This year in July
Inner Mongolia adjudicated mix together " defense is become too " the law case that concern
The accused square family member thinks of this case and city of hill of Jiangsu elder brother " Long Ge is killed instead case " also should be euqally " self-defence " but the dead's one party is not agreed with stoutly " self-defence " view
The dead is Wang Sheng child of 61 years old. On Feburary 2, 2017 before dawn at 4 o'clock, king unripe child slips into Tuoketuo prefectural new camp child Guo Sanxiang of villager of the village on town dam throws 3 axe repeatedly to its head in the home, after be being discovered by Wang Yucheng of column of iron of king of Home Guo son-in-law, kin, use wooden club and double banger to atttack 2 people again, be beaten dead by 2 people instead finally.
This year the beginning of the year, first instance of intermediate people court adjudicates Huhhot 2 people commit intended harm crime, sentence a set term of imprisonment 10 years to mix 7 years respectively. After half an year, the Nei Monggol Autonomous Region is advanced people court thinks first instance convictions accurate, measurement of penalty is proper, reject appeal, maintain original judgement.
"He still is continueing to atttack other later, so 2 talents can strike back, did not think of to be able to hit a the dead. " son Wang Yanqing of Wang Yucheng says, meaning of hereat of king unripe child commits murder, if was not discovered consequence is unimaginable. But family of Wang Sheng child does not agree with to this: "Can self-defence still beat dead person while still alive? They just are intended homicide. " the reporter understands, wangyu becomes municipality of an already inward Mongolia to lodge a complaint of senior people court.
Forensic court decision
Belong to self-defence originally
But after falling down, continue to beat up exceed necessary limit
Because of young when with the villager Guo Sanxiang is put in dispute, 2017 a day of the first month of the lunar year night, king unripe child slipped into Home Guo Sanxiang. Judgment of criminal of first instance of Huhhot city quadrangle shows, of case hair before dawn was controlled at 4 o'clock on Feburary 2, king unripe child used the Guo Sanxiang head that throws axe general to sleeping on kang to throw 3 axe repeatedly.
With the kin of house Wang Yucheng hears sound, discover Guo is chopped, column of iron of king of the wife Qiao Qiaolian with respect to call out Guo Sanxiang, son-in-law. After 3 people examine injury feeling of Guo Sanxiang, the person that search do violence in the courtyard, in charcoal caboodle discovers footmark finally. The king that hiding at this moment gives birth to child to use wooden club and double banger to atttack 3 people, immediately of Wang Tiezhu and king kindly help secure the success of something uses the thing such as wooden club, broom successive stroke king gives birth to child, cause its body much part to get hurt, rescue disables to died on Feburary 4 after.
The appraisal of cadaver check-up check of place of appraisal of material evidence of Huhhot city public security bureau says, head of the exsanguine sex shock that Wang Sheng baby dies at sending sexual fracture and parenchyma injury to cause more, amalgamative skull is injured. And the facial injury assess of Guo Sanxiang of the person that hurt attachs most importance to 2 class.
First instance thinks, the dead's king gives birth to child to hold lethal weapon to slip into Home Guo Sanxiang, its facial chop, belong to intended harm. Wang Tiezhu, Wang Yucheng is later inside oneself courtyard check the illegal enroach on of Wang Sheng child, belong to self-defence originally. But in defensive process, hold the serious consequence that its body caused instrument stroke to die, exceeded necessary limit, belong to defense to be become too, make intended harm crime, but reduce punishment.
Content of part of first instance report
Inner Mongolia tall courtyard also thinks, after Wang Sheng child stroke falls down, 2 people did not abandon beating up, cannot move till its play, cause death finally, it is self-defence exceeds necessary limit. Sentence Wang Tiezhu set term of imprisonment 10 years finally, wangyu becomes a set term of imprisonment 7 years.
View of son of the accused person
Wooden club is grabbed from hand of the other side
My father still persuades everybody not to want nob
Son Wang Yanqing of Wang Yucheng tells a reporter, feburary 1, 2017 is the first month of the lunar year of the traditional Chinese calendar first 5, wang Yucheng visits relative in Home Guo Sanxiang, after the cry was being heard in sleep of kindly help secure the success of something of before dawn king on Feburary 2, seeing the Guo Sanxiang full head that is the same as house is blood, help its with the pillow towel hemostatic, guo Qiqiao artful lotus exclaims in the meantime, reach column of iron of king of her daughter Guo Ying, son-in-law.
Wang Yanqing says, they think the murderer already escaped the spot, protect spot footmark in the courtyard, when awaiting police and ambulance, abrupt somebody from deposit charcoal to wait pile up in sundry dark corner, throw a thing to come out to hit them, they just know the murderer is done not have at this moment.
Occupy Wang Yanqing to describe, a bunch of firecracker with good precondition the other side prepares Chinese medicine by roasting it in a pan, ignite threw, scamper arrived Wang Yucheng, strike at Qiao Qiaolian with wooden club again, column of husband king iron wore wooden club with arm, ability been able to have seized wooden club to undertake striking back. Wang Yanqing thinks this and elder brother of dragon of elder brother hill are killed instead case be the place that has likeness, also be before Yu Haiming be chopped by Long Ge, the knife that pick up drops later undertakes striking back.
Wang Yanqing says, at that time everybody by do violence person menace arrives safe, the condition is very critical, imagine impossibly like after the event it is so clear to whether should share too, it is self-defence, "More defy what is more,the rather that in the process, my father did not call his crucial point position, still persuade Wang Tiezhu not to want nob.
Who is each other telling in tussle
Also did not realize he is badly-wounded
"Guo Sanxiang blood stream is more than at that time, call the police and called an ambulance. " Wang Yanqing of the accused son says, everybody notices the Guo Sanxiang that is chopped only at that time, did not realize Wang Sheng child is badly-wounded, king unripe child is death of the ability after two days. Artful lotus of Guo wife tall says, they find a person inside the courtyard when, wang Yucheng is prepared Chinese medicine by roasting it in a pan by a firecracker which goes off twice that throws away in charcoal caboodle scamper arrived, she gave broom and rafter to give Wang Tiezhu early or late, want to control this person, but do not know he is Wang Sheng child in whole process.
The case is other the witness testimony of 3 villagers also says, they are to receive the phone of Guo Ying of Guo Sanxiang's daughter to come, to the discovery when the spot Wang Tiezhu is taking wooden club to stand in charcoal door mouth, who is using flashlight to be illuminated to charcoal to pile to did not admit, until 110 after coming, just knowing is Wang Sheng child.
Wang Yanqing expresses, father king kindly help secure the success of something did not leave the scene all the time, when the police is investigated, he narrated the whole process of incident according to the facts, police also did not take away him at that time. "When my father was working 4 days that day, hold a gram in the palm to hold prefectural public security bureau in the palm to call say to look for him to understand bit of situation, because cannot find a way, my father still goes out to receive personally they, the result took away my father, ability knows Wang Sheng baby died in the morning that day later. Ability knows Wang Sheng baby died in the morning that day later..
The Guo Sanxiang of the injury that be chopped
View of the dead's son-in-law
Sentenced intended harm we are not approbated
Should be intended homicide
The family of king unripe child does not agree with the view of self-defence stoutly. "Can self-defence beat dead an old living person? " the husband class gentleman of Wang Sheng child says to the reporter, "What sentence now is intended harm, we are not approbated actually, should be intended homicide. Should be intended homicide..
Class gentleman expresses, nobody was in their home that day the spot, why should specific farther-in-law go, they also do not know the Guo Jia that how goes, he also does not understand two people what to enemy is complained. But he thinks, even if injured a person really, after all a person of more than 60 years old has been Koed to be in the ground, should subdue only send police station can, why to leave such firm hand.
"Smash on my pa leg sexual fracture, whole body is an injury everywhere, the head also was hit to bleed. " class gentleman says, "He has run at that time, be blocked up in charcoal to pile to beat dead finally by them. " he says, the other side did not send medical service the person rapidly, after public security comes, just send. Police station informed them ability knows the person is in a hospital at 8 o'clock that day, rescue is no good later the hospital that sends Huhhot city rapidly, last person was done not have.
Report a case to the security authorities material shows, on Feburary 2, 2017 before dawn at 4 o'clock, hold a gram in the palm to hold prefectural public security bureau in the palm detect handled harm case one case, villager Guo Sanxiang is chopped in the home the head, with village villager king unripe child has suspicion of case of serious your work. Running a course to the detect of this case in the center, unripe child of king of discovery of field of discovery of on record of this bureau investigation personnel gets hurt heavier, go to a hospital to treat along with evacuation.
Be on duty doctor Yang Min expresses, emergency call is received when before dawn was holding a gram in the palm to hold division of prefectural hospital emergency call in the palm to be on duty that day, controlled Guo Sanxiang to reach a hospital first at 5 o'clock, discover its head is chopped, subsequently king unripe child is sent a hospital. In the Wang Sheng when medical treatment him child admits to chop Guo Sanxiang, be beaten up with stick by its family later.
Lawyer argument
Counsel for the defence: Of king unripe child belong to accident to death
"Whole case is Wang Sheng child commits murder in cold blood first above all, just was discovered ability commits murder abortive. " middle forest of Hao of counsel for the defence thinks, except of king unripe child dies, also can be found out blame of intended injury person, his belong to accident to death. And the weapon in hand of the not clear person that throw a person also seeing in darkness of Wang Tiezhu and king kindly help secure the success of something, striking back is to defend the safety of family, attend a meeting without consciousness cause serious harm.
The dead's square lawyer: This case and case of elder brother of dragon of elder brother hill can not compare a gender
The lawyer of week of counsel for the defence of home of king unripe child expresses, whole case has been final judgment court decision, if the accused just has what objection, have appeal through legal approach. She thinks, every case is different, this case and elder brother of dragon of elder brother hill kill one case to be able to not compare a gender instead.
