"Yue" boy refused to arrest after convicting the police

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Written by: Li Huina

2020-06-15 18:34

A 19-year-old boy wearing a shirt with the word "Yue" was accused of refusing to arrest after attacking a police officer with a stick in North Point during the revision exercise in September last year. During the period, there was intense entanglement. The police officer said that the teenager not only tried to climb the board, He stretched out his hand to grab the baton, and did not let go until he was pulled. After the prosecution provided evidence this morning, the juvenile did not defend himself and summoned the witnesses of the defence. Explained that the police had to subdue the accused in various ways. The magistrate also decided to obtain the background and the report of the labor camp for the defendant first, and then adjourned the case to sentence on the 30th of this month. The defendant immediately returned.

The defendant, Chen Yijin, admitted to assaulting the police and possession of offensive weapons, but denied the charge of resisting arrest. (Profile picture)

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The defendant, Chen Yijin (age 19, student of IVE), was charged with one count of assault on the police, one count of possession of offensive weapons in public places, and one count of refusing arrest. He had earlier pleaded guilty to assaulting an inspector and possessing a telescopic aluminum rod, but denied resisting police officer Mo Zhulin.

The police officer Mo Zhulin alleged that a group of people ran to the back lane of the Qihai Commercial Center at about 10:30 that night. When he followed, he saw the defendant running head-on from the center entrance. Two police officers were behind him. He saw the defendant try to climb to the fence, during which he pushed down to stop his senior superintendent, Lin Hongchuan. Mo thought that the defendant had attacked the police and resisted violently, and then beat his lower limb with a baton.

When he could not match the defendant, he continued to resist. Mo once pulled the defendant's neck from the back, and the defendant reached out to grab the long baton that Mo was holding. When the police tried to handcuff, the defendant still struggled and ignored the warning. Mo then took out the pepper spray It was sprayed twice on the defendant's mouth and nose, but it remained ineffective.

The defendant continued to resist the police officer before using force

Magistrate Xiang Shuxian said in the ruling that all the police witnesses' confessions were clear, and the key plots coincided with each other. Although the testimonies of two of them were slightly different, Xiangguan believed that the incident occurred in the electric light flint, from where he was. It is understandable to see different situations visually, and the relevant matters do not affect the reliability of police witnesses.

Xiang Guan pointed out that the defendant attacked the policeman with an aluminum rod, causing him to be pursued by other policemen, but he kept resisting, so that the policeman used force. The policeman hit his thigh with a baton. It was reasonable force, and the injury was only red and swollen. .

Defendant Kong Wuli repeatedly persuaded not to listen

The official said that the police have issued warnings to the defendant repeatedly and repeatedly. The defendant must understand that he will be arrested, but he is still struggling. In an emergency, the police faced Kong Wu's powerful and repeated persuasion. The defendant could not explain to him in good faith. The defendant's ten fingers were used to resist arrest, and the police had to apply pepper spray to subdue the defendant with pressure. The defendant's tenacious resistance broke his head.

"Yue" boy involved in arrest after attacking the police｜Police said the defendant had wanted to rob the baton to confess to the use of pepper spray

"Yue" Juvenile Involved in Refusal of Arrest｜Police Officer Defends that the Defendant Reached for the Baton

Fugitive Offenders｜Primary school teacher was intercepted and found guilty of assaulting police officer

After pleading, I learned that there were water sacs

When the defense pleaded, it was revealed that the defendant said in the pleading letter that he had made introspection and understood that violence is not a solution to the problem, which would only cause a vicious circle. He also said that after the incident, he learned that there were water sacs in the brain, and if the wound was slightly offset , He may be in danger. He said that the incident affected his schooling and health, and even worried his parents. The defense stated that the defendant suffered moderately serious head injuries during the incident.

The magistrate believed that there were a number of factors for increasing the sentence, including the defendant hitting the policeman 5 times with aluminum rods, the intensity was not light, and the defendant suspected that the police prevented the police from pursuing the pursuit. The defendant should be glad that the policeman was wearing protective equipment and did not suffer serious injuries. For the time being, imprisonment is considered a suitable penalty.

Case number: ESCC2146/2019