Case! One person died in the absence of mechanical safety protection, and the deputy general manager was sentenced to probation for one year!

Sanyuan District People's Court of Sanming City, Fujian Province

Criminal judgment

(2017) Min 0403 Criminal First No. 10

Public Prosecution Office Sanyuan District Sanyuan District People's Procuratorate.

Defendant Huang Moumou, male, September 22, 1945 was born. On suspicion of committing the crime of major liability accident on October 14, 2015 was released on bail three yuan in Sanming City Public Security Bureau. August 17, 2016 by Sanyuan District, Sanming City People's Procuratorate decided to bail.

Defenders Chen Yutuan and Zheng Liping, lawyers of Fujian Hui Hui Law Firm.

Sanyuan District Sanming City People's Procuratorate Criminal procedure dollar check indictment [2016] No. 141 charged the accused Huang Moumou guilty of major accidents, on January 16, 2017 this court prosecution. The court opened the case on the 22nd of the month , applied the summary procedure, formed a collegiate bench according to law, and opened the case to hear the case. Chen Di, the procurator of the Sanyuan District People's Procuratorate in Sanming City, appeared in court to support the prosecution. The defendant, Huang Moumou and his defender, Chen Yutuan, attended the lawsuit. The trial has now been completed.

The prosecutor accused: at 8:50 on December 21, 2014 Xu, Sanming City, Fujian mountain new concrete Group Co., Ltd. Zhou Moumou workers because broken section spiral sand washing machine without safety facilities led to the fall in the job process Spiral sand washer died inside. The Sanyuan District People's Government accident investigation team found that the accident was a major liability accident. After the accident, Sanming City Fuxin Group Shanxi Concrete Co., Ltd. paid the compensation of RMB 800,000 for the funeral expenses of the family of the deceased Zhou and obtained the understanding of the family of the deceased Zhou.

The defendant, Huang Moumou, was the deputy general manager of Sanxi City Fuxin Group Shanxi Concrete Co., Ltd., who was specifically responsible for the daily management of the company. He did not carefully organize safety production supervision and inspection at the job site and did not discover and eliminate hidden accidents in time. Personnel safety education and training are not in place, and pre-job safety education and training have not been implemented. They have direct responsibility for the occurrence of this accident.

October 14, 2015, the accused was summoned for questioning Huang Moumou public security organs.

According to the above facts, the defendant, Huang Moumou, had no objection in the trial process. He also had the personal information of the defendant Huang Moumou, the inquiry list of crimes and crimes, and the Sanyuan District People's Government about agreeing Sanming City Fuxin Group Shanxi Concrete. Co., Ltd. " 12.21 " Reply to the General Production Safety Incident Investigation Report, Sanming City Fuxin Group Shanxi Concrete Co., Ltd. " 12.21 " General Production Safety Incident Investigation Report, Letter of Understanding, Certificate, Work Injury Compensation Agreement, Cremation Certificate, Business License, Organization structure code certificate, safety production system, production safety management methods, crusher safety operation procedures, stone broken wage settlement statement, acceptance of evidence materials list and other evidence; witnesses Yu Moumou, Gao Moumou, Guo Moumou testimony; defendant The confession and defense of Huang Moumou; the defendant Huang Moumou's case was confirmed by other evidence.

Defendant Huang’s defender put forward the following defense opinions: 1. The defendant Huang’s crime was lighter and the company’s safety production was rectified afterwards; 2. The defendant, Hwang Mou’s self-accused plot, pleaded guilty and sincere, penitent Sincerity; 3. The defendant Huang Mou certain age is high and there is no danger of committing another crime. In summary, it is recommended that they be given a lighter punishment and apply probation.

This court held that the defendant, Huang Moumou, violated the provisions of safety management in production and operations, resulting in a major accident, resulting in the death of one person. His behavior constitutes a major liability accident. The facts alleged by the public prosecutor's office were clear, the evidence was true and sufficient, and the charges were established. The defendant, Huang Moumou, automatically surrendered after committing a crime. Truthfully confessing his crimes, he surrendered himself and could be punished lightly. The defendant, Huang Moumou, actively compensated for the financial loss of the relatives of the victim after the accident. He had obvious penitence, and he punished him as he liked. The public prosecution office proposed to adopt the sentencing suggestion of the defendant Huang, who punished him lightly and applied probation. To synthesize the facts of the defendant's crimes, the nature, the circumstances of the crime, and the degree of harm to the society, in accordance with Article 134 of the Criminal Law of the People's Republic of China, and the first paragraph of Article 67, The provisions of Articles 61, 72, 73, 75, and 76 are as follows:

The defendant, Huang Moumou, committed a serious liability accident and was sentenced to 10 months imprisonment and a suspended sentence of one year.

If you do not accept this judgment, you may appeal to the Intermediate People's Court of Sanming City directly or through the Court within 10 days from the second day of receiving the judgment. Written appeals should be submitted with one original copy of the appeal and one copy.

Presiding judge Bao Huabin

Judge Cheng Cheng?

People's assessor Wu Zexiang

February 27, February 17, 2007

The clerk