Party information
Defendant Wu Xianzhong, male, Han nationality, junior high school education, unemployed, registered in Hengyang City, Hunan Province, temporarily lived in Yuancheng District, Heyuan City before his arrest. 1999 12.23 was sentenced to three years' imprisonment by Guangzhou Railway Transport Court for committing the crime of intentional injury, and was released on August 3, 2006. 14 was sentenced to five years' imprisonment on September 20, 2006 by the people's court of Zhuhui District, Hengyang City for intentional injury, and was released on September 20, 2006. He was criminally detained on April 30th, 20th14th on suspicion of intentional homicide, and was arrested on May 3rd of the same year. He is now being held in Heyuan detention center.
Trial process
The Intermediate People's Court of Heyuan City, Guangdong Province tried the case that the People's Procuratorate of Heyuan City, Guangdong Province accused the defendant Wu Xianzhong of intentional homicide. On April 29, 20 15, criminal judgmentNo. (20 15) was made, and the defendant was sentenced to death for intentional injury, suspended for two years, and deprived of political rights for life. After the verdict was pronounced, there was no appeal or protest in this case within the statutory time limit. Heyuan Intermediate People's Court reported to our hospital for review according to law. Our hospital formed a collegial panel to conduct a review according to law, and the review has ended.
Upon examination, it was found that at 20 o'clock in the evening of April 16, 2065438, the defendant lost money playing mahjong with Cai and others in the mahjong hall at Satellite Shangxing Road 1 1, Yuancheng District, Heyuan City, which was thought to be caused by cheating with a local bystander. 18 At about 0: 00 in the morning of June, Wu Xianzhong came to the mahjong room again with a dagger, asking Chen Mou to pay, or finding out the local men who were watching at that time. Then they quarreled and fought. In the fight, he stabbed Cai in the chest with a dagger and fled the scene, and scratched Yao Mouqing who was chasing. Chen Mou died after being rescued. It was identified that the victim, Chen Mou, was stabbed in the chest by a sharp instrument, which caused the aorta to rupture and died of massive blood loss. 2065438+On April 23rd, 2004, Wu Xianzhong was arrested and brought to justice in his rental house located in Wei Xing Road, Yuancheng District.
Case facts
The above facts were confirmed by the following evidence confirmed by cross-examination in the trial of first instance: witness Yao Mouqing confirmed that he had a quarrel with the victim because he lost money playing mahjong, took out a folding dagger from his trouser pocket, stabbed the victim in the chest, caught up with him, and was hit in the chin by a knife hand, which was recognized by witness Yao Mouqing; Witnesses Huang and Zeng Moulong witnessed the process of fighting with the victim and stabbing the victim in the chest with a knife; The testimony of witness Sun Mouping confirmed Wu Xianzhong's theory that he lost money with the mahjong boss at the crime scene. Witness Sun Mouping identified Wu Xianzhong; The testimony of witness Cui confirmed that there was a conflict with the owner of the mahjong hall before the incident and identified it. Witness Zhou Momei's testimony confirmed that after the incident, Wu Xianzhong instructed him to stab the mahjong boss with a knife and identify Wu Xianzhong; The transcripts and photos of the on-site investigation by the public security organs confirmed the situation of the crime scene, and the forensic autopsy report issued by the public security organs confirmed that the victim's death was caused by aortic rupture and massive blood loss caused by stabbing his left chest with a single-edged sharp instrument. After the defendant Wu Xianzhong was brought to justice, he confessed to the fact that he stabbed the victim with a knife and killed the victim, and identified the crime scene. The events of his confession are confirmed by the above evidence, which is enough to confirm.
Court view
We believe that the defendant Wu Xianzhong injured others with a knife, causing one death, and his behavior has constituted the crime of intentional injury. Defendant Wu Xianzhong was twice sentenced to fixed-term imprisonment for intentional injury, and the second time was sentenced to fixed-term imprisonment for intentional injury. He commits a crime that should be sentenced to fixed-term imprisonment or more within five years after his release. He is a recidivist and should be severely punished according to law. After the defendant was brought to justice, he truthfully confessed his criminal facts, pleaded guilty with a good attitude and showed remorse, and may be given a lighter punishment as appropriate. The facts ascertained in the original judgment are clear, the evidence is true and sufficient, the conviction is accurate and the sentence is appropriate. The trial procedure is legal. In accordance with the provisions of Article 234, paragraph 2, Article 48, paragraph 1, Article 57, paragraph 1 and Article 65 of the Criminal Law of People's Republic of China (PRC) and Article 237 of the Criminal Procedure Law of People's Republic of China (PRC), the ruling is as follows:
Case results
The Intermediate People's Court of Heyuan City, Guangdong Province (20 15) was approved to sentence the defendant to death for intentional injury, with a two-year suspension of execution and deprivation of political rights for life.
This ruling shall take legal effect as of the date of service.