Can Yakushin's evidence and arguments be used as a condition for sentencing him? Why?

No, because this is an extremely serious crime. Even if it is a first-time offender or an occasional offender, it is not enough to reduce the punishment.

The Higher People's Court of Shaanxi Province held that the criminal facts of Yao Jiaxin's intentional homicide were clear and the evidence was true and sufficient. Yao Jiaxin ran over the victim, Zhang Moumou, and killed Zhang Moumou to avoid responsibility, which constituted the crime of intentional homicide. On the fourth day after the incident, Yao Jiaxin was led by his parents to surrender to the public security organs, and truthfully confessed the facts of the crime, which constituted surrender.

However, after Yao Jiaxin knocked down the victim with his car, he stabbed the victim in the chest, abdomen and back with a knife in order to escape the responsibility for murder, causing the victim to die on the spot. The criminal motive was extremely despicable, the means were particularly cruel, and the circumstances were particularly bad. It was a very serious crime. Although it was a first-time offender and an occasional offender, it was not enough to reduce his punishment. The reasons for the defender's appeal and defense opinions are not accepted. The opinions of Shaanxi Provincial People's Procuratorate are correct and adopted.

Extended information:

Relevant information of Yao Jiaxin case:

1. With the approval of the Supreme People's Court, on the morning of June 7, 211, Yao Jiaxin, a criminal of intentional homicide, was arrested and brought to justice in Xi 'an, Shaanxi Province. On the morning of June 7, 211, he was executed according to law in Xi 'an, Shaanxi Province. After the Xi 'an Intermediate People's Court made the above ruling that morning, Yao Jiaxin was executed.

2. The defense lawyer at the trial site submitted three materials to the court, including a newspaper report about Yao Jiaxin's voluntary submission of repentance, 13 incentive materials for Yao Jiaxin during his school days, and 4 petitions from the defendant's alumni, classmates and neighbors, requesting the court to give the defendant a chance to turn over a new leaf.

On the 3rd, the case of Yao Jiaxin, a junior student of Xi 'an Conservatory of Music, who was highly concerned, was heard in Xi 'an Intermediate People's Court at 9: 45 am on March 23rd, 211. Nearly 3 relatives such as Wang Hui, the husband of the victim, attended the trial, and dozens of Chinese and provincial media such as CCTV and more than 4 college students attended the trial.

Baidu encyclopedia-Yao Jiaxin