Case 1: Self-defense. Zhao and Li are friends in the same village. They went out to work together a few years ago. Have close contacts with people in the village. However, 35-year-old Zhao is still single, and Li married the handsome Ms. Tan in the neighboring village the year before last.
Although everyone in the village knows that Zhao and Li are friends, Zhao is sincerely jealous of Li. Zhao thinks his looks and abilities are better than those of Li Qiang, but in recent years, Li has built a new house and married a talkative wife, but he is still empty-handed and unhappy.
Once, Li went to the provincial capital for a few days, and Li Jia was catching up with the shortage of farm work. Zhao, who is strong, will naturally help Tan. That evening, Tan cooked a good dish for Zhao, during which both of them drank wine. Tan drank too much and was drunk.
Zhao suddenly had a bad idea. He helped Tan to bed and began to move. During the period, Tan wanted to resist, but he couldn't bear Zhao's strength and could only let him have sex with himself. Tan's husband, Li, just rushed home, found this scene, picked up a chair and smashed it at Zhao, just hitting Zhao's brain, and died after being rescued by the hospital.
In this case, Zhao Mingxian is suspected of rape, and according to the provisions of China's criminal law on justifiable defense, he takes defensive actions against ongoing violent crimes such as assault, murder, robbery, rape and kidnapping, which seriously endanger personal safety, causing casualties of unlawful infringers, which does not belong to excessive defense and does not bear criminal responsibility. Tan's husband is not criminally responsible for Zhao's unreasonable defense and killing or injuring him.
Case 2: Not self-defense. Mr. and Mrs. Li work on the construction site and live in the dormitory on the construction site. One night, Li went out to play cards and his wife was washing clothes in the dormitory. On the same day, Li Lian continued to lose cards and admitted that he was unlucky. He went home early, heard his wife crying in the dormitory and climbed to his window from the water pipe on the first floor. After entering, Li found Huang pressing on his wife, who struggled desperately.
Angry Li Chong went up and wrestled with Huang, but Li was no match for the tall Huang. Instead, he was beaten several times and fell to the ground. Hwang quickly put on his pants and ran away. Knowing that he couldn't beat the other side, Li ran to the kitchen and took out a kitchen knife to chase Huang until Huang fell to the ground.
Li fled for several months, and then surrendered. After the court's judgment, Li committed the crime of intentional homicide, but surrendered himself. Huang was at great fault in this case. Therefore, Li was given a lighter punishment and sentenced to life imprisonment in the first instance.
The summary is also witnessing the wife being sexually assaulted and the husband killing each other, but the verdict is quite different from the previous case. In this case, Li "found Huang on his wife, and her wife struggled desperately", which was "intentional homicide", and Li and his wife could exercise unlimited defense rights.
However, after Huang escaped, Li still chased Huang with a knife and killed Huang after wounding him for mercy. What he exercised was no longer the "right of defense", but the punishment in a rage, which constituted the crime of intentional homicide. In this case, Huang has died, and the story of the case is mainly stated by Mr. and Mrs. Li. According to the evidence, Huang's rape behavior could not be identified, so Li was sentenced to life imprisonment.