Second, cancel the first criminal part of the criminal incidental civil judgment of Liaocheng Intermediate People's Court of Shandong Province (20 16) Lu 15;
3. The appellant (defendant in the original trial) Yu Huan committed the crime of intentional injury and was sentenced to five years' imprisonment. (The term of imprisonment shall be counted from the date of execution of the judgment. If the person is detained before the execution of the judgment, one day of detention will be converted into one day of fixed-term imprisonment, that is, from April 20 16 to April 202 14).
Extended data:
Excessive defense refers to a criminal act that obviously exceeds the necessary limit and causes great damage and should bear criminal responsibility. The so-called excessive defense means that legitimate defense is beyond the scope of defense stipulated by law and should bear criminal responsibility. It is of positive significance to encourage citizens to better exercise their right to defense, protect their legitimate rights and interests and maintain social order.
The act stipulated in the third paragraph of Article 20 of China's Criminal Law, excessive defense, is a continuous attack on murder, robbery, rape, kidnapping or other violent crimes that seriously endanger personal safety, and illegally infringes on others to cause casualties, which does not constitute excessive defense and does not bear criminal responsibility.
2065438+September 2008, the Supreme People's Court issued a statement, demanding that the identification standards and punishment principles of excessive defense be issued in time to encourage justifiable defense.