Traffic police were beaten and awarded 1.43 million compensation, the court ordered to return


2022-06-25: [Chinese Article Link]  During the course of their official duties, the traffic police suffered minor injuries as a result of clashes over the use of private spaces and the owner of the vehicle, who received a letter of understanding in the amount of R$143,000 in compensation and promised not to hold the owner legally liable. Since then, the prosecution has charged the owner of the vehicle with the offence of obstruction of official duties, and the owner of the vehicle has brought the case before the court for the “concealment of injuries” on the grounds that he was suspected of fraud. In recent days, the Cantonal Court of Shandong Province, in the first instance, ruled that the police officer in question had returned the plaintiff's compensation of 1430,000 Yuan. The court of first instance decided on the return of the compensation paid by one of Wang's 1436000 Yuan. The client states: There's a conflict over taking a private car while the traffic police are getting out of the garage. Mr. Wu is the head of a private enterprise in the city of Linyi, Shandong Province, who is 65 years old this year. Mr. Wu recalled that, on the evening of 18 October 2018, after the company's reception mission, the driver, Cao-Xiao, the deputy director of the office, Kang-Xiao, and the deputy chief of staff took him back to the district. At approximately 8.30 p.m., at the garage in the quarter, he saw a police car parked in his parking area, with several people wearing police uniforms and others not wearing police uniforms. “After getting off, I said that this was my private car, and I told the police car to move it.” Mr. Wu said that the police driver was very good and moved forward as soon as he got in the car. “As the police car was about to be moved out, a man wearing a police uniform and not wearing a police hat came from a distance and shouted at the police car: "Don't move it, go back!" After hearing the man's order, the police car, which was three or four metres away, went back to my seat. He's in the garage at the scene of the crime. Mr. Wu said that he was on fire at the time, using his alcohol, and said, "The other side has neither a clear identity nor an indication of what it means, saying to the civilian police in the police car, `Take hot pepper water'. As soon as I heard it, I was a suspect.” Mr. Wu said, with anger, he opened the stainless steel cup with his hand, threw the water at the people and then threw the glass at each other, and the two clashed. Mr. Wu was later informed that the man who had clashed with him was Mr. Wang, who was the director of one of the squadrons of the border police unit of the P.S.P.D. in P.I. Mr. Wu said that, when they were separated, he was pushed to the car by the deputy director of the company's office, and he was not on board. At that time, one of Wang's men also came and refused to let him go, and the two were torn together, while the others of the company pulled up, the other one fell to the ground, and then they left in a car. Intermediary coordination: After the owner of the car compensated the traffic officer for more than $143,000, the other party issued a letter of understanding. After the incident, Mr. Wu learned through an intermediary that during the conflict the cross-elastic strip of one of the king's left knee joints had broken and several soft tissue injuries, including his face and his hands, had been treated in Beijing. “I regret to learn that some of the King's injuries were more serious. If one of the Kings had a clear identity at the time, it would have been clear; if I hadn't had a drink that night, nothing would have happened that day.” Mr. Wu said that he had been a business for decades and that he could not have failed to cooperate with each other in enforcing the law if the other's identity and statements had been made. Mr. Wu explained that, after the incident, they apologized to Wang under the coordination of the intermediary and compensated him for the damages of over 143,000 yuan. On 27 December 2018, after receiving from the intermediary the sum of over 1,430,000 yuan in compensation, Mr. Wang gave him a letter of understanding in which he promised not to hold the four of them legally liable. In December 2018, once the compensation was in place, Mr. Wu received a letter of understanding from Wang. The journalist saw the following words in the letter of understanding provided by Mr. Wu: My name is Wang Hao, and is now a civilian police officer of the Police Department of the PSP of the city of Linjing. On 18 October 2018, at approximately 9 p.m., I was injured by four persons, Wu-Xiao, Yong-Xiao, Cao-Xiao and Kang-Xiao, while seizing a vehicle belonging to the Ministry of Public Security and allegedly in violation of the law, resulting in the fracture of the left knee joint, multiple soft tissue injuries, including on the face, hands and so forth, and on 1 November at the Third People's Hospital at Beijing University, where I took my own elastic belt and reconstructed it and is now recovering from surgery. After the incident, four of the persons concerned, through their relatives, reconciled with me several times and apologized to me for their mistakes, and through their relatives, we agreed that the payment of compensation for the physical and mental damage caused to one of the victims, in addition to the reimbursement of medical expenses, had been made voluntarily by four of the persons concerned. In view of the fact that one of the four members of the armed forces was guilty of error, was aware of his mistake and was offered positive compensation, I understood the physical harm they inflicted on me and no longer held legally responsible for one of the four members of the armed forces. The court found that: It's true that the two sides were involved in a brawl and that there was a history of surgery on one of the king's left knees eight years ago. Mr. Wu and his family have always maintained that they have compensated Wang for over 1.43 million yuan, and that the King has slightly injured him, so that their actions do not constitute a crime. It was not expected that more than a year after the public security organs opened the case, they were summoned, detained and placed on bail for trial. Mr. Wu reported that, in February and March 2020, he and some of Cao had been placed in criminal custody and placed on bail pending trial for alleged offences against public service, and in March 2020, the Lanshan Division of the PSB of the city of Lilgi transferred the case to the Ranshan People's Procuratorate of Pilgrim City for examination and prosecution for alleged offences against public service. During this period, the Public Prosecutor's Office returned the case to the public security authorities for additional investigation on several occasions; in March 2021, he and three other persons were arrested and placed on bail for illness. In August 2021, the Office of the Public Prosecutor of Monchou County, Shandong Province, filed a public indictment against Kang-Xiao. The prosecution alleges that, on 18 October 2018, at around 2000 hours, the accused Kang and Wu-Xiao et al. (also dealt with in another case), in an underground parking lot in the Mount Land of Pilgrim City, prevented one of them from carrying out his official duties by verbal insults, pushes and fights against a member of the police station, a squad of police officers of the Police Department of Pilgrim City, Wang and others, as well as police officers of the Red Harbor Police Station of the Lansan Division, from carrying out a special campaign by the Ministry of Public Security to combat the offences committed by false card sets. Of these, one of the accused had committed an act of verbal abuse against a civilian police officer, which resulted in the fall of one of the members of the traffic police and the kick of one of the traffic police officers, Liu, who was identified as having suffered minor injuries. In the prosecution's view, an accused person who, in a violent and threatening manner, obstructs the performance of official duties by State agents in accordance with the law should be held criminally liable for the offence of obstruction of official duties. On 18 October 2018, at 1900 hours, the court found that Mr. Wang, the director of a squadron of the border police unit of the Pilgrim City Public Security Bureau, and other police officers, had been driving a police vehicle marked as “transit police service”, and had gone to the garage in a sub-district of the Mount Lang province to investigate vehicles suspected of being identified by the authorities concerned as placards. At the time of arrival, the officers parked the police car directly in a private car next to the suspect vehicle. After stopping, some of the personnel left the suspect vehicle and some of the personnel remained at the scene. At about 2030 hours on the same night, Moo-Xiao, accompanied by the deputy director of his company's office, Mr. Kang, arrived together in a car and parked the vehicle in front of the police car. When one of Wu found out that a private car had been occupied, he was angry and angry and ordered to immediately remove the police car that occupied the car, while the remaining police officer was preparing to remove the car, the other driver withdrew the vehicle for a few metres. At this point, some of the officers of the traffic police came to the scene from the footstep and found out that they had been heard when they had agreed to take measures. One of Wu's hot water will be poured on one of the kings with stainless steel cups, after which one of the kings will be entangled with the other. One of the accused, one of them, helped and pushed the other, pulled the other, and one of the other, fell to the ground twice in a row and suffered multiple injuries on his fingers and knees. In order to prevent others, one of the accused, one of the plain-clothes officers working together, kicked and kicked, after which one of the men, Wu and Kang, left. On 31 November 2018, at the University of Beijing's third subsidiary hospital, Wang needed surgery to break his left knee cross-elasticity, and his medical records state that he had a history of broken left knee cross-elasticity eight years ago. On 27 October 2021, the Monchou County Court, in first instance, sentenced Hong Hiao to eight months'imprisonment for obstruction of official duties, together with previous offences of omission, and decided to impose one year and eight months'imprisonment. The appeal was dismissed on 2 March 2022 by the Second Chamber of the Central Court of Pilgrim City, which upheld the sentence. A wave of misalignment rises again: After being prosecuted, the owner of the car sued the traffic police for compensation of 1,430,000. Mr. Wu's lawyer informed the journalist of the China Business Press that on 29 April 2022, the Office of the Public Prosecutor of Monchou County brought charges against Mr. Wu, Yong and Cao for offences against public service, and that the court had not yet opened its proceedings. According to the counsel, after the incident, Mr. Wu compensated Mr. Wang by having informed Mr. Wu, through an intermediary, that he was seriously injured and that he needed to be re-established, and by stating clearly in the letter of understanding that he no longer held Mr. Wu and others legally liable. According to Mr. Wu's family, on 13 December 2018, prior to the conclusion of a compensation agreement between the two parties, the relevant authorities had made a judicial assessment of a minor injury to Wang, but the findings were not known to them until 8 February 2020. “We believe that it would be fraudulent for one of Wang's clients to ask us for a high sum of more than 1.43 million, knowing that he was slightly injured and that he was old, and that, in 2020, he continued to reflect his family's involvement in the commission of a crime, in violation of the mediation agreement. In Mr. Wu's view, one of Wang's frauds, such as concealment of the cause of the injury, claimed through an intermediary a much higher amount of compensation than the actual loss, which led him, at the time unknown, to send 1436,000 Yuan to one of the King's designated accounts for the sake of peace. “It is in this context that I brought an indictment against one of the kings before the Court, seeking the release of the letter of understanding I had signed with him and the return of $1436,000 Yuan and the interest earned during the period in excess of $220,000.” The Court of First Instance ruled: Commodore involved in the return of compensation of 1,430,000, and it is not clear whether or not the person has appealed During the hearing, the traffic police argued that there was no factual or legal basis for Mr. Wu's request for the release of the letter of understanding signed with him, and that he did receive compensation for Mr. Wu's 1436000 Yuan, but that the payment was made on behalf of the complainant and a close relative of the person suspected of obstructing his official duties, acting after the incident, to apologize to him and ask for the payment of the compensation in the form of an understanding, and that there was no factual or legal basis for the return. The original defendant had no objection to the fact that the Kanan County Court of Shandong Province changed the case by law to a contractual dispute, on the basis of the facts established. The court held that a letter of understanding issued by one of the defendants was based on its unilateral intent that the defendant was not entitled to claim the withdrawal or elimination of the understanding itself and that the amount of $1436,000 Yuan in the case was the result of an agreement for compensation entered into by the original defendant, so that the plaintiff claimed that the exercise of the right of avoidance and the right of release should in fact be the object of an agreement for compensation between the original defendant. The Court held that the relevant provisions of the Civil Code provided that the author of a civil legal act committed on the basis of a significant misunderstanding had the right to request its annulment by a court or arbitral institution... The perpetrator could prove that there had been a significant misunderstanding in the performance of the civil law act and requested the annulment of the civil law act, which was upheld by the Court in accordance with the law. In the present case, the plaintiff claimed that it was not until April 2021 that the plaintiff's defence learned of the fact that one of the defendants, Wang, had had a history of cross-resilience surgery on his left knee eight years before the incident, as well as diagnostic treatment and advance payment of 30,000 Yuan for surgery at Beijing University Hospital III. At the same time, the plaintiff stated that “the facts described above demonstrate that the injuries and the causes were considered to be serious by the plaintiff at the time the understanding was reached and that the actual situation was that one of them constituted only minor injuries and that it was not costly to perform surgery, examination and care” and that “after the incident, the plaintiff actively compensated one of the kings for the fact that it had caused injuries to one of his legs and that the injuries were serious and could amount to minor injuries above the second degree and that the costs of treatment and follow-up care were high”. It follows from this fact that, when the plaintiff and the defendant agreed to pay compensation, the civil act of reimbursing the defendant for the sum of €143,000, because the plaintiff was not aware of certain injuries and expenses incurred by the defendant, met the elements of a significant misunderstanding, and that the agreement between the plaintiff and the defendant to pay compensation of €1436,000 Yuan should be set aside. With regard to the plaintiff's request for the defendant to pay over $220,000 in interest on the funds occupied, the court did not support the plaintiff's claim because the subject of the material misunderstanding was the person who expressed his own fault and not the relative, i.e. the reason for the material misunderstanding was the plaintiff's own. In the recent past, the Court of First Instance of Xuannan County, Shandong Province, ruled as follows: The defendant, Wang, returned a certain sum of 1436,000 Yuan to the plaintiff within ten days of the date of the entry into force of the present judgement; the plaintiff, Wu, was dismissed from other claims; and the fee for the hearing of the case, 17724 Yuan, was borne by one of the defendants. “The first instance judgement is a fair and impartial one, and I accept it.” On 23 June, Mr. Wu told journalists that the case was currently on appeal and that it was not known whether the other party was appealing. On 23 June, in the afternoon, journalists contacted Wang and the telephone was never answered. In the afternoon of the same day, one of Wang's lawyers told the Chinese merchant reporter that he had no fraudulent elements in the case and that he did not comment on the outcome of the first-instance judgement, and it was not clear that he had not yet been entrusted with an appeal. Third-party lawyer: The decision of the court of first instance is in accordance with the law and shows fairness. What are the levels of trauma determination, to what extent can the prosecution institute a public prosecution and what is the effect of the letter of understanding on sentencing? After the signing of the understanding, could a party apply for the withdrawal of the understanding if the accused continued to be held criminally liable or if that circumstance was not taken into account when the judicial authorities imposed the sentence? With regard to the legal aspects of the case, the China Business Press interviewed Yoo Koon-sung, a lawyer at Tsezawa law firm in Shandong. In criminal law, the degree of bodily injury is classified into three levels, with minor injuries, minor injuries and serious injuries, and the extent to which the injury constitutes a criminal offence, with different provisions for different offences. In a typical case of intentional injury of more than one minor injury, criminal liability is incurred, and both minor injuries and more than one minor injury can be established. According to the St. Liukong, in criminal cases where there are victims, such as cases of intentional injury, cases of traffic accidents, if the accused can actively compensate the victim for economic loss, the majority can obtain the understanding of the victim, and the people's courts can lighten the punishment of the accused, with a majority of eligible persons applying non-custodial sentences. As for the fact that, after the signing of the understanding, the accused continued to be held criminally liable or that the judicial authorities did not take that circumstance into account in sentencing, could one party apply to withdraw the understanding and ask the other party to return the compensation? The victim agreed to an understanding that, even if the sentence was not lightened, a party could not revoke the settlement agreement and ask the other party to return the compensation, if the parties reached a settlement on an equal, voluntary and legal basis. “In cases such as offences against public service, there is no reconciliation or understanding, since the object of the violation is the order of State organs governing society and there are no victims of natural persons. Even if a settlement is reached with an individual and an understanding is reached, the sentence will not be taken into account, and if there is a significant misunderstanding of the settlement agreement, a lack of fairness, a fraudulent coercion to commit a breach of the true intention, one party may apply to set aside the settlement agreement and ask the other party to return the compensation. With regard to the first instance judgement in this case, Liu Koon-sang stated that the court's decision was in conformity with the law and showed fairness: “The large amount of compensation paid by the accused was both a major misunderstanding and a manifest lack of fairness, provided that the accused mistakenly thought that the other person was a victim and that the injuries were more serious. After being held criminally liable for an offence against public service, there is every reason to ask the police officers involved to return the substantial amount of compensation.” In signing the agreement of understanding, the parties should take note of what matters should be in order to avoid similar disputes, and Ljuconcão stressed that when signing the settlement agreement, the parties should fully consult with professionals and have a more accurate expectation of the legal consequences that could be achieved as a result of the agreement. Reporter, China Business, Chen's scheme, editor, Yang Deok-hoon. (Call the China Business Newsline 029-8888000 if there is an explosion)


Note: This is a machine translated version of the Chinese news media article. A mature and nuanced reading is suggested.



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Traffic police were beaten and awarded 1.43 million compensation, the court ordered to return


2022-06-25: [Article Link]  During the course of their official duties, the traffic police suffered minor injuries as a result of clashes over the use of private spaces and the owner of the vehicle, who received a letter of understanding in the amount of R$143,000 in compensation and promised not to hold the owner legally liable. Since then, the prosecution has charged the owner of the vehicle with the offence of obstruction of official duties, and the owner of the vehicle has brought the case before the court for the “concealment of injuries” on the grounds that he was suspected of fraud. In recent days, the Cantonal Court of Shandong Province, in the first instance, ruled that the police officer in question had returned the plaintiff's compensation of 1430,000 Yuan. The court of first instance decided on the return of the compensation paid by one of Wang's 1436000 Yuan. The client states: There's a conflict over taking a private car while the traffic police are getting out of the garage. Mr. Wu is the head of a private enterprise in the city of Linyi, Shandong Province, who is 65 years old this year. Mr. Wu recalled that, on the evening of 18 October 2018, after the company's reception mission, the driver, Cao-Xiao, the deputy director of the office, Kang-Xiao, and the deputy chief of staff took him back to the district. At approximately 8.30 p.m., at the garage in the quarter, he saw a police car parked in his parking area, with several people wearing police uniforms and others not wearing police uniforms. “After getting off, I said that this was my private car, and I told the police car to move it.” Mr. Wu said that the police driver was very good and moved forward as soon as he got in the car. “As the police car was about to be moved out, a man wearing a police uniform and not wearing a police hat came from a distance and shouted at the police car: "Don't move it, go back!" After hearing the man's order, the police car, which was three or four metres away, went back to my seat. He's in the garage at the scene of the crime. Mr. Wu said that he was on fire at the time, using his alcohol, and said, "The other side has neither a clear identity nor an indication of what it means, saying to the civilian police in the police car, `Take hot pepper water'. As soon as I heard it, I was a suspect.” Mr. Wu said, with anger, he opened the stainless steel cup with his hand, threw the water at the people and then threw the glass at each other, and the two clashed. Mr. Wu was later informed that the man who had clashed with him was Mr. Wang, who was the director of one of the squadrons of the border police unit of the P.S.P.D. in P.I. Mr. Wu said that, when they were separated, he was pushed to the car by the deputy director of the company's office, and he was not on board. At that time, one of Wang's men also came and refused to let him go, and the two were torn together, while the others of the company pulled up, the other one fell to the ground, and then they left in a car. Intermediary coordination: After the owner of the car compensated the traffic officer for more than $143,000, the other party issued a letter of understanding. After the incident, Mr. Wu learned through an intermediary that during the conflict the cross-elastic strip of one of the king's left knee joints had broken and several soft tissue injuries, including his face and his hands, had been treated in Beijing. “I regret to learn that some of the King's injuries were more serious. If one of the Kings had a clear identity at the time, it would have been clear; if I hadn't had a drink that night, nothing would have happened that day.” Mr. Wu said that he had been a business for decades and that he could not have failed to cooperate with each other in enforcing the law if the other's identity and statements had been made. Mr. Wu explained that, after the incident, they apologized to Wang under the coordination of the intermediary and compensated him for the damages of over 143,000 yuan. On 27 December 2018, after receiving from the intermediary the sum of over 1,430,000 yuan in compensation, Mr. Wang gave him a letter of understanding in which he promised not to hold the four of them legally liable. In December 2018, once the compensation was in place, Mr. Wu received a letter of understanding from Wang. The journalist saw the following words in the letter of understanding provided by Mr. Wu: My name is Wang Hao, and is now a civilian police officer of the Police Department of the PSP of the city of Linjing. On 18 October 2018, at approximately 9 p.m., I was injured by four persons, Wu-Xiao, Yong-Xiao, Cao-Xiao and Kang-Xiao, while seizing a vehicle belonging to the Ministry of Public Security and allegedly in violation of the law, resulting in the fracture of the left knee joint, multiple soft tissue injuries, including on the face, hands and so forth, and on 1 November at the Third People's Hospital at Beijing University, where I took my own elastic belt and reconstructed it and is now recovering from surgery. After the incident, four of the persons concerned, through their relatives, reconciled with me several times and apologized to me for their mistakes, and through their relatives, we agreed that the payment of compensation for the physical and mental damage caused to one of the victims, in addition to the reimbursement of medical expenses, had been made voluntarily by four of the persons concerned. In view of the fact that one of the four members of the armed forces was guilty of error, was aware of his mistake and was offered positive compensation, I understood the physical harm they inflicted on me and no longer held legally responsible for one of the four members of the armed forces. The court found that: It's true that the two sides were involved in a brawl and that there was a history of surgery on one of the king's left knees eight years ago. Mr. Wu and his family have always maintained that they have compensated Wang for over 1.43 million yuan, and that the King has slightly injured him, so that their actions do not constitute a crime. It was not expected that more than a year after the public security organs opened the case, they were summoned, detained and placed on bail for trial. Mr. Wu reported that, in February and March 2020, he and some of Cao had been placed in criminal custody and placed on bail pending trial for alleged offences against public service, and in March 2020, the Lanshan Division of the PSB of the city of Lilgi transferred the case to the Ranshan People's Procuratorate of Pilgrim City for examination and prosecution for alleged offences against public service. During this period, the Public Prosecutor's Office returned the case to the public security authorities for additional investigation on several occasions; in March 2021, he and three other persons were arrested and placed on bail for illness. In August 2021, the Office of the Public Prosecutor of Monchou County, Shandong Province, filed a public indictment against Kang-Xiao. The prosecution alleges that, on 18 October 2018, at around 2000 hours, the accused Kang and Wu-Xiao et al. (also dealt with in another case), in an underground parking lot in the Mount Land of Pilgrim City, prevented one of them from carrying out his official duties by verbal insults, pushes and fights against a member of the police station, a squad of police officers of the Police Department of Pilgrim City, Wang and others, as well as police officers of the Red Harbor Police Station of the Lansan Division, from carrying out a special campaign by the Ministry of Public Security to combat the offences committed by false card sets. Of these, one of the accused had committed an act of verbal abuse against a civilian police officer, which resulted in the fall of one of the members of the traffic police and the kick of one of the traffic police officers, Liu, who was identified as having suffered minor injuries. In the prosecution's view, an accused person who, in a violent and threatening manner, obstructs the performance of official duties by State agents in accordance with the law should be held criminally liable for the offence of obstruction of official duties. On 18 October 2018, at 1900 hours, the court found that Mr. Wang, the director of a squadron of the border police unit of the Pilgrim City Public Security Bureau, and other police officers, had been driving a police vehicle marked as “transit police service”, and had gone to the garage in a sub-district of the Mount Lang province to investigate vehicles suspected of being identified by the authorities concerned as placards. At the time of arrival, the officers parked the police car directly in a private car next to the suspect vehicle. After stopping, some of the personnel left the suspect vehicle and some of the personnel remained at the scene. At about 2030 hours on the same night, Moo-Xiao, accompanied by the deputy director of his company's office, Mr. Kang, arrived together in a car and parked the vehicle in front of the police car. When one of Wu found out that a private car had been occupied, he was angry and angry and ordered to immediately remove the police car that occupied the car, while the remaining police officer was preparing to remove the car, the other driver withdrew the vehicle for a few metres. At this point, some of the officers of the traffic police came to the scene from the footstep and found out that they had been heard when they had agreed to take measures. One of Wu's hot water will be poured on one of the kings with stainless steel cups, after which one of the kings will be entangled with the other. One of the accused, one of them, helped and pushed the other, pulled the other, and one of the other, fell to the ground twice in a row and suffered multiple injuries on his fingers and knees. In order to prevent others, one of the accused, one of the plain-clothes officers working together, kicked and kicked, after which one of the men, Wu and Kang, left. On 31 November 2018, at the University of Beijing's third subsidiary hospital, Wang needed surgery to break his left knee cross-elasticity, and his medical records state that he had a history of broken left knee cross-elasticity eight years ago. On 27 October 2021, the Monchou County Court, in first instance, sentenced Hong Hiao to eight months'imprisonment for obstruction of official duties, together with previous offences of omission, and decided to impose one year and eight months'imprisonment. The appeal was dismissed on 2 March 2022 by the Second Chamber of the Central Court of Pilgrim City, which upheld the sentence. A wave of misalignment rises again: After being prosecuted, the owner of the car sued the traffic police for compensation of 1,430,000. Mr. Wu's lawyer informed the journalist of the China Business Press that on 29 April 2022, the Office of the Public Prosecutor of Monchou County brought charges against Mr. Wu, Yong and Cao for offences against public service, and that the court had not yet opened its proceedings. According to the counsel, after the incident, Mr. Wu compensated Mr. Wang by having informed Mr. Wu, through an intermediary, that he was seriously injured and that he needed to be re-established, and by stating clearly in the letter of understanding that he no longer held Mr. Wu and others legally liable. According to Mr. Wu's family, on 13 December 2018, prior to the conclusion of a compensation agreement between the two parties, the relevant authorities had made a judicial assessment of a minor injury to Wang, but the findings were not known to them until 8 February 2020. “We believe that it would be fraudulent for one of Wang's clients to ask us for a high sum of more than 1.43 million, knowing that he was slightly injured and that he was old, and that, in 2020, he continued to reflect his family's involvement in the commission of a crime, in violation of the mediation agreement. In Mr. Wu's view, one of Wang's frauds, such as concealment of the cause of the injury, claimed through an intermediary a much higher amount of compensation than the actual loss, which led him, at the time unknown, to send 1436,000 Yuan to one of the King's designated accounts for the sake of peace. “It is in this context that I brought an indictment against one of the kings before the Court, seeking the release of the letter of understanding I had signed with him and the return of $1436,000 Yuan and the interest earned during the period in excess of $220,000.” The Court of First Instance ruled: Commodore involved in the return of compensation of 1,430,000, and it is not clear whether or not the person has appealed During the hearing, the traffic police argued that there was no factual or legal basis for Mr. Wu's request for the release of the letter of understanding signed with him, and that he did receive compensation for Mr. Wu's 1436000 Yuan, but that the payment was made on behalf of the complainant and a close relative of the person suspected of obstructing his official duties, acting after the incident, to apologize to him and ask for the payment of the compensation in the form of an understanding, and that there was no factual or legal basis for the return. The original defendant had no objection to the fact that the Kanan County Court of Shandong Province changed the case by law to a contractual dispute, on the basis of the facts established. The court held that a letter of understanding issued by one of the defendants was based on its unilateral intent that the defendant was not entitled to claim the withdrawal or elimination of the understanding itself and that the amount of $1436,000 Yuan in the case was the result of an agreement for compensation entered into by the original defendant, so that the plaintiff claimed that the exercise of the right of avoidance and the right of release should in fact be the object of an agreement for compensation between the original defendant. The Court held that the relevant provisions of the Civil Code provided that the author of a civil legal act committed on the basis of a significant misunderstanding had the right to request its annulment by a court or arbitral institution... The perpetrator could prove that there had been a significant misunderstanding in the performance of the civil law act and requested the annulment of the civil law act, which was upheld by the Court in accordance with the law. In the present case, the plaintiff claimed that it was not until April 2021 that the plaintiff's defence learned of the fact that one of the defendants, Wang, had had a history of cross-resilience surgery on his left knee eight years before the incident, as well as diagnostic treatment and advance payment of 30,000 Yuan for surgery at Beijing University Hospital III. At the same time, the plaintiff stated that “the facts described above demonstrate that the injuries and the causes were considered to be serious by the plaintiff at the time the understanding was reached and that the actual situation was that one of them constituted only minor injuries and that it was not costly to perform surgery, examination and care” and that “after the incident, the plaintiff actively compensated one of the kings for the fact that it had caused injuries to one of his legs and that the injuries were serious and could amount to minor injuries above the second degree and that the costs of treatment and follow-up care were high”. It follows from this fact that, when the plaintiff and the defendant agreed to pay compensation, the civil act of reimbursing the defendant for the sum of €143,000, because the plaintiff was not aware of certain injuries and expenses incurred by the defendant, met the elements of a significant misunderstanding, and that the agreement between the plaintiff and the defendant to pay compensation of €1436,000 Yuan should be set aside. With regard to the plaintiff's request for the defendant to pay over $220,000 in interest on the funds occupied, the court did not support the plaintiff's claim because the subject of the material misunderstanding was the person who expressed his own fault and not the relative, i.e. the reason for the material misunderstanding was the plaintiff's own. In the recent past, the Court of First Instance of Xuannan County, Shandong Province, ruled as follows: The defendant, Wang, returned a certain sum of 1436,000 Yuan to the plaintiff within ten days of the date of the entry into force of the present judgement; the plaintiff, Wu, was dismissed from other claims; and the fee for the hearing of the case, 17724 Yuan, was borne by one of the defendants. “The first instance judgement is a fair and impartial one, and I accept it.” On 23 June, Mr. Wu told journalists that the case was currently on appeal and that it was not known whether the other party was appealing. On 23 June, in the afternoon, journalists contacted Wang and the telephone was never answered. In the afternoon of the same day, one of Wang's lawyers told the Chinese merchant reporter that he had no fraudulent elements in the case and that he did not comment on the outcome of the first-instance judgement, and it was not clear that he had not yet been entrusted with an appeal. Third-party lawyer: The decision of the court of first instance is in accordance with the law and shows fairness. What are the levels of trauma determination, to what extent can the prosecution institute a public prosecution and what is the effect of the letter of understanding on sentencing? After the signing of the understanding, could a party apply for the withdrawal of the understanding if the accused continued to be held criminally liable or if that circumstance was not taken into account when the judicial authorities imposed the sentence? With regard to the legal aspects of the case, the China Business Press interviewed Yoo Koon-sung, a lawyer at Tsezawa law firm in Shandong. In criminal law, the degree of bodily injury is classified into three levels, with minor injuries, minor injuries and serious injuries, and the extent to which the injury constitutes a criminal offence, with different provisions for different offences. In a typical case of intentional injury of more than one minor injury, criminal liability is incurred, and both minor injuries and more than one minor injury can be established. According to the St. Liukong, in criminal cases where there are victims, such as cases of intentional injury, cases of traffic accidents, if the accused can actively compensate the victim for economic loss, the majority can obtain the understanding of the victim, and the people's courts can lighten the punishment of the accused, with a majority of eligible persons applying non-custodial sentences. As for the fact that, after the signing of the understanding, the accused continued to be held criminally liable or that the judicial authorities did not take that circumstance into account in sentencing, could one party apply to withdraw the understanding and ask the other party to return the compensation? The victim agreed to an understanding that, even if the sentence was not lightened, a party could not revoke the settlement agreement and ask the other party to return the compensation, if the parties reached a settlement on an equal, voluntary and legal basis. “In cases such as offences against public service, there is no reconciliation or understanding, since the object of the violation is the order of State organs governing society and there are no victims of natural persons. Even if a settlement is reached with an individual and an understanding is reached, the sentence will not be taken into account, and if there is a significant misunderstanding of the settlement agreement, a lack of fairness, a fraudulent coercion to commit a breach of the true intention, one party may apply to set aside the settlement agreement and ask the other party to return the compensation. With regard to the first instance judgement in this case, Liu Koon-sang stated that the court's decision was in conformity with the law and showed fairness: “The large amount of compensation paid by the accused was both a major misunderstanding and a manifest lack of fairness, provided that the accused mistakenly thought that the other person was a victim and that the injuries were more serious. After being held criminally liable for an offence against public service, there is every reason to ask the police officers involved to return the substantial amount of compensation.” In signing the agreement of understanding, the parties should take note of what matters should be in order to avoid similar disputes, and Ljuconcão stressed that when signing the settlement agreement, the parties should fully consult with professionals and have a more accurate expectation of the legal consequences that could be achieved as a result of the agreement. Reporter, China Business, Chen's scheme, editor, Yang Deok-hoon. (Call the China Business Newsline 029-8888000 if there is an explosion)

Note: This is a translated version of the Chinese news media article. A mature and nuanced reading is suggested.

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