The results are out and the verdict has been pronounced! On June 23, 2017, the Shandong Provincial Higher People's Court found that Yu Huan's defense was excessive and constituted intentional injury, and sentenced Yu Huan to five years in prison.
The judgment is as follows:
1. Dismissal of the appellants (plaintiffs in the civil lawsuit attached to the original trial) Du 1, Xu, Li 1, Du 3, Du 4, Du The appeals of No. 5 and Du No. 6 upheld the second, third and fourth attached civil parts of the attached civil judgment of Lu 15 Xingchu No. 33 (2016) of Liaocheng Intermediate People’s Court of Shandong Province. No. 33 Criminal Judgment with Civil Judgment;
2. Revoke the first part of the (2016) Lu 15 Xingchu No. 33 Criminal Judgment with Civil Judgment of Liaocheng Intermediate People’s Court of Shandong Province;
3. Appeal Yu Huan (the defendant in the original trial) was convicted of intentional injury and sentenced to five years in prison. (The sentence is calculated 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 equivalent to one day of the sentence, that is, from April 15, 2016 to April 14, 2021).
Extension:
Legitimate defense shall meet the following conditions:
1. It must be a defense against unlawful infringement. The defense must be against unlawful infringement;
II. It must be when the unlawful infringement is ongoing;
III. The defense cannot exceed a certain limit.
Unlimited defense refers to taking defensive actions in response to ongoing violent crimes such as murder, robbery, rape, kidnapping, etc. that seriously endanger personal safety, resulting in casualties and injuries to unlawful offenders. This does not constitute excessive defense. , it is still legitimate defense and not criminally responsible.
References: Shandong High Court - Criminal and Civil Judgment of the Second Instance of Yu Huan’s Intentional Injury Case