Broke into a massage parlor after drinking in the early hours of the trial.
At 2 o'clock in the morning on September 20 18, Lumou arrived at the door of a pedicure shop after drinking.
I was awakened by Lu's knock on the door. Wearing only underwear, he refused to open the door for Lou because he had closed it. Lu didn't listen, pushed open the locked door outside and entered the store.
According to the defense lawyer, during the break-in, Lu shouted "kill you" and other offensive words.
In this case, I went back to the store and picked up a folding knife. I said it was a fruit knife.
In video surveillance, Lu broke the glass door and entered the pedicure shop as soon as he took the knife. The two men had a fight.
After the incident, the surveillance video was stabbed into the abdomen and died after being sent to the hospital.
In a fight with Lu, Yu stabbed Lu in the abdomen with a knife and made him fall to the ground. Immediately, two people resting on the second floor came to the first floor, called the police and dialed 120. After the ambulance arrived, Yu used the ambulance to take Lu to the hospital.
According to the defense lawyer, after Lu fell to the ground, Yu took the initiative to cover the wound with a towel to stop bleeding, and paid the registration fee for Lu after arriving at the hospital.
After learning that Lu might be seriously injured and die, Yu fled the hospital and went to the cemetery near his home. He kowtowed at his father's grave, and then called his ex-wife and son to say that he would commit suicide. However, under the dissuasion of his ex-wife and son, Yu surrendered to the police station.
Lu was in the hospital and died of massive bleeding.
The court at the scene of the verdict found that the defense was excessive and did not support the family's 800,000 compensation request.
Defense lawyers believe that Lu's act of breaking into the store is illegal. As a result, there is a big gap between the four levels of physical disability and the land. If you can't protect yourself without tools, it should be self-defense.
The plaintiff's attorney believes that Lu once came to a pedicure shop and broke into it not for the purpose of killing, but for the purpose of getting a pedicure. Although the pedicure shop was closed at that time, it still served other customers after 0 o'clock. So this does not constitute justifiable defense or excessive defense, but intentional injury.
The plaintiff's family also filed a civil compensation lawsuit with the court, including funeral expenses of more than 30 thousand yuan, totaling more than 820 thousand yuan.
In the end, the court found that although an act was defensive in nature, it constituted the crime of intentional injury. Due to the circumstances of surrender, the punishment was mitigated, so he was sentenced to 4 years in prison and compensated the plaintiff for economic losses of 35,000 yuan.
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