Some people may argue that the man was besieged and his personal safety was threatened. He acted in self-defense and should not be punished.
Let's take a look at the definition of self-defense: it refers to the act of stopping the illegal infringement on the person who is committing the illegal infringement, causing damage to the illegal infringer, which belongs to self-defense and does not bear criminal responsibility.
Accordingly, the man's behavior seems to belong to self-defense and should not bear criminal responsibility.
In this case, the man was tried for three years 10 months, and the original judgment was upheld in the second instance, but the defense lawyer refused to accept it and will appeal. The defense lawyer suggested that when the client Zheng Jianfeng arrived at the crime scene, he saw his nephew strangled by the other party, and the two sides had an altercation. It was not Zheng Jianfeng who started the trouble, but self-defense.
According to the judgment, at around 23: 50 on June 24, 20 18, Ou contacted Zheng Mouyun to deal with the noise of the freezer next door (brother Zheng Jianfeng). At 0: 00 10 the next day, Zheng Jianfeng met Ou et al. when riding a motorcycle through the scene. Someone pushed and shoved on the European side, first hitting Zheng Jianfeng, and then there was a physical conflict between the two sides.
According to the police's judicial appraisal, Zheng Jianfeng was slightly injured, two others were seriously injured and three others were slightly injured. After the incident, Zheng Jianfeng was charged with intentional injury, and six people, including Ou, were charged with stirring up trouble. Among them, whether Zheng Jianfeng's behavior constitutes justifiable defense has become the focus of controversy.
Huidong County Court made a first-instance judgment on Zheng Jianfeng's case, and found that his behavior constituted the crime of intentional injury, and sentenced him to 3 years 10 months.
According to the verdict, the court held that Zheng Jianfeng arrived at the scene with scissors. Get off before the motorcycle stops running? There was a conflict with Europe. The department arrived at the crime scene armed to the teeth and took the initiative to stir up trouble. His behavior does not meet the time conditions of self-defense. At the same time, in view of the fact that this case is a crime caused by the intensification of neighborhood conflicts, both parties are at fault, and Ou beat people first, so it should be considered as appropriate when sentencing.
During the trial of the Zheng Jianfeng case, six people, including Ou, participated in the affray. Because? The facts of the crime are unclear and the evidence is insufficient? Huidong County Procuratorate made a decision not to prosecute six people, including Ou.
However, the court pointed out that the reasons put forward by the defense lawyers were not mentioned in the previous stage and the trial stage. Moreover, the surveillance video of the incident and the testimony of witnesses confirmed that Zheng Jianfeng took the initiative to stop after riding a motorcycle to the scene, took out scissors from the motorcycle, walked up to the other side and insulted him, which led to a fight between the two sides. It was Zheng Jianfeng who deliberately provoked and Zheng Jianfeng who deliberately hurt, which was not self-defense.
Therefore, when we encounter conflicts with others, we must treat them calmly. You must never have conflicts or even quarrels because of a trivial matter, and you must not use self-defense as a shield. Those who do not meet the conditions of legitimate defense and those who defend themselves excessively shall bear criminal responsibility and must not take any chances.
End?