluctant to Linda da place, "operation at a time, to cut nasal hair, which is painful. Surgery kept sneezing, nose will fall, and gauze stuffed in there holding the nasal bone. Already breathing disorders, sleeping after surgery will be arousal. Even now, sometimes is arousal. ”


Linda da says she can't want to smile like that laugh, cry cry, "I can't smile, a smile face pain on both sides. Is not felt before, the entire face is numb. ”


Previously due to body does not apply, Linda da had to hospital do had check, in Linda da provides of a copies Guangdong Province second people Hospital of medical report in the wrote, "double side nasal bone, and nasal septum, and left maxillary sinus Qian wall, and inside wall and the top wall more sent fracture, and bone at density more Qian slightly increased, consider has bone scab growth; original left maxillary sinus product liquid basic absorption; left maxillary sinus mucosa Xia cyst; double side screen sinus inflammation. ”


"See ' submucous cyst of maxillary sinus on the left ' I'm scared, I was afraid to ask a doctor, check the information from the Internet, said the possibility of cancer, it's hard to accept. "Linda da says she does not know what to do, now online say not to eat spicy food, don't eat Bacon, preserves, do not drink, coffee or drink," when I want to wait for the next surgery, ask your doctor. ”


Why not problems to consult a doctor, Linda da admitted avoiding.


Linda da told reporters next to the location of the cysts in the nose, visible to the naked eye, look higher than skin, soft to the touch, push, "from under the left eye to the left nose is. These days up, nosebleed, face wound hurts in these two days, I also don't know if and cysts. In short these days in the midst of fear. ”



>

  In early March "to surgery fear of putting things in my mouth"


"The beginning of March, I went to the hospital to have septum surgery, nasal bones are not reset, and do surgery must first solve the problem of nasal bone of the nasal septum. See the hospital to run. "Lin da told reporters, after the last surgery anesthesia, it ran a high fever," they can't eat painkillers and antipyretics, only ice for pain and fever, it's a day and a night. Nose breathe, using only their mouths to breathe, drink water in three minutes, and I can't get up, this means that 24 hours a day, I can't sleep, take care of my people can't sleep. ”


Linda da said, not only that, but each operation, doctors in her throat in a similar amplifier the same thing, "awake, would hamper the talk, taking also hurt. Think about surgery, it is afraid, even before operation check, think feel unbearable, fit a hose from left nostril, come out from the throat, and put into the right nostril. Because my nasal bone fractures, not to wear, even if you spray the anesthetic, and a headache. ”


Linda da said that relative to the physical pain she felt psychological pressure is also great, "each operation, my Mom took care of me. My mother is in poor health, in order to take care of I eat well, sleep well, I was guilty. ”


  "The police informed me at night take me the next day to be refused"


Linda da says she doesn't want to sleep in the evening, always drifted off to sleep until dawn, "only five or six o'clock in the morning and when it was day, hearts will be steadfast, to fall asleep for a while. She is afraid of night, or even when they went to the police station to be interviewed, as long as the evening, they will somehow upset and wanted to go home, don't want to stay on the outside. ”


Linda da said that few days ago, the police informed her to take expert testimony reported in the evening, "I will discuss it with each other, wanted to go during the day the next day, was rejected. When raining, no way but to go to. ”


"Don't know if it's depression, and felt someone looking at me and talking about me. One day to go out with friends for dinner, think quietly talking to the person next to me, I would like to know what they say about me, can not hear well to ask results on pins and needles. I feel so tired, you send a long message to my mother and my brother tell me MOM, I'm a bank card password, scared her to give me a call. Finish my mom calls me crying all night, really feel the need to hold on. ”


  Extended interview


  Lawyer: disability identification requires a loss difficult to do


Journalists access to information found that secondary refers to a variety of causes of injuries caused by the primary injury or complications caused by the primary injury is not life-threatening; remnants of tissue and organ structure and function of minor damage or appearance.


Lawyer with Beijing Beijing Wang Dianxue told reporters that the text was made on charges of affray in the case, two minor injuries should be held criminally responsible. Linda da, for it involves the criminal supplementary civil compensation case, if you want to claim compensation for moral damages, the Court would not necessarily support. But she can advocate health care, time, care, nutrition, transportation and other costs, because this matter has led to a series of losses.


Said Wang Dianxue, Lin da late follow-up treatment, including surgery, cosmetic surgery costs are included in medical expenses, medical expenses overall functions returned to normal.


Judging from the present situation, there may be a court compensation, but if the refusal or afford, Wang Dianxue suggested that Linda da can go to apply for State aid funds, "If Lin da identification does not endorse, can apply for recertification, or malingering. ”


  Case of playback


  Lijiang tours have been beaten up the face of the woman was disfigured by bottle


The night of January 24, user @ Linda da is my micro-blog post, November 11, 2011, during a visit by a group of men had suffered an unprovoked assault in Lijiang, badly led to disfigurement, and released some of their photos.


At noon on January 25, @ Lijiang, Yunnan police "events hit Lijiang" informed of the investigation, said the main suspect had been controlled by the police, said Dong XX (Linda da) injury, according to the appraisal standard of body injury degree 4.2.2, to face damage or tissue and organ dysfunction as main identification evidence, in damage identification of 90 days.


The night of January 25, reporter Linda da connection the parties. She said to her fair, she was not so desperate. She was going to marry her boyfriend, because this thing broke up with her boyfriend. Ready to shop plans are put on hold.


The afternoon of January 26, reporters learned that Lijiang police in Zhuhai made records for Linda da re, and wound up first. Check out Linda his signature was rejected. Linda da said, when she was hospitalized in Guangzhou, the hospital that she is 6 cm long wound, forensic yesterday is 5 cm, which she couldn't sign.


On January 27, Lijiang, Yunnan province, the City Government Press Office informed the "Lijiang hit" Update: involved and a loose 6 suspects are under criminal detention by public security organs.


On February 4, the Lijiang again went to Zhuhai to Lin da to be interviewed by the police.


On February 9, gucheng district, Lijiang city, Yunnan propaganda official Twitter released @ Gu Xuan informed "Lijiang woman was playing the" progress made in the case, said crime was arrested 6 suspects on suspicion of affray.


On February 11, is the river police informed Lin da to do days of expert testimony, but Linda da says, she won't go to the expert testimony of Lijiang.


On February 12, Linda his expert testimony.


On February 21, Lijiang Bureau issued certificate of injury identified Linda da's injury minor secondary.


On February 23, Linda da said it is considering to be malingering.


Text/legal evening news reporter Zhang Rui




> Editor: Zhang di





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丽江被打女子轻伤二级 治疗花光积蓄没钱请律师|丽江|暴打_新闻资讯

  (法制晚报记者 张蕊 编辑 吴洁)2月21日晚9点,“丽江旅游遭暴打”当事人琳哒接到了丽江公安局送达的丽江市公安局古城分局《鉴定意见通知书》,通报对其人体损伤程度鉴定结果是轻伤二级。通知称如果对该鉴定意见有异议,可以提出补充鉴定或者重新鉴定的申请。对于要不要申请补充或者重新鉴定,琳哒告诉记者,她还在考虑中。


  “丽江警方为我做完鉴定不久,打电话说又派出了一个小组,要求我去第三方机构去做鉴定,被我拒绝了。”琳哒说,丽江警方说现在律师可以介入了,“从出事到现在都是我自己在掏钱,我现在都发愁手术费,更不敢去想未来的手术费用和整容费用。这么长时间没收入,我已经拿不出钱来请律师了,我不知道从哪里去找钱。”


> 琳哒受伤前后

  讲述


  “丽江警方鉴定完又让我去第三方鉴定”


  2月12日,丽江警方相关人员对琳哒做了伤情鉴定。


  2月21日晚,伤情鉴定意见书送到琳哒的手上。根据鉴定意见,丽江市公安局古城分局聘请相关人员对琳哒的人体损伤程度进行了伤情鉴定,鉴定意见是轻伤二级。通知书显示,如对该鉴定意见有异议,可以提出补充鉴定或者重新鉴定的申请。


  对此,琳哒告诉记者,要不要申请补充或者重新鉴定,还在考虑当中。“我也不知道下一步该怎么办。2月12号做完体检后,觉得放下了一桩心事,还好好睡了几觉。但这种平静没持续多久。几天后,我接到丽江警方的电话,称他们又派出了一个小组,要求我去一个第三方机构去做鉴定,被我拒绝了。“


  “我没有见丽江警方派来的人,我已经做完鉴定,也签字了,为什么还要去第三方做鉴定?”琳哒说,之后她又开始焦虑,“睡不着,一晚上醒好几次。几个月来的经历像做梦一样,我总想如果我没伤该多好,有人能帮帮我该多好……”她叹口气接着说,“怎么可能回到从前?我是不是很傻?”


  “警方称律师可以介入 我没钱请律师了”


  琳哒说,丽江警方告诉她,现在律师可以介入,“目前现实的问题是,要做手术还要考虑生活的问题,从出事到现在都是我自己在掏钱。我自己本来就不富裕,现在已经破产了,不敢去想未来的手术费用和整容费用。这么长时间没收入,我已经拿不出钱来请律师了,我不知道从哪里去找钱。”


  尽管未来做手术和整容的费用,可能会花费巨大,但琳哒说她还没想过赔偿的问题,目前只想走正规法律程序,“从出事到现在,伤害过我的那些人的父母、亲戚、朋友,没有一个人站出来和我说一句‘对不起’,该怎么判就怎么判吧。”


  “左上颌窦黏膜下囊肿 最近天天流鼻血 ”


  医院是琳哒最不愿意去的地方,“每次做手术,都要剪鼻毛,很疼。手术后不停地打喷嚏,感觉鼻子都要掉了,还有纱布塞在里面撑着鼻骨。本来就呼吸不畅,术后睡觉总会被憋醒。就是现在,有时也会被憋醒。”


  琳哒说,她现在不能像之前那样想笑就笑、想哭就哭,“我不能笑,一笑两边的脸就很疼。之前是没感觉,整个脸都是麻木的。”


  此前由于身体不适,琳哒曾去医院做过检查,在琳哒提供的一份广东省第二人民医院的体检报告中写道,“双侧鼻骨、鼻中隔、左侧上颌窦前壁、内侧壁及顶壁多发骨折、骨处密度较前稍增高,考虑有骨痂生长;原左侧上颌窦积液基本吸收;左侧上颌窦黏膜下囊肿;双侧筛窦炎症。”


  “看到‘左侧上颌窦黏膜下囊肿’让我很惊慌,我不敢去问医生,从网上查资料,说有癌变的可能,真的难以接受。”琳哒说,她不知道该怎么办,目前就是按网上说的不吃辛辣刺激的食物,不吃腊肉、腌制品,不喝酒,咖啡也不喝了,“我想等着下一次手术的时候,问问医生。”


  对于为什么不马上去咨询医生的问题,琳哒承认在逃避。


  琳哒告诉记者,囊肿的位置在鼻子旁边,肉眼可见,看上去比皮肤高,摸上去软软的,有推动感,“从左眼下面到左鼻翼都是。这几天一起床,就会流鼻血,这两天脸上的伤口也很疼,我也不知道和囊肿有没有关系。总之这些天一直处于害怕之中。”


>

  “3月初还要做手术 害怕嗓子眼放东西”


  “3月初,我又要去医院做鼻中隔手术,但鼻骨还没复位好,做鼻中隔手术首先要解决鼻骨的问题。看到医院就想跑。” 琳哒告诉记者,上次手术麻药劲儿过后,就发起高烧,“不能吃止疼药和退烧药,只能冰敷来止疼和退热,挺了一天一夜。鼻子不能呼吸,只能用嘴巴呼吸,三分钟喝一次水,我还不能起来,这意味着,一天24小时,我睡不了觉,照顾我的人也不能睡觉。”


  琳哒说,不仅如此,每次手术,医生会在她的嗓子眼儿放一个类似扩大器一样的东西,“清醒后,会阻碍说话,取的时候也很疼。想起手术就害怕,就连手术前的检查,想想都觉得难以承受,一根软管从左鼻孔穿进去,从喉咙里出来,又穿进右鼻孔。因为我的鼻骨骨折,不好穿,即使喷了麻药,也疼。”


  琳哒说,相对于身体上的痛苦,她感觉心理压力也很大,“每次手术,都是我妈照顾我。我妈身体不好,为了照顾我吃不好、睡不好,让我很愧疚。”


  “警方晚上通知我取报告 我想次日去被拒”


  琳哒说她晚上不想睡觉,总是天快亮才迷迷糊糊地睡着,“只有早晨五六点天亮的时候,心里才会踏实,才能睡着一会。她害怕晚上,甚至去派出所做笔录时,只要到了晚上,就会莫名其妙烦躁,想回家,不想待在外面。”


  琳哒说,前两天,警方晚上通知她去取伤情鉴定报告,“我和对方商量,想第二天白天再去,被拒绝了。当时下着大雨,没办法,只能去了。”


  “不知道是不是抑郁了,一出去总觉得有人在看我、议论我。有一天和朋友出去吃饭,就觉得旁边的人悄悄在议论我,我特别想知道他们说我什么,可既听不到也不好去问,结果坐立不安。我觉得太累了,就给妈妈和哥哥发了很长的短信,告诉我妈我的银行卡密码,吓得她赶紧给我打电话。接完我妈电话,我哭了一个晚上,真觉得要坚持不住了。”


  延伸采访


  律师:可做伤残鉴定 要求精神损失难


  记者查阅资料后发现,轻伤二级是指各种致伤因素所致的原发性损伤或者由原发性损伤引发的并发症,未危及生命;遗留组织器官结构、功能轻度损害或者影响容貌。


  北京市京师律师事务所律师王殿学告诉记者,该案是以寻衅滋事罪立的案,二级轻伤应该追究刑事责任。对于琳哒来说,因为是涉及刑事附带民事赔偿的案件,如果要主张精神损失赔偿,法院不一定会支持。但她可以主张医疗、误工、护理、营养、交通等费用,因为这件事情导致了一系列损失。


  王殿学说,琳哒的后续治疗包括后期手术、整容费用,都包含在医疗费里面,医疗费需要整体的功能恢复正常。


  从目前的情况来看,有可能存在法院判决赔偿后,但对方如果拒赔或者赔不起,王殿学建议,琳哒可以去申请国家救助资金,“如果琳哒对鉴定结果不认可,可以申请重新鉴定,也可以去做伤残鉴定。”


  案件回放


  丽江游遭暴打 女子脸被酒瓶划毁容


  1月24日晚,网友@琳哒是我在微博发帖称,2011年11月11日,她在丽江游玩时被一群男子无端殴打,伤势严重导致毁容,并发布了几张自己受伤的照片。


  1月25日中午,@云南丽江警方发布关于“丽江发生打人事件”调查情况的通报,称主要嫌疑人已被警方控制,称董某某(琳哒)的伤情,根据《人体损伤程度鉴定标准》4.2.2条,以容貌损害或者组织器官功能障碍为主要鉴定依据的,在损伤90日后鉴定。


  1月25日晚,记者连线当事人琳哒。她称但凡对她公平一些,她也不至于这么绝望。她本打算和男友结婚,因为这件事情和男友分手。准备开店的计划也搁置了。


  1月26日下午,记者获悉,丽江警方到珠海给琳哒重新做了笔录,并对其伤口做了初检。检查完,让琳哒签字被拒绝。琳哒说,她在广州住院的时候,医院量出她最长的伤口是6厘米,昨天法医量的是5厘米,这让她没办法签字。


  1月27日中午,云南省丽江市政府新闻办通报了“丽江打人事件”的最新进展:涉案的和某松等6名犯罪嫌疑人已被公安机关刑事拘留。


  2月4日,丽江警方再次前往珠海去给琳哒做笔录。


  2月9号,云南丽江市古城区委宣传部官方微博@古宣发布通报“丽江女子被打”案件进展情况,称6名嫌疑人以涉嫌寻衅滋事罪被批捕。


  2月11日,是丽江警方通知琳哒前去做伤情鉴定的日子,但琳哒表示,她不会去丽江做伤情鉴定。


  2月12日,琳哒进行伤情鉴定。


  2月21日,丽江古城分局出具伤情鉴定书,鉴定琳哒的伤情为轻伤二级。


  2月23日,琳哒表示正在考虑去做伤残鉴定。


  文/法制晚报记者 张蕊



>责任编辑:张迪





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