I. Basic information
Defendant Yu Huan, male, Han nationality, was born on * * day of 199*. 20 16 was arrested on April 29th.
The People's Procuratorate of Liaocheng City, Shandong Province accused the defendant Yu Huan of intentional injury and filed a public prosecution with the Liaocheng Intermediate People's Court.
Defender and defendant Yu Huan put forward an opinion that Yu Huan had a justifiable defense plot and was over-defended, demanding a mitigated punishment.
Liaocheng Intermediate People's Court found through trial that:
2065438+July 2004, Su Moumou, the head of Shandong Yuanda Industry and Trade Co., Ltd. (located in guanxian Industrial Park), borrowed 1 10,000 yuan from Zhao Moumou, and both parties verbally agreed on the monthly interest rate 10%. 2065438+At about 6 o'clock on April 14, 2006, Zhao gathered more than ten people, including Guo Moumou, Cheng Moumou and Yan Moumou, to Shandong Yuanda Industry and Trade Co., Ltd. to urge them to pay their debts. At about 20 o'clock that day, Du Moujia drove to the company and barbecued and drank with others on the platform outside the office building. At about 2 1 50, Du Moujia and others came to the reception room on the first floor of the office building where Su Moumou and Su Moumou's son Yu Huan were located, urging them to owe money and insulting them. At around 22: 10, the police of the Economic Development Zone Police Station of guanxian Public Security Bureau arrived at the reception room after receiving the alarm. After asking about the situation, they went to the hospital to learn more about the situation. The defendant Yu Huan was prevented from leaving the reception room and clashed with Du Moumou, Guo Moumou, Cheng Moumou and Yan Moumou. Defendant Yu Huan stabbed Du Moumou, Cheng Moumou, Yan Moumou and Guo Moumou with a sharp knife. After hearing the news, the police returned to the reception room and ordered Yu Huan to hand over the sharp knife. Du Moujia, Yan Moumou, Guo Moumou and Cheng Moumou were taken to the hospital for rescue. Du Moujia died of hemorrhagic shock at 2 o'clock the next day. The injuries of Yan Moumou and Guo Moumou constitute serious injuries, and the injuries of Cheng Moumou constitute minor injuries.
Liaocheng Intermediate People's Court held that Yu Huan, the defendant, faced with the long-term entanglement of several debt collectors, could not correctly handle contradictions, stabbed many people with a sharp knife, resulting in one death, two serious injuries and one minor injury, and his behavior constituted the crime of intentional injury. Yu Huan stabbed the victim without unlawful infringement in the sense of self-defense, and his crime of intentional injury has serious consequences, so he should bear legal responsibility equivalent to the harmful consequences of his crime. In view of this case, the victim gathered to fight, used improper methods to collect debts, affected the normal business order of enterprises, restricted the personal freedom of others, insulted others, and the victim was at fault. After Yu Huan was brought to justice, he could truthfully confess his crimes, so he could be given a lighter punishment, sentenced to life imprisonment for intentional injury and deprived of political rights for life.
After the verdict was pronounced in the first instance, the defendant Yu Huan appealed. The reasons are as follows: (1) The facts identified in the original judgment are not comprehensive. It is not recognized that Wu Moumou and Zhao Moumou have repeatedly gathered black people to violently collect debts from Su Moumou. At the time of the incident, Du Moujia and others beat employees such as Huan and Su Moumou; Su Moumou actually borrowed money from Wu Moumou; After Du Moujia was injured, he drove to the distant guanxian People's Hospital, but did not go to guanxian Chinese Medicine Hospital. He also clashed with the hospital doorman, resulting in excessive blood loss and death. (2) The application of law in the original judgment was wrong, and the sentencing was extremely heavy. His behavior belongs to self-defense or excessive defense; He listened to the police's request, automatically put down the knife and truthfully confessed his behavior, which constituted surrender. (3) The original judgment violated legal procedures. The victim has relatives working in local procuratorial organs and government departments, and may interfere in the trial, but the court of first instance did not take the initiative to avoid it.
The procurator in court of Shandong Provincial People's Procuratorate issued the following opinions: (1) The original judgment did not fully identify the facts of the case. First, Su Moumou, the mother who was not recognized by Yu Huan, and Yu Moumou, the father, borrowed 6.5438 million yuan from Wu Moumou and Zhao Moumou at high interest rates, and then borrowed 350,000 yuan; 2. It is not recognized that Wu Moumou and Zhao Moumou gathered many people for illegal debt collection on April/0/0 and June/0/3, 20 16; Third, it was not recognized that Zhao Moumou and others claimed debts by keeping an eye on the defense, restricting their departure and disturbing the company's order on the afternoon of April 14; Fourth, it is not specifically recognized that Du Moujia and others took illegal actions against Su Moumou and Yu Huan on the night of 14, such as forcibly taking away their mobile phones, throwing cigarette butts, insulting, exposing their nakedness, taking off their shoes and covering their mouths, slapping their faces, scratching their hair, restricting personal freedom and so on. (2) The original judgment held that Yu Huan stabbed the victim with a sharp knife on the premise that there was no unlawful infringement in the sense of self-defense, which was an error of applicable law. Yu Huan's behavior is defensive, but it obviously exceeds the necessary limit, causing great damage. If it is excessive defense, it should bear criminal responsibility, but it should be mitigated or exempted from punishment. The prosecutor read out and presented the newly collected witness testimony, investigation experiment records and driving route maps, mobile phone call records, receipts and explanations of unplanned birth expenses, registration forms and explanations of receiving police, documents about the dismissal of a former deputy director of Liulin Branch of guanxian State Taxation Bureau on 20 15 due to abnormal work, registration forms of Wu Moumou being placed on file for investigation on suspicion of illegal detention, qualification certificates of appraisal institutions, copies of qualification certificates of appraisers, and witnesses. The Higher People's Court of Shandong Province comprehensively considered the appellant's appeal opinions, the defender's defense opinions, the opinions of the Shandong Provincial People's Procuratorate in court, the opinions of the victims and their agents ad litem, the evidence of the trial investigation and the facts ascertained, and made the following judgment in accordance with the relevant laws and regulations:
1. Rejected the appeals of the appellants (plaintiffs in civil litigation attached to the original trial) Du Mou 1, Xu Mou, Li Mou 1, Du Mou 3, Du Mou 4, Du Mou 5, Du Mou 6, and upheld the (20 16) Lu/kl of Liaocheng Intermediate People's Court of Shandong Province.
Second, cancel the first criminal part of the criminal incidental civil judgment of Liaocheng Intermediate People's Court of Shandong Province (20 16) Lu 15;
3. The appellant (defendant in the original trial) Yu Huan committed the crime of intentional injury and was sentenced to five years' imprisonment. (The term of imprisonment shall be counted from the date of execution of the judgment. In case of detention before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from April 20 16 to April 202 14).
This is the final judgment.
Legal basis:
Article 20 of the Criminal Law of People's Republic of China (PRC): Self-defense: In order to protect the state, public interests, the person, property and other rights of oneself or others from the ongoing illegal infringement, and stop the illegal infringement, causing damage to the illegal infringer, it belongs to self-defense and does not bear criminal responsibility.
If justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted.
Taking defensive actions against violent crimes such as assault, murder, robbery, rape, kidnapping, etc., which seriously endanger personal safety, and causing casualties of illegal infringers, is not excessive defense and does not bear criminal responsibility.
Article 63 A criminal with a mitigated punishment shall be sentenced to a penalty below the statutory penalty if there are mitigating circumstances stipulated in this Law. If there are several sentencing ranges stipulated in this Law, the penalty shall be imposed within the next sentencing range of the statutory sentencing range.
Although criminals do not have mitigating circumstances as stipulated in this Law, according to the special circumstances of the case, with the approval of the Supreme People's Court, they may also be sentenced to a penalty below the statutory penalty.
Article 61 General Principles of Sentencing When deciding the penalty, it shall be imposed according to the facts, nature, circumstances and the degree of harm to society of the crime and in accordance with the relevant provisions of this Law.