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审判员于靖民二〇二〇年一月十六日法官助理黄斌书记员孙衍婷扣押物品处理清单一、予以没收的物品： 1. 单刃尖刀1把二、发还被告人亲属的物品： 1. 黑色手机1部三、留档备查的物品： 1. 带有“康富惠利市场”字样的塑料袋1个 2. 白色塑料袋1个 3. 灰色棉衣1件 4. 黄色靴子1双 5. 黑色长裤1件 28

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Sun Wenbin (孙文斌）

CASE BRIEF

Jurisdiction

China

Nationalities

Chinese

Case Title: Sun Wenbin Murder Case (2020）京03刑初9号刑事判决书)

Age at Offence: 55

Age Group at Offence: Adult (18 to 59)

Gender: Male

Religious Group at Offence: Unknown

Vulnerable/ Marginalised Group

Socio-economic Status

Jurisdiction - Geolocation

Latitude: 35.8617

Longitude: 104.1954

Jurisdiction - Geolocation (linked CASE BRIEF): China

Contributing TRP Partner

The Rights Practice (United Kingdom)
The Rights Practice Partner (China)

Latest Country's Death Penalty Status

Retentionist

Case Current Status: Closed: Executed

Year when sentenced to Death Row: 2020s: 2020

Method of Execution: Unknown

Rights Allegedly Violated

Fair Trial and Due Process: Right to adequate legal representation at all stages

Nature of Offences for Death Penalty

Murder: Single Victim

Expert Evidence

Forensic/Medical evidence: Autopsy/Post mortem
Forensic/Medical evidence: Blood pattern analysis
Forensic/Medical evidence: DNA/Serology/Biology
Forensic/Medical evidence: Fingerprint/palmprint/footprint
Forensic/Medical evidence: Medical examination (victim/accused, age determination etc)

Case Background (300 words max): (This case brief is based on the publicly available first-instance verdict, as China's judicial system has not disclosed the appeal and final verdict. ) Defendant Sun Wenbin, a middle school graduate, was unemployed. On December 4, 2019, Sun's 95-year-old mother was taken to hospital for emergency treatment. Her condition remained unmoved, and Sun blamed her worsening health on Dr. Yang’s treatment. On December 24, Sun held hostage of Yang with a knife prepared beforehand in the emergency room. He hen repeatedly slashed and stabbed her neck. After Yang fell to the ground, Sun ignored attempts by others to stop him and continued his attack, ultimately causing Yang’s death. Sun called the police immediately and surrendered. Following deliberation by a panel of judges and review by the adjudication committee, Sun was tried on January 16, 2020—24 days after the incident. The court convicted him of murder and sentenced him to death. His appeal failed, and the Supreme People's Court approved the death penalty. On April 3, Sun was executed. Policy Context: Tensions between doctors and patients in China are deeply rooted, with violent attacks against medical staff frequently reported. This brutal case sparked widespread public debate. Shortly after, multiple state departments jointly issued a memorandum on punishing those disrupting medical order. Since 2014, the Supreme People's Court and Procuratorate have issued polices, and introduced a series of guidance cases cases of violence against medical staff, emphasizing death sentences when warranted. In early 2020, three convicted murderers of doctors were executed, and between 2011 and 2021, at least 13 death sentences were publicly reported. The Supreme People's Court's 2020 Annual Report highlight this case and reaffirmed its tough stance on such violence.

Defence Arguments (200 words max.)

The defendant’s lawyer was appointed as per Chinese law, which mandates that defendants facing potential death sentences must have a defense lawyer assigned if they have not retained one themselves. The defence lawyer’s arguments were as follows:

Sun called the police within three minutes of committing the crime and waited at the scene. After being apprehended, he fully confessed to the crime, which qualifies as voluntary surrender.
Sun admitted guilt, accepted punishment, and was a first-time offender.
Sun had a deep emotional bond with his mother, whose condition repeatedly worsened during hospitalization. Believing the doctors failed to treat her according to his requests, Sun lost control in a moment of distress and committed the crime. The defense requested a lenient sentence.律师为指定辩护律师。按照中国法律规定，可能被判处死刑的被告人，如果没有委托律师，法院应当为其指定辩护律师。辩护律师意见：
孙作案后三分钟即拨打波讲电话，并在案犯现场等待，归案后对犯罪事实供认不讳，属于自首。
孙某认罪认罚且为初犯。
孙某与其母亲情感深厚，其母住院期间病情反复，孙某认为医生未按其要求治疗，情急之下丧失理智而事实犯罪行为，请求法院从轻处罚。

Judgement with Headnotes (200 words max)

The evidence failed to prove that Dr. Yang prescribed inappropriate medication to Sun's mother or that the hospital's treatment plan was unreasonable. The court rejected Sun's defense on this basis.
Sun falsely believed that the medication was inappropriate and premeditated an act of revenge against the doctor, even while his mother was still receiving treatment at the hospital. The court also rejected the defense that Sun's emotional instability and irrational behavior were caused by his worry over his mother's critical condition due to her advanced age.
Sun's act of calling the police to surrender was recognised as voluntary surrender.
Sun developed resentment and murderous intent due to his dissatisfaction with the medical treatment. He prepared tools in advance, demonstrating deep malice. During the offence, he repeatedly slashed Dr. Yang's neck, and even after Dr. Yang collapsed and was incapable of resisting, Sun ignored attempts by others to stop him and continued stabbing. This showed extreme personal danger. Sun committed the crime openly in a hospital, wielding a knife in front of numerous patients' families and medical staff. His brutal actions caused widespread panic among patients’ families and medical staff, creating severe social harm. The crime was extremely heinous. Although Sun's voluntary surrender was acknowledged, given the facts, nature, circumstances of the crime, and its harm to society, it was insufficient for leniency. Thus, the defendant Sun Wenbin was convicted of intentional homicide, sentenced to death, and deprived of political rights for life.1. 证据无法证明杨某对孙某母亲用药失当或医院的诊疗方案不合理，孙某以此辩解法院不予采纳；
孙某自以为用药失当，预谋对医生进行报复，切作案时其母亲仍在该医院接受治疗。关于孙某因担忧母亲高龄病危而情绪波动丧失理智的辩护意见，不予采纳。
孙某报警投案应认定为自首。
孙某因不认同治疗方案，心生怨恨，产生杀害意图，预先准备工具，可见主观恶性极深作案时反复切割杨某颈部，在杨某到底丧失反抗能力的情况下，仍不顾他人阻拦，反复扎刺，人身危险性极大；孙某面对众多患者家属和医护人员，公然在医院持刀行凶且手段残忍，给病人家属和医护人员造成极大恐慌，其行为的社会危害性极大，犯罪性质极其恶劣。孙有自首情节，但结合犯罪事实、性质、情节及对社会的危害程度，尚不足以对其从轻处罚。因此，被告人孙文斌犯故意杀人罪，判处死刑，剥夺政治权利终身。

Legal Representation Received