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2003年5月2日晚,某部战士杨某、黄某、饶某伙同鲍某一起到驻地某舞厅跳舞。21时40分许,黄、饶两人与被害人戴某(地方男青年)因争女舞伴发生争吵,杨、黄、饶三人遂对戴大打出手,将其打倒在地,并用脚踢其头、胸、腰及背部。当时,鲍某正好出去办事了,等他回来后发现舞池里围了一群人,就挤进人群去看。当得知是战友们所为的情况下,为体现哥们义气,便踢了被害人臀部两下。最后,戴某经医院抢救无效于同月9日死亡。经法医鉴定,戴某系头部受钝性外力作用,造成特重型颅脑损伤,引起急性脑功能障碍死亡。在本案审理过程中,对被告人杨某、黄某和饶某构成故意伤害罪并无异议,但对鲍某是否构成故意伤害共同犯罪,存在两种意见。
May 2, 2003 evening, a warrior Yang, Hwang, Rao Moumou together with the local ballroom to dance. 21:40 Xu, Huang, Rao and the victim Dai Mou (local young men) arguing with the female dance partner, Yang, Huang, Rao Dai Dai hit three shots, knocked it to the ground and kick it Head, chest, waist and back. At that time, Bao Mou just go out to do things, and so on after he came back and found a group of people surrounded the dance floor, squeezed into the crowd to see. When he learned that his comrades for the situation, in order to reflect the loyalty of men, they kicked the victim buttocks twice. Finally, Dai died after being hospitalized on the 9th of the same month. Forensic identification, Department of Dai Department of blunt external force by the head, causing severe head injury, causing acute brain dysfunction death. During the trial of the case, there was no objection to the crime of intentional injury of defendants Yang, Hwang and Rao, but there were two opinions on whether Bao Mou constituted a crime of intentional injury or not.