At about 11:00 a.m
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on January 5, 2019, a bamboo scaffold of a residential building under construction slipped in Keshan village, Dayang Township, Hanjiang District, causing a falling accident
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After the accident, the main party and government leaders of Putian City and Hanjiang District immediately rushed to the scene to command the emergency rescue work
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A total of 8 ambulances and 22 medical staff were dispatched to participate in the rescue
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Five people died in the accident (one died after being sent to hospital for rescue) and five people were injured
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At that time, the incident caused widespread concern
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Recently, the people’s Court of Hanjiang District published a judgment related to the incident, in which Lin mouqiong, Lin Moudao, Lin mouxing and Chen Moufang were sentenced for the crime of major accident
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At the end of September 2018, without the approval of the application for building a house, Lin decided to build a house on the land in Hanjiang District of Putian City, and entrusted Lin Mou Dao and Lin Mou Qiong, who are not qualified for building construction, to be responsible for the construction of formwork and slurry respectively
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In the meantime, in the process of erecting the formwork, no effective tie was carried out, resulting in the lack of overall stability of the frame
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On January 3, 2019, after receiving the construction suspension notice issued by the land and resources office and village construction station of Dayang Township, Hanjiang District, Lin still directed the field personnel to continue the risky operation
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On January 5, 2019, according to Lin’s arrangement, the top attic was to be grouted and capped on the same day
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Lin and Qiong gathered the victims who also did not have construction qualification, such as Lin 1, Liu 1 and Jia, through the victims Lai and Chen
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They went to the above places for slurry construction
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Lai and Chen managed the workers involved in the construction
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In the process of construction, Lin, Lin, Lin and Chen violated the objective law, pouring columns, beams and slabs at the same time, and did not take symmetrical pouring for the inclined roof, which led to the collapse of the above building under construction at about 11:00 on the same day, and then the scaffolding fell down, resulting in the fall of on-site personnel, resulting in the construction victims Lin 1, Lai 1 and Liu 1 Five people died, including Jia, Ke and CAI, Chen, Lin, Yan and Zhang
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According to the people’s Government of Hanjiang District, Putian City, the accident caused a direct economic loss of 3.5 million yuan
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After investigation, the accident investigation team believes that the direct causes of the accident are: unbalanced force on the supporting system of the inclined roof of the civil house under construction, discontinuous force transmission, no tie to form an overall force, poor overall stability of the frame, and no symmetrical and effective way for the characteristics of the inclined roof during concrete pouring, resulting in local instability of the formwork, collapse and overturning of the supporting system of the formwork, causing external wall collapse The secondary collapse of the scaffold; the indirect reasons include: confusion of on-site construction management, incomplete house building procedures, unauthorized construction, incomplete house building procedures, unauthorized construction inspection is not in place, etc
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After the incident, Lin mingmou road and Lin mouqiong were arrested by the public security organ on January 10, 2019
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Chen and Lin voluntarily surrendered to the public security organs on January 18 and May 9, 2019, respectively
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Lin Mou Qiong, Lin Mou Dao, Lin Mou Xing and Chen Mou Fang have compensated the family members of the victims Lai Mou, Liu Mou 1, Liu Mou 2, Lin Mou 2 and Lin Mou 1 as well as Jia Mou, Ke Mou, Cai Mou 2, Chen Mou, Lin Mou 3 and Yan Mou for a total of 2.6 million yuan in economic losses
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Lin Mou Qiong, Lin Mou Dao and Lin Mou Xing all obtained the family members of the victims Lai Mou, Liu Mou 1, Liu Mou 2, Lin Mou 2 and Lin Mou 1 and the victims The victim Jia, Ke, Cai 2, Chen, Lin 3, Yan understanding, Chen Fang obtained the victim Jia, Ke, Cai 2, Chen, Lin 3, Yan understanding
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The Hanjiang court held that the defendants, Lin mouqiong, Lin Moudao, Lin mouxing and Chen Moufang, violated the relevant safety management regulations in the process of production and operation, resulting in a safety accident that resulted in five deaths, multiple injuries and direct economic loss of 3.5 million yuan
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The circumstances were particularly bad, and the actions of the four defendants constituted the crime of major accident
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The four defendants shall be given heavier punishment in accordance with the law if they carry out construction without obtaining safety license according to the law
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The defendants, Lin Mou Xing, Lin Mou Dao and Lin Mou Qiong, as the owner of the house under construction, the person in charge of the formwork construction and the person in charge of the muddy water construction, respectively, are responsible for the safety, management and command of the construction project, but they fail to perform their duties and neglect the management
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The three defendants are relatively more responsible than the defendant, Chen Mou Fang, and the court will punish them according to their respective responsibilities
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The defendant Lin had a criminal record and was given a heavier punishment as appropriate
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The defendants, Lin Mou Xing and Chen Mou Fang, voluntarily surrendered to the public security organ and were able to truthfully confess their crimes after the case was brought to justice
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They all surrendered themselves and were given a lighter punishment according to law
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The defendants, Lin Mou Qiong and Lin Mou Dao, who truthfully confessed their crimes after they came to the case, were given a lighter punishment according to law
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The defender’s defense opinions on the defendant’s confession of Lin and Chen were accepted
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According to the defense opinion of the defender that the defendant Lin Yiqiong surrendered himself, after investigation, the defendant Lin Yiqiong did not voluntarily surrender to the public security organ, but was summoned to the case by the public security organ at his home
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Therefore, the defense opinion of the defender in this section is inconsistent with the facts found out, cannot be established, and will not be adopted
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4
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After the safety accident, the defendant actively organized and participated in the rescue of the accident, actively cooperated with the investigation, and jointly compensated for the economic losses of the family members of the dead victims and other injured victims
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The defendants obtained understanding respectively and were given lighter punishment as appropriate
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The defense opinion of the defender about this section is established and accepted
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Considering the facts, circumstances, social harmfulness and penitence of the defendants Lin, Lin, Lin and Chen, the court applies probation to the defendants Lin, Lin and Chen
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The defense opinion of the defender on this section is established and accepted
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The defendants, Lin mouqiong, Lin Moudao, Lin mouxing and Chen Moufang, should accept community correction according to law, consciously transform themselves, return to society, and not be allowed to leave the country during the probation period
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Accordingly, Hanjiang court made the following judgment: 1
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The defendant Lin ZhaoQiong was sentenced to three years’ imprisonment and four years’ probation for the crime of major accident (the probation period of probation is calculated from the date of the judgment); 2
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The defendant Lin Mingdao was sentenced to three years’ imprisonment and four years’ probation for the crime of major accident (the probation period of probation is calculated from the date of the judgment); 3 Lin Yuanxing, who committed the crime of serious accident, was sentenced to three years’ imprisonment and three years’ probation (the probation period of probation shall be calculated from the date of determination of the judgment); 4
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The defendant Chen Wenfang, who committed the crime of serious accident, was sentenced to three years’ imprisonment and three years’ probation (the probation period of probation shall be calculated from the date of determination of the judgment)
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Source: comprehensive China judicial documents network, Putian network police inspection and law enforcement, micro blog scan QR code to understand Putian News advertising cooperation, wechat qiu009 qiu009.
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