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 " same, also should be " 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. " as we have learned, 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.
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.
Before before long, top people court was released a few days ago " plan about carrying out the job of socialistic core viewpoint of value in the round in judicatory explanation (2018-2023) " , justice, affable, coadjutant socialistic core value and moral demand are promoted energetically in wanting to explain in judicatory. Should timely principle of the cognizance standard that publishs defense to be become too, punishment and be ready to help others for a just cause the law of relevant dispute is applicable standard, encourage self-defence, protect the legitimate rights and interests of the person that be ready to help others for a just cause, reflect judicatory further humanitarian consideration.
We expect judicatory progresses.
