As for the sentencing for illegal confinent... For cases of a general nature, the punishnt is imprisonnt or criminal detention of not more than three years. For serious cases, it is three to ten years. In judicial interpretation, serious injury or death is required to constitute serious circumstances. Therefore, the knife-wielding man’s actions in this regard would likely result in a fixed-term imprisonnt of about three years.
"Third," Qin Mu looked at the knife-wielding man and continued his analysis, "just now you repeatedly threatened, intimidated, and insulted the dical staff. This also constitutes the cri of insult."
According to Article 246 of the Criminal Law, publicly insulting others through violence or other thods, or fabricating facts to defa others, under serious circumstances, shall be sentenced to fixed-term imprisonnt of not more than three years, criminal detention, public surveillance, or deprivation of political rights.
Originally, common insults and verbal abuse don’t constitute the cri of insult; everyday argunts are quite common. However, for this knife-wielding man... openly insulting soone in a public place directly elevates the severity of the incident. "Publicly" is an important basis for conviction of the cri of insult. This incident occurred in the hospital lobby, a public place. Including the onlookers, there were more than a hundred people present. With multiple "witnesses," the knife-wielding man’s repeated verbal assaults on the hospital and personal insults to the doctors are sufficient to constitute the cri of insult.
However, the cri of insult is a private prosecution case. It is only prosecuted if a complaint is filed. If the hospital and doctors do not consider it an insult and do not file a complaint, then this cri is not established.
"Fourth, this knife in your hand... it’s a bit larger than a typical fruit knife and should be considered a controlled knife." At this, Qin Mu gestured towards the knife in the man’s hand and said with a composed expression, "Holding a controlled knife in a public place constitutes the cri of illegally carrying firearms, ammunition, controlled knives, or dangerous materials and endangering public safety."
This particular cri, he mused, is effectively the cri of endangering public safety by dangerous ans. The delivery driver he had encountered before was imprisoned for this very offense, though in that case, it was for spitting. This knife-wielding man, however, is ard.
The Criminal Law stipulates that illegally carrying firearms, ammunition, controlled knives, or explosive, radioactive, toxic, or corrosive substances into a dical institution, coupled with behavior capable of endangering public safety, constitutes this cri. This is a conduct-based cri, aning serious consequences are not required for conviction. As long as the act itself occurs, the cri is established. Even if the knife-wielding man didn’t actually attack anyone, simply entering and causing a disturbance while ard with the knife still constitutes this cri.
According to the law, for cases of a general nature, the sentence is fixed-term imprisonnt of not more than three years or criminal detention. But... this young man, supposedly advocating for his rights, holding this knife, fought with security guards multiple tis in a public place. He threatened dical staff and others. These actions are considered serious circumstances. He will be sentenced to fixed-term imprisonnt of not less than three years and not more than ten years. Considering the overall level of harm and endangernt, the sentence could be at least six years of fixed-term imprisonnt.
"Fifth, you have repeatedly demanded a refund, seeking money. If the hospital’s treatnt is found to have involved no negligence or fault, you will also be charged with the cri of extortion."
In the hospital lobby, Qin Mu’s voice continued to resonate. In front of the knife-wielding man and the crowd, he analyzed the cri of extortion once more.
"The cri of extortion refers to the act of forcibly demanding property from the victim for the purpose of illegal possession, by ans of threats or coercion. Since you demanded twenty thousand yuan, which is considered a ’relatively large amount,’ you would be sentenced to fixed-term imprisonnt of not more than three years or criminal detention."
As for the sentencing for extortion... it also primarily depends on the amount of money involved. Thirty thousand yuan or more is considered a ’huge amount,’ resulting in a sentence of not less than three years and not more than ten years of fixed-term imprisonnt. Three hundred thousand yuan or more ans a sentence of at least ten years of fixed-term imprisonnt.
"So, in summary, if all five charges are established, you will be sentenced to about fifteen years of fixed-term imprisonnt."
Finally, Qin Mu looked at the knife-wielding man, who was sweating profusely, and "kindly" helped him calculate the sentence.
Three years for the cri of picking quarrels and provoking trouble.
Three years for the cri of illegal confinent.
One year for the cri of insult.
Six years for the cri of endangering public safety by dangerous ans.
Two years for the cri of extortion.
What’s more, these cris are distinct and would not be rged for sentencing. Inciting a crowd to pick quarrels and provoke trouble is a separate cri. Blocking the door is another separate cri. Insulting dical staff, an act committed during this incident, also constitutes a separate cri. Furthermore, carrying a knife and extortion... these acts have no necessary connection to the other cris, so there’s no question of being sentenced for only the most serious offense.
Therefore, if all five charges are established, he would receive a fifteen-year fixed-term imprisonnt "package deal."
"You... you’re bluffing , right?" the knife-wielding man wiped the cold sweat from his forehead and said, his voice feigning toughness.
Qin Mu shrugged. He didn’t speak.
But his expression made the knife-wielding man even more unnerved.
Qin Mu’s explanation of criminal law... although he’d never heard anything like it, seed extrely professional. It was clear and easy to understand. He had clearly linked the man’s actions to specific cris in the criminal code. Even soone with little education, like himself, could understand. It ant... he had committed every cri imaginable, and then so. And the total sentence added up to an appalling fifteen years!
In the hospital lobby, after Qin Mu had finished speaking, the hall fell silent once more. The previously buzzing crowd of onlookers stopped their discussions, seemingly digesting the shocking news of the "fifteen-year sentence."
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