今天(4月10日),湖南省長沙市中級人民法院依法對宋雨明故意傷害案二審宣判,裁定駁回上訴,維持原判。
長沙市嶽麓區人民法院一審認定:
2023年9月6日16時許,宋雨明開展課後服務期間,在多次制止、管束學生喧鬧無效後,將半截三角尺扔向一吵鬧學生,砸中該生前座劉某辰額部,致劉某辰重傷、九級傷殘。
On Sep 6, 2023, at around 4:00 pm, Song Yuming, while providing after-school services in a classroom of a fourth grade student at a primary school in Yuelu district, Changsha city, after multiple attempts to stop and control student noise, threw a half triangular ruler at a noisy student and hit the forehead of the student sitting in front of him, causing serious injury and ninth grade disability to that student called Liu.

一審認為,被告人宋雨明故意傷害他人身體,致人重傷,其行為構成故意傷害罪。宋雨明身為教師,對未成年學生實施傷害,影響惡劣,應依法從嚴懲處。宋雨明有自首等從輕情節,依法可從輕處罰。學校依法承擔侵權責任並已足額賠償受害人。
The court held that the defendant Song, as a teacher, caused harm to underage students and had a negative impact, and should be severely punished according to law; at the same time, Song has committed voluntary surrender and other lenient circumstances, which may result in a lighter punishment according to law; the school has taken legal responsibility for infringement and fully compensated the victims.
一審判決:被告人宋雨明犯故意傷害罪,判處有期徒刑五年,禁止其從事密切接觸未成年人的工作;駁回附帶民事訴訟原告人劉某辰的附帶民事訴訟請求。
The court publicly announced the verdict of the first instance of the intentional injury case against Song Yuming in accordance with the law, sentencing the defendant Song Yuming to five years in prison for the crime of intentional injury and prohibiting him from engaging in work that closely contacts minors; simultaneously reject the incidental civil lawsuit request of the plaintiff Liu Mouchen.
宣判後,宋雨明、劉某辰均提出上訴。長沙市中級人民法院依法訊問了被告人,聽取了其他當事人、辯護人、訴訟代理人的意見,經審理後認為,一審判決認定事實清楚,證據確實、充分,定罪準確,量刑適當,審判程式合法,依法作出前述裁定。
來源:央視新聞
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