Original title: because 10 years ago, an old grieved man was sentenced to pay money after digging a tomb and raising ashes.
Legal Evening News, Hong Xue (news reporter) Tongzhou District Jia Mou because of an old grievances ten years ago, unexpectedly made grave excavation, and violated human relations ethics. The case became the first case in Beijing after the crime of Deliberately Destroying ashes.
10 months after Jia Mou was convicted of the intentional destruction of the ashes, the families of the deceased had brought a civil lawsuit and asked Jia and the village committee to compensate for the cost of economic and mental losses to more than 5.8 yuan.
On the morning of July 12th, the court of Tongzhou made a trial decision. Jia made a compensation of 2600 yuan for the families of the dead and 50 thousand yuan for the spiritual comfort, and apologized to the plaintiff and eliminated the influence in the village committee of the village.
Chang Jia and Jia Jia live in the village east and West. One day in 2006, Jia's father opened a motorcycle and knocked down his wife, Mrs Chang. Because of the compensation problem, the two families were very unhappy at that time. After the mediation of the same village, Jia father lost 3500 yuan.
Jia believes that money has been stolen and has always been brooding. About ten o'clock that night when the old man was buried, Jia came to his grave quietly after drinking, opened the lid of the tomb, and robbed the urn. Later, he drove to a road in the north of the village and threw the urn out of the window.
When the family members of the old man passed by, they saw the photos on the urn and informed their family members. Most of the ashes have been nowhere to be found after the storm and the rolling of the vehicle the day before.
Jia was sentenced to 10 months for deliberately destroying ashes. After a consultation with Jia, the old Han family appealed to the court to claim 58765 yuan for the losses of Jia Mou and the village committee for the indemnity of the bone ash box, medical fee and mental damage soothing, and asked the court to make a public apology to the relatives of the old Han in the village.
Before the trial, the judge went to the guard to meet Jia, and Jia said he did not agree to compensate for any loss of the old Han's family. He said he had been penalized and would not apologize to his family.
Tongzhou court believes that, from the perspective of social ethics and Chinese traditional thought, it violates the public order and good customs, is a violation of the dignity of the deceased, and has also caused great trauma to the spirits of the families of the deceased. Jia should apologize to the plaintiff and compensate for the loss of the casket and the mental solatium.
With regard to the amount of mental damage soothing gold, the court believes that Jia's behavior of throwing ashes on the ashes of the bone is abominable, and the court supports the plaintiff's claim of 50 thousand yuan of spiritual comfort in connection with the degree of fault, the means of conduct, the consequences and the average living standard of the region.
According to the facts identified, the cemetery is a semi closed public cemetery built in the village and free of charge for the villagers. In this case, the plaintiff has not provided evidence to prove that the village committee has fault or gross negligence for the occurrence of the tort and the consequences of the damage. After the incident, the village committee assists the families of the deceased to deal with the funeral, and the village committee has done the duty of the good manager of the village cemetery, so the plaintiff requires the village committee to bear the joint responsibility and the court will not support it.
Editor in responsibility: Zhang Yu
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