Criminal cases seeking infringement of citizens' personal rights or democratic rights.

Criminal judgment, Guangdong Foshan Intermediate People's Court (2003)No. 15 1, public prosecution organ, Foshan People's Procuratorate, Guangdong Province. Defendant Liu Jianhong, female,1born on July 6, 1972, Han nationality, ningyuan county, Hunan Province, farmer, primary school education, living in Yunhui Village, Hetou Town, Xinxing County. He was detained on July 3, 2003 and arrested on August 1 of the same year. He is currently being held in Nanhai District Detention Center in Foshan. Li Fuquan, appointed defender, lawyer of Guangdong Dongcheng Law Firm. The People's Procuratorate of Foshan City, Guangdong Province prosecuted the defendant Liu Jianhong for the crime of intentional homicide and filed a public prosecution with our hospital on September 27th, 2003. Our court formed a collegial panel according to law and heard the case in public. The Foshan Municipal People's Procuratorate appointed Deputy Procurator-General Yue to appear in court to support the public prosecution, and the defendant and his entrusted defender attended the proceedings. The trial is now over. The People's Procuratorate of Foshan City, Guangdong Province accused that in May 2003, the defendant found out that her husband Yang had an extramarital affair, and the latter two often quarreled. Yang repeatedly filed a divorce with Liu, and Liu had the idea of killing Yang and committing suicide, so he went to the market to buy a fruit knife and hid it in his body. At about 10 that night, Liu and Yang had an argument in Room 20 1, Building 3, Jinlong Garden, Jiangpu Road, Xiqiao, Nanhai District, Foshan City. Liu Sui pulled out a fruit knife from him and stabbed Yang in the abdomen, causing Yang to die. After committing the crime, the defendant Liu Jianhong surrendered himself to the public security organ. In order to prove the above facts, the public prosecution agency provided corresponding evidence, and on this basis, the defendant Liu Jianhong's behavior has violated the provisions of Article 232 of the Criminal Law of People's Republic of China (PRC), which constitutes the crime of intentional homicide. Submit to our court for sentencing according to law. Defendant Liu Jianhong has no objection to the alleged criminal facts. His defender argued that the victim Yang had a major fault; The defendant, Liu Jianhong, took the initiative temporarily, without premeditation, and his subjective malignancy was relatively small; Defendant Liu Jianhong took remedial measures after committing a crime and surrendered himself, which can be given a lighter punishment according to law. It was found through trial that the fact that the public prosecution agency accused the defendant Liu Jianhong of intentional homicide was clear, and the evidence was true and sufficient, which was confirmed by our court. The above facts are confirmed by the following evidence submitted by the public prosecution agency and cross-examined by the court: 1, testimony of witnesses Liang Yanqiong, He Xianxi, He Zhongba, Su and Liang Yuefen. At about 22 pm on July 2, 2003, the above-mentioned witnesses heard someone calling for help, including a woman, in Room 20 1 of Building 3 of Xiqiao Jinlong Garden. Sue and Liang Yuefen went out one after another and saw a man lying in the stairwell from the first floor to the second floor, groaning on the ground and holding a knife in his right hand. He Zhongba took the knife and gave it to He Xianxi to take it to the second floor. Seeing that the white stainless steel fruit knife was about 30 cm long and there was a lot of blood, Axi threw it on the ground. After Liang Yanqiong called the police. Liang Yuefen also confirmed that the man is new here, driving on the big shore, and is the brother of Ya Qin in Room 20/KLOC-0. 2. The witness's testimony confirmed that there were frequent quarrels with Yang because of extramarital affairs. On the evening of June 1, I went to find my husband Yang with a kitchen knife and was picked up. At about 2 1 on the evening of July 2, Yang Weiming told him that Yang He was talking downstairs in Jinhua Street. At about 22 o'clock, Yang Weiming's wife told him that Yang had been cut, and he immediately rushed to Xiqiao Jinlong Garden. At around 22: 30, I called his cell phone and asked if Yang was dead. After he didn't know the answer, Liu Jianhong hung up. 3. The testimony of witness Liu Jinping confirmed that they knew that Yang had an affair, so they often quarreled and even divorced, so they killed Yang. On the evening of July 1, I called and said that Yang was with his lover and wanted to divorce him, and asked him to take her to Yang by motorcycle. The next morning, he and the hardware factory where Yang works found Yang. Tell Yang not to divorce, and ask Yang to go to her mother-in-law's house that night to make things clear. At 22: 30 pm on July 2, he received a phone call from his mother from Hunan, saying that Yang had been killed. Then he called Liu Jianhong. Said he killed Yang with a knife in his sister-in-law's bed, and then ran out. At this time, Yang also ran out from home to chase her. 4. Witness Feng's testimony confirmed that on the evening of July 2, at around 10: 30, she claimed that her sister had killed her husband because he was looking for a woman outside. He asked Liu Jinping to find her sister and take her to surrender. Liu Jinping left at 23 o'clock. 5. Witness Yang's testimony confirmed that he had quarreled with Yang many times because he suspected that Yang had an extramarital affair. At about 23: 00 on July/KLOC-0, Yang was found with a kitchen knife and picked up by a motorcycle. At 6 o'clock on the morning of July 2, I was looking for Yang in the factory. Yang said that he would talk again in the evening and left with him. 6. The testimony of witness Lv Zhifang confirmed that he often quarreled with Yang because he suspected that Yang had an extramarital affair. On the evening of July 2, 2003, Yang and He came to their bunks in Jinhua Street. At 9 o'clock in the evening, Yang left by motorcycle and followed Yang all the time. At about 10 in the evening, Ling came to her bunk and said that Yang was injured. Shortly after her arrival, the doctor confirmed that Yang had died. 7. Witness Luo Cifei's testimony confirmed that he saw a young woman running from Jinlong Garden to Xiqiao when he was on duty on July 210.05. 10 or so 10, the male householder in Room 202 came to tell them that there was a fight in Room 20 1 and the police station came soon. 8. The testimony of witness Tan Xx confirmed that she met Yang in August 2002, and a proper relationship between men and women began in 165438+ 10, and remained until the crime was committed. 9. Witness Wan's testimony and identification transcript confirmed that he sold a fruit knife with a black plastic handle to the defendant at the night market of Guanshan Commercial City in Xiqiao from 20: 00 to 2: 00 on July 2. 10. The defendant's confession and the on-site transcript of the appraisal confirmed that they had a good relationship with Yang since they got married in 1990, and problems began to appear in 65438+February 2002. In May 2003, Yang admitted to having an affair with "A Fang". Since then, he and Yang have often quarreled about this. Yang has filed for divorce many times, but he doesn't agree. He is very dissatisfied with this and wants to die with Yang. He told his brother and sister-in-law that others could not get what he could not get. On the evening of July 2, he invited Yang to Yang's mother's residence to talk about things between them. He didn't find Yang until 8 pm. He was very angry, so he went back to the light night market in the commercial city and bought a fruit knife at the stall. Then he rented a car and went to the hardware factory to find Yang. Yang ignored him and planned to leave by motorcycle. He followed up and rode Yang's motorcycle to Yang's mother's residence. The two quarreled, and Yang went out to ride a motorcycle and wanted to leave. He got on Yang's motorcycle and Yang had to send it back to Jinlong Garden. After entering the room, Yang lay on the sofa in the hall and watched TV. He begged Yang not to divorce. When Yang said he had to leave, he took out his knife and asked Yang again if he couldn't get a divorce. Yang still said that he had to leave. He was completely desperate. He held a fruit knife in his hand and inserted it into Yang's heart. He also scratched the little finger of his right hand because he used too much force. Later, he opened the door and ran out. At that time, he also felt that Yang was catching up behind him. After that, he called his mother,, respectively, saying that he had killed Yang and told him to go back immediately to see if there was any chance to save him. Finally, I surrendered to the Taiping police station. 1 1. The site is located in Building 3, Jinlong Garden, Jiangpu East Road, Xiqiao, Nanhai City. The body was lying on its back in the stairwell on the second floor, with a small amount of blood on the right side of the body; A small amount of vomit was found on the right side of the body. A single-edged knife with black plastic handle was found in the middle of the platform between Room 20 1 and Room 202, with a total length of 24CM and a blade length of 12.5CM. A small amount of blood was found on the bamboo mat of the three-person sofa in the lobby of Room 20 1. A large area of dripping blood was found on the ground between the sofa and the coffee table. Police seized a single-edged knife with a black plastic handle at the scene. 12. Autopsy confirmed that the deceased had a 5 cm wound on the left upper abdomen and prolapse of the greater omentum, which was caused by acute violence and died of acute hemorrhagic shock. 13, the criminal test sheet confirmed that cotinine was detected in the contents of Yang stomach; No benzodiazepines and barbiturates were detected in Yang's heart blood. 14, the injury identification confirmed that the injured Liu Jianhong suffered from acute violence, which caused soft tissue injury of limbs, belonging to minor injuries. 15. The surrender certificate confirmed that Liu Jianhong surrendered himself to Taiping Police Station of Xiqiao Branch of Nanhai Public Security Bureau in the middle of July 2, and confessed to killing her husband Yang in Room 20 1 of Building 3 of Jinlong Garden on the evening of July 2 due to emotional problems. 16. The identity materials of the defendant Liu Jianhong confirmed his identity. Based on the above evidence, the reason, place, time, means and process of the murder confessed by the defendant Liu Jianhong are consistent with the witness testimony, on-site investigation transcripts, forensic examination reports and other evidence, which mutually confirm and form a complete chain of evidence. The fact that Liu Jianhong, the defendant, intentionally killed people is enough to prove it. The court believes that the defendant Liu Jianhong ignored the national laws and deliberately deprived others of their lives illegally, resulting in one death, which seriously violated the citizens' right to life and health, with serious consequences and great social harm. His behavior has violated the provisions of Article 232 of the Criminal Law of People's Republic of China (PRC), which constitutes the crime of intentional homicide. After committing the crime, the defendant Liu Jianhong voluntarily surrendered himself to the public security organ and truthfully confessed his crime, which constituted surrender and could be given a lighter punishment according to law. The fact that the public prosecutor accused the defendant Liu Jianhong of intentional homicide was clear, the evidence was true and sufficient, and the verdict was established. The defender argued that the victim Yang was at fault. After investigation, the extramarital affair of the victim Yang was the direct cause of this case. The victim's behavior violated the socialist family ethics and was at fault. Therefore, this opinion of the defender is adopted. Defender suggested that the defendant Liu Jianhong surrendered himself, which was verified and accepted. Defender suggested that Liu Jianhong, the defendant, notify the relatives of the victim for rescue after killing and take remedial measures, which was not confirmed by the investigation and was not adopted. Defender suggested that the defendant Liu Jianhong had a momentary intention, no premeditation, and less subjective malignancy. After investigation, the defendant repeatedly confessed that he was resentful because his husband had repeatedly proposed to divorce him, and he had the idea of killing the victim Yang, and bought the murder weapon in advance, so he did not adopt this opinion. According to the facts and circumstances of this case, according to the provisions of Article 232, Paragraph 1 of Article 67 and Paragraph 1 of Article 57 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows: Defendant Liu Jianhong committed the crime of intentional homicide, sentenced to life imprisonment and deprived of political rights for life. If you refuse to accept this judgment, you can appeal to the Guangdong Higher People's Court through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted. The presiding judge Xie represented Judge Wang and Judge Yang Jian.