▲ Wu's photo with friends. Screenshot of page
The scuffle lasted only a few minutes.
Eight men broke into the room, and four of them rushed at 16-year-old Wu, punching and kicking. Wu is lying on the bed. Suddenly, he took out a folding knife in one hand and stabbed it with his backhand. One person was stabbed in the abdomen and died after being rescued. Two others were stabbed.
Both groups have been wandering the streets for a long time, and many of them have criminal records. The two minors involved are only 13 years old. They didn't know each other before, and they just got it from a few words in front of the hotel.
On March 2, 2022, the case was heard in Anfu County, Ji 'an City, Jiangxi Province/0/0 month after the incident. Because Wu was besieged and injured at the time of the crime, whether Wu belonged to self-defense became the focus of debate in the trial. Defence lawyers believe that Wu didn't deliberately fight, but waved his knife after the other side shouted provocation with a knife and was beaten, which constituted a legitimate defense against the attack.
On May 3 1 day, Anfu County made a first-instance judgment on this case. Wu's behavior was excessive defense, and he was convicted of intentional injury and sentenced to eight years in prison. He also committed the crime of affray, sentenced to three years, combined with several crimes, and decided to execute it for ten years.
However, eight days after the case was pronounced, Anfu County protested that there was a sentencing error in the judgment, which led to excessive sentencing; The next day, Wu Xiang filed a criminal appeal.
On August 3 1, the case was heard in the second instance in Ji 'an City, Jiangxi Province, but it was not pronounced in court. This case has once again caused controversy. The next day, Ji 'an Intermediate People's Court issued a case report in response to the public, saying that it would make a fair judgment on the basis of comprehensive and objective facts of the case.
At the same time, it is also mentioned in the notice, and there are some past events of this 16-year-old dropout. In the hotel with people, chasing students at school, fighting at KTV, right? ...
▲ August 29th, room 4 10 of the hotel involved. It happened in this room in the early morning of May 8, 2022. Reporter Luo Zhenyu photo
An invading stranger
In the early morning of May 8, 2022, the door of the hotel where Wu and his companion Xu Xin stayed was knocked.
Come on, they don't know each other. According to Xu Xin's memory, Wu went shirtless to open the door, and the other party asked a few words. Wu Shiyong replied, "Brother, you knocked at the wrong door." Then he closed the door.
A case record obtained by the reporter shows that the knocker was nicknamed "Xiaohei" and his age was 19. He served a year in prison for the crime of stirring up trouble, just four months after he was released from prison at the time of the crime. Blackie's companion mentioned in his testimony that after the door was closed, Blackie said loudly to the people inside: "Come back (just stare), wait (wait), I'll call someone."
This street is the most prosperous place in Pingdu Town, Anfu County. Even in the middle of the night, the signs on the street are still shining. The hotel is located in the northeast corner of the intersection, six floors above and below, or it is only because of accommodation 100 yuan a night, and there are often "young people" who don't come back all night.
On the night of the murder, Wu He and a man and two women stayed in this hotel. He was originally from Yongxin County nearby, and rented a house in Anfu County more than half a month ago. One of Wu's companions told reporters that Wu had a conflict with a group of people in Yongxin County before, and his left arm was chopped by an axe and he rested for more than two months. In order to avoid the embarrassment of meeting acquaintances in his hometown, he went to Anfu County and planned to find a job as a waiter.
According to the verdict, on the evening of May 7, 2022, Wu and his companions sang and drank in KTV. At about 23 o'clock, Wu and 65,438+03-year-old Xu Xin came to the hotel with two girls. Soon after, two girls went out and met three other men near the hotel.
The girls said in their testimony that the other party invited them to have a midnight snack together, but they didn't like one of them named "Xiaohei" and returned to the hotel.
Three people followed. Coincidentally, Xiao He lives in Room 405 of the same hotel. Back to the hotel, he passed by Room 4 10, heard the voices of two girls in the room, and knocked on the door of Room 4 10.
After eating the "closed door", Xiaohe called two friends and said "someone wants it". Before his friend came, he went back to his room to get one, then went to the second floor of the hotel where the sundries were placed and got a wooden knife welded with steel pipes.
After the friend arrived, Xiaohe knocked on the door of 4 10 again, and no one answered. According to Xu Xin, who was in the house at that time, the sound of knocking at the door was louder than last time. "That kind of kick."
At about 0: 45 in the morning, Xiaohe went to the front desk of the hotel to get MasterCard, opened the door and returned to the door of 4 10.
▲ On August 28th, the location of the hotel was involved. Reporter Zuo Lin photo
A chaotic war
The door lock turned and five people entered room 4 10.
A room of more than ten meters was occupied by two single beds. Xu Xin said that he and Wu didn't expect the other party to brush the door directly with the room card. The other side was tall and fierce, and shouted at them, "I'll give you face!" " "Give you time to call someone yourself."
The verdict shows that after the door was opened, the little black hand entered the room with a firewood knife and leaned it against the wall that entered the door, followed by four others. Blackie pointed at Wu, asked who they were, where they came from and who they were with, and asked Wu to call someone over. Wu hit him, saying that someone was going to hit him and told them to "bring something." Blackie's companions saw it and called someone.
The 22-year-old seafood was one of the last three people to arrive. His real name is Luo. After dropping out of junior high school, he went to work in other places and went back to Anfu's hometown every once in a while. His friends often call him "seafood". Before the incident, he was near the hotel and happened to meet a friend called by Blackie and his gang, so he went with him.
At 0: 48, three seafood people entered the hotel.
Happened in a flash. According to the verdict, someone in Xiaohei took off a slipper on his foot, threw it at Wu, touched the room with his finger and shouted "Hit". Wu strike back, seafood and other three people swarmed, punched and kicked Wu, and the other punched and kicked Wu.
At this point, the phone has not been hung up by Wu. The companion who answered the phone told the reporter that he heard a shouting voice from the opposite side: "Yongxin dares to go to Anfu to play gong (Jiangxi dialect, meaning mixed)!" In the meantime, mixed with the sound of slippers flapping, Wu shouted "Don't mess with me!" The network signal is interrupted.
According to the verdict, in the chaos, Wu took out the folding knife he carried with him and stabbed one person's right shoulder, while the other person had blood on his waist. With the sound of "ah", seafood fell on the bed, clutching his stomach.
According to Wu's friend, this folding knife was purchased by Wu before the incident, a ***3, and the length of the knife is about 10 cm. Because he was "in trouble" by a group of Anfu people, Wu took one of them for self-defense.
After the seafood was stabbed, someone saw him trying to get the firewood knife, but he didn't pick it up and the firewood knife fell to the ground.
Wu confessed that when he saw the firewood knife being pushed to the ground, he threw it away, picked it up and waved it at each other a few times. The other party ran out. He ran after him with a steel pipe knife, stopped Xiaohei at the elevator entrance and warned him not to bother himself again. Xiaohei said yes, so he let Xiaohei go.
Wu chased after the hotel with a firewood knife, and his companions picked it up and followed. The crowd downstairs dispersed in a hubbub, and blood drops extended all the way from the hotel lobby. Seafood, wearing a white T-shirt and soaked in blood, fell in front of the hotel.
▲ Wu once wandered around the square with his companions. Reporter Zuo Lin photo
Become a fugitive
At about 0: 52, Wu left the hotel and ran towards the rental house.
"We thought the other side would fight back with weapons, so we went down with a firewood knife." Xu Xin told reporters that at the intersection near the rental house, they met three friends, including Liang Li, who just bought a fruit knife, and Wu, who had previously bought a red tassel gun and a folding knife.
"I saw a lot of blood on his hands, and his whole head and back were swollen. He didn't say anything, but his finger was scratched. " Liang Li recalled to reporters that after several people met, Wu would throw it on the side of the road and say that he had stabbed someone. I told everyone to run for fear of Wu's revenge.
He, Xu Xin and Liang Li hitchhiked to the countryside of Yongxin County and turned to Xinyu City on the way.
Wu Xiang Liang Li mentioned this scene, saying that several people surrounded him and threw him on the bed, but he couldn't turn over and felt suffocated. He can only stab him back with a knife. Liang Li said that after hearing the rumors of death, Wu still didn't believe it and kept saying "impossible"
According to Wu's companion's recollection, Wu and his party met in Xinyu at 5: 00 a.m. on the 8th and went to the hotel for a rest. Soon after, Xinyu Yushui Branch arrested Wu and others in Taian Hotel, Shengli North Road, Yushui District.
When Wu and others fled, seafood's stepfather was riding a motorcycle from a village more than 60 kilometers away to Anfu County.
In the early morning of May 8, at 1 o'clock, my stepfather received a phone call from the incident and didn't believe it for a while. "Are you busy recently?" He tentatively sent a WeChat to seafood. The caller of seafood said, "Uncle, something happened to seafood. Come here. " On the other end of the phone was the voice of his son and classmates. He realized, "Something really happened to seafood."
Admission records show that at 2: 30 on May 8, seafood was declared dead after being rescued. The seafood department was stabbed in the abdomen by a sharp instrument, which led to the rupture of the superior mesenteric artery and the right renal artery and died of acute massive blood loss.
On the day of the incident, Anfu County decided to file a case for investigation. Gangs involved in gangs, except the deceased and one who didn't do it, surrendered voluntarily from May 8 to 2, 2022, or were summoned to the case and arrested.
Wu, who stabbed seafood with a knife, was also criminally detained on May 9, 2022, arrested on May 22, and detained at Anfu County Detention Center.
debate
On February 25, 2022, Anfu County prosecuted its behavior. On March 2, Anfu County held a hearing to hear the case.
According to a case material obtained by the reporter, after the incident, Wu also wanted his young companion to take the blame. Wu's mother also confirmed to reporters that Wu said to Xu Xin: "You are dissatisfied with 14 years old and are not criminally responsible. Then you will say that you have been stabbed. " However, during the trial, Wu still told the truth.
Because Wu's stabbing occurred during the siege, whether Wu established justifiable defense became the focus of controversy in the trial.
The public prosecution agency believes that Wu's behavior has constituted the crime of intentional injury and belongs to excessive defense. Considering that Wu is a minor, he confessed the facts truthfully after being brought to justice, voluntarily pleaded guilty, actively compensated the victims' families for losses and obtained understanding, and suggested that Wu be sentenced to five years in prison for intentional injury.
It is worth noting that in addition to the above hotels, the fact that Anfu County accused Wu was accompanied by a fight that took place in February 2022. In this regard, the public prosecution agency suggested that Wu be sentenced to two years in prison for the crime of stirring up trouble, which was considered evil.
Wu's defense lawyer argued that in this case, Wu did not intend to fight, but he had defensive intentions. His attack on the little black side was a legitimate defense, not "obviously exceeding the necessary limit", and there was no excessive defense; Wu was in a rebellious period of youth at the time of the crime, and he was on the road of no return because of improper family education. Requested the court to focus on the concept of salvation, combined punishment for several crimes and sentenced to six years. In addition, the number of times Wu participated did not reach the standard of evil.
People think that Wu was over-defensive-although Xiaohei carried it, he didn't use it to hurt Wu. Xiaohei only threw Wu with slippers and hit Wu with his hands and feet. Wu's degree of injury does not constitute a rating. The behavior of the little black gang did not seriously endanger Wu's personal safety, nor did it cause serious and imminent danger to his personal safety. It was not intentional homicide. Evil, that is, "the number of times of participation has not reached the standard of evil" and the fact that it is not, will not be adopted.
On May 3 1 day, Anfu County made a first-instance judgment on this case: Wu was convicted of intentional injury and sentenced to eight years in prison; He was convicted of affray, sentenced to three years in prison, combined with several crimes, and decided to execute it for ten years.
However, a week after the case was pronounced, on June 8, Anfu County protested, arguing that there was a sentencing error in the judgment, which led to excessive sentencing, heavy sentencing of misdemeanor and obviously improper application of punishment.
On June 9, Wu Xiang filed a criminal appeal. On the morning of August 3 1, Ji 'an Intermediate People's Court held a hearing on the case of Wu's alleged intentional injury and affray.
According to the briefing issued by the hospital, in the debate in the court of second instance, Wu's defense lawyer argued that Wu set up special defense in the case of stabbing people with a knife and was not criminally responsible. If it is determined that the defense is excessive, the punishment should also be mitigated according to the age and behavior. However, he still believes that Wu constitutes the crime of intentional injury and affray, but the sentence is extremely heavy. The case was not pronounced in court.
Yin, a lawyer who has had many "anti-homicide cases", believes that the current provisions on "justifiable defense" are relatively clear, and the general principle of judging whether it constitutes justifiable defense should be viewed from the perspective of defenders. In Yin's view, for cases involving defensive nature, especially those involving minors, we should be cautious in the process of arrest and prosecution, fully understand and grasp the evidence, and comprehensively consider whether to prosecute and sentencing standards.
In more and more cases, there have been discussions and even debates about self-defense.
On September 22nd, Miao, Director of Higher Education Department, said at the press conference of "Contributing to Building a Well-off Society in an All-round Way" that in recent years, the proportion of cases in which justifiable defense is applied has risen sharply. In 2022 and 2022, 8 19 people were not arrested or prosecuted for self-defense, 2.8 times that of the previous two years.
"We think this discussion and debate is of positive significance." Miao said, in order to respond to different understandings in practice in time and unify the applicable standards of law, at the end of 2022, the Supreme People's Procuratorate issued 12 batches of guiding cases of justifiable defense. In 2022, the Supreme People's Procuratorate will issue guiding opinions on the application of the justifiable defense system, and in the same year, it also issued six new typical cases of justifiable defense.
Miao Mingsheng pointed out that the next step will be to strengthen the integration of law, reason and emotion to protect the legitimate rights and interests of defenders to the maximum extent; Strengthen evidence guidance, collect, fix and carry out defense evidence in a timely and comprehensive manner; Strengthen responsibility, dare to identify cases that belong to self-defense or have defensive circumstances, and also publicize and guide not to abuse the given right of self-defense to avoid excessive and undue damage.
"idols of Taoist people"
In addition to this knife wounding case, the case report issued by Ji' an Intermediate People's Court also mentioned some of Wu's past.
From April 2022 to February 2022, Wu Zaibin, who was still in Yongxin County, held a knife, stayed at the gate of middle school after school, chased students, fought in KTV, smashed cars with stones and stabbed people at the gate of the hospital.
Because of two facts of affray, one fact of detention and three facts of affray, it was recognized as "evil" by the public prosecution organ. However, considering Wu's age, only one incident occurred in February 2022, which made Wu suspected of gathering people to fight.
A friend familiar with Wu told reporters that it was in this scene that Wu stabbed people with a red tassel gun and chased each other, but his left arm was chopped by an axe. When he ran away, his arm with steel nails "could not be lifted".
In fact, Wu, who is 16 years old, has become a "minor celebrity" in a certain circle in Yongxin County.
Even though he dropped out of junior high school, many local middle school students have heard of him. In the interview, they told reporters that they were "not surprised" by what happened in Anfu this time. Previously, they often saw Wu wandering in the streets of the county, "people who met on the road."
Liang Li met Wu on the road. It was August 2022. He was threatened by a group of people. When he heard that Wu got along well, he invited his friends to come forward, and then things were easily solved.
Liang Li said that in their circle, when Wu is old, he will be called "brother" by others. In their eyes, Wu is "very brave". "Brothers want money, take it out without saying anything, and it doesn't matter if you don't return it. No matter what happens, just call him and he will help settle it. "
Wu, who is still underage, has a "mature" age. A few weeks before the knife wounding incident, a group of people with friends knocked on Wu's door and went to the hotel to "make trouble". Wu "kindly" handed everyone a cigarette, and after a few words, things were solved.
A teacher often sees the child's photo in the class teacher's group. In his mind, he is a "problem of juvenile". The owner of the grocery store on the street often sees Wu coming in and out of the hotel, always buying cigarettes and wine.
He has studied smoking for a long time, has a hairstyle and likes tattoos. His left arm and back are patterned, and there is a flower on his chest.
▲ Steel pipe wooden knife carried by Xiao Heifang. Respondents provide
From "obedient children" to street teenagers
In the descriptions of classmates and friends who are familiar with Wu, Wu's "change" began in middle school.
When I was in grade one three years ago, Wu was still a student with short hair, and his grades were not bad. When he is not at school, he likes to watch hot spots with a flat screen. When he meets the elder next door, he will politely "aunt".
His parents divorced in his early years, and his mother Wu Xia took him to rent in a low-rent house on the edge of the county seat. Wu Xia feels that her son is usually obedient. Although she often goes out to work, she is still very strict with her son and only lets him go out to play once or twice a week. "We have a bad atmosphere here. I'll tell him who not to play with. The biggest fear is that he will fight. "
Wu's mother is the closest person. Once his mother had a minor operation, and he was so anxious to borrow money everywhere at a young age. But he will also complain to his neighbors of the same age that he "has no freedom", and even the invitation to "go to the park" can only be rejected. Sometimes when he goes to his neighbor's house to play, he finds out the stolen old mobile phone and watches it on the sofa for a while.
Wu's classmates told reporters that after entering junior high school, Wu's academic performance plummeted, and there were more "friends" around him, and fighting became a commonplace.
Wu's alumni in middle school have appeared in the games mentioned in the bulletin many times. He has seen Wu being "bullied" by other students, and several people around him punched and kicked him in the mouth. "Wu is not a loser. If someone hits him, he will fight back. "
In the summer of 2022, Wu, who was in the second day of junior high school, met with four friends to work in Shenzhen. They make Bluetooth headsets in an electronics factory. They worked on the assembly line for more than a month, each took more than 2000 yuan, and then quit their jobs and returned to the county. Wu has never been to school since he came back from work.
In Liang Li's impression, Wu spent most of his time with "friends", playing games, playing cards, drinking and singing K, and going to the crowded square to "see girls".
The fighting became more and more fierce. Liang Li said that Wu left school with a "boss". "Boss" taught him not to be timid when he was provoked in the street, and the way of fighting changed from "moving the knife" to "moving the knife".
Wu seldom mentioned his mother's experience after dropping out of school. Separated, he didn't realize the change of his son.
Since the second year of divorce, I have never seen his son Wu again. "On one occasion, Wu asked me to transfer money to him to go out to work, but I didn't give it. Later, he stopped with me. " In my mind, Wu was still the clever and obedient little son. It was not until one day in 2022 that Wu was questioned by the police for fighting that he was called over.
Long Jun felt that his son had changed a lot. "He grew so tall that he became unreasonable." He couldn't figure out the reason: "Is this a family problem? Tutoring may also be a bit problematic. "
After the incident, he wrote three letters to Wu at the detention center, urging him to "behave well". During his detention for more than a year, Wu wrote greetings to his mother, aunt and grandfather, but did not reply.
It's not just Wu who dropped out of school early and wandered outside. The seafood he stabbed had a similar experience.
Zhu Qingmin, the stepfather of seafood, told reporters that when seafood was 5 years old, his mother died and his mother worked everywhere. Seafood lives with grandparents until 13 years old. Father and son don't spend much time together. "He seldom takes the initiative to talk to me unless he wants money." Zhu Qingmin said that when you ask for money, you will only call it "Dad".
There is still half a semester left in the third grade, and seafood is unwilling to read any more. After dropping out of school, he became an apprentice in the town. After a few months, he was tired and went out to work. After half a year, he gave up. Come back for a few months, then go out to work, and so on, spend as much as you earn.
Regrettably, the "change" of seafood after dropping out of school failed to enter the family's field of vision in time. Zhu Qingmin said that at home, seafood is always silent, and the most common thing to do is to squat on the threshold with a mobile phone and play games. His parents don't know what he is playing outside. "We called him and he said he was at his classmate's house and promised not to do bad things."
Time goes back to the middle of the night on May 7, 2022. Seafood is drinking with friends in the hotel, and Wu and his friends live in the hotel across the street. On that ordinary night, two strange young people met in a game.
(At the request of the interviewee, Wu, Xu Xin, Liang Li, Zhu Qingmin and Wu Xia are all pseudonyms. )
Reporter Zuo Lin Intern Zhang Chi
Editor Li Ming
Proofread Liu Yue
The above is related to the easy divorce of 88 dragons, and it is about the sharing of self-defense. After reading 88, the dragon people are at their peak. I hope this can help everyone!