After the incident, Hu was criminally detained by the public security organs on suspicion of intentional injury. Wang's project department and Hu's project department compensated Wang's family for 300,000 yuan. After arriving at the case, Hu confessed to the fact that he beat Wang and others with a stick, but insisted that it was to protect his father, and his behavior should belong to legitimate defense and not be criminally responsible.
However, after hearing the case, the court of first instance held that the conflict between Hu and the victim Wang and others due to the use of wood on the construction site turned into a fight, which was a mutual fight and not a legitimate defense. According to the provisions of the criminal law, whoever intentionally hurts others and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than 10, life imprisonment or death.
Specific to this case, Hu's behavior caused 1 person to die and 1 person to be injured, and the consequences were very serious. However, considering the victim's own fault, the two project departments have compensated the victim. Therefore, the court of first instance found Hu guilty of intentional injury, sentenced to 10 years in prison and deprived of political rights for one year. After the judgment of the first instance, Hu and Wang's family refused to accept the appeal.
Wang's family believes that on the one hand, the compensation given by the two project departments is based on Wang's work here, not on Hu, so Hu should still give civil compensation; On the other hand, Hu's behavior caused 1 person to die and 1 person to be injured, and he was only sentenced to 10 years in prison, which was too light. However, Hu and his defenders insisted that Hu faced four people beating his father, and the strength of the other side was obviously superior. His behavior is to protect his father from infringement, which belongs to self-defense and should not bear criminal responsibility.
What is the verdict after the appeal? After trial, the court of second instance held that: firstly, after seeing that his father was knocked down to the ground, Hu beat Wang to protect his father's personal rights from ongoing illegal infringement, which was defensive in nature, but directly hit Wang's head with a wooden stick twice, which obviously exceeded the necessary limit, resulting in one death and one minor injury. His behavior belongs to excessive defense and constitutes the crime of intentional injury. However, in view of Hu's excessive defense and surrender after the incident, the punishment can be mitigated according to law. The conviction in the first instance was accurate, but the sentence was too heavy and should be changed.
Second, when Wang and Hu's project department compensated Wang's family, Hu's family did not participate, and the two project departments did not explicitly replace Hu to compensate the victims, especially Wang's company compensated Wang instead of Hu, which obviously violated common sense. In summary, the court of second instance sentenced Hu to 7 years in prison for intentional injury and compensated Wang's family for economic losses of 50,000 yuan. Dear readers, what do you think of this?