Does the center of the problem depend on be being harmed intentionally deadly why to sentence 13 years only? See this case pass when answering this question first.
One, case hair reason
On December 22, 2016 before dawn, because the mood is bad,live in the Hao Mou of apartment of Dalian Zhongshan Ou Mou, call then Ma Mou of the colleague before letting drinks to its home divert oneself from boredom. When drinking, ma Mou patted video to send him cummer with the mobile phone. Drink wine, ma Mou calls to cummer again let receive him. Next two people leave a floor.
The Shen Mou that was born 1994, with Ma Mou it is friend of male and female. Ma Mou did not come home in the evening on December 21, 2016, shen Mou lets Ma Mou send video to see him be in, shen Mou from inside video, see Ma Mou drinks in advanced female colleague Home Hao Mou, hao Mou did not wear pants. Shen Mou asks Ma Mou the address, ma Mou says to be in apartment of Zhongshan Ou Mou. Because before be, Shen Mou passes Ma Mou to have with Hao Mou with respect to somebody catch, she watched video special life, think two people affirmation is occupied, take out a knife from the home, take a taxi went this apartment. Subsequently, shen Mou calls let Ma Mou come down. Differ meeting Ma Mou and Hao Mou come out from elevator.
2, case discovery field
Shen Mou sees Ma Mou and Hao Mou come out from elevator, take out disclose of knife face Ma Mou 3 two, ma Mou in the future is retreated, shen Mou does not have disclose to wear, shouting in the mouth " your daughter-in-law is in the home to wait for you, you drink with other woman in the middle of the night greatly outside, you go dead! " subsequently, shen Mou left hand grabs Ma Mou shoulder, the right hand holds a knife disclose goes, this he does not have in the future to retreat, knife disclose is in he is left bosom, blood comes out from the gush in cut. Shen Mou says she was cheated at that time, dialed telephone of 120 emergency treatment subsequently, go out to look for a taxi next, but the driver is not pulled, shen Mou across restaurant looks for a person to help, the police after waiting for her to return old hall came.
Hao Mou says, she and Ma Mou just gave lift, shen Mou is wearing guaze mask to come over head on, ma Mou is retreated with respect to in the future, shen Mou takes knife face Ma Mou disclose of upper part of the body. Hao Mou sees Ma Mou hand is covering haemorrhage position, dialed with the mobile phone 110 with 120, be afraid of Shen Mou disclose at that time she, hao Mou came home by elevator.
3, after case hair
Procuratorate of Dalian city people accuses, on December 22, 2016 5 when make, because Shen Mou suspects his male friendly Ma Mou and Hao of one female friend some is put in shocking relation, in Zhongshan Ou Mou awaits Ma Mou apartment first floor is big. When arriving at first floor old hall by elevator with Hao Mou in Ma Mou, shen Mou uses the black dagger with good precondition, to Ma Mou left bosom disclose is pricked, cause Ma Mou to get hurt fall down, death disables via rescue after.
Public prosecution mechanism thinks, shen Mou is illegal of enroach on other healthy, cause the serious consequence that one person dies, make intended harm crime; The injured party of the minister after Shen Mou commits the crime, and did not leave case discovery field, commit a crime actively after the policeman is present for narrating fact, have confess one's crime clue; When its commit the crime young impulse, its family member recoups pecuniary loss of relative of the injured party after case hair and obtain forgive.
Final, the court adjudicates Shen Mou commits intended harm crime, sentence imprisonment having punishment 13 years.
4, why be 13 years
On May 20, 2015, because Beijing woman of 22 years old makes fun of one beggar to won't do, finally, the person such as Du Mou of in collusion with, light snow and Hao Mou beats dead beggar Zhou Mou, admit his guilt in view of the person such as small beautiful the mood is better, active compensate pays and obtain a family member to forgive, final, the court sentences small beautiful, Du Mou and light snow set term of imprisonment 13 years respectively, mix 3 years 10 years, sentence Hao Mou set term of imprisonment two years with provoke affray blame, probation two years.
This case has a few with afore-mentioned cases same point:
1, the main body that regards crime as the suspect is a female, and young;
2, guilty suspect admits his guilt the mood is better;
3, recoup pecuniary loss of family member of the injured party and obtain forgive.
Different is, case of Beijing small beautiful is the organization commits the crime, have obtain punishment respectively, case of Dalian Shen Mou is to commit the crime alone, only the individual obtains punishment.
As a result of them " admit one's guilt the mood is good " , " active compensation " at the same time " obtain a family member to forgive " . Accordingly, admit one's guilt manner and obtain a family member to forgive crucial to homicide, of course, in the public eye homicide admits his guilt the manner need not say oneself, and the main reason that obtains a family member to forgive is " active compensate pays " , have money namely.
Common saying says: The law nots allow affection. In a right law country, affection manner and money cannot control law, law just talks by the fact, handle affairs lawfully. Although compensate for, also be a kind of responsibility of civil respect only, perhaps saying is guilty person one party the compensation of the economy to victim one party and mental respect, its purpose is to reduce the pressure in the heart of guilty person one party or negative blame feeling.
The case is here medium, because Shen Mou suspects him male friendly Ma Mou and Hao Mou have shocking concern, good with precondition black dagger kills Ma Mou, although after the event has deliverance action, also have confess one's crime clue, and the apiration of nonexistent also subjective and killing Ma Mou, but Shen Mou harms deadly accusation intentionally to hold water, and the court decision that is aimed at a court, a human life is right for 13 years of imprisonment, how can the netizen look again?
