It was learned from the website of Dongguan Intermediate People's Court that the court found that Liang, the escort of the cash truck, constituted the crime of intentional injury and sentenced him to three years in prison and suspended for three years.
201610/at noon on October 27th 12, a man was shot by an escort near Wushahuan South Road in Chang 'an Town, Dongguan City, and died after being treated.
On the same day, Chang 'an Town Government reported that the escort vehicle was rear-ended by Huang Man (Jiangxi) when passing near the intersection of Ufloxacin No.3 Road. After the escort in the car repeatedly dissuaded him, he shot and wounded him. He died after being rescued at the scene.
At that time, after the incident, there were rumors that the murdered Huang had a fight with the cash truck before the incident. The father of the deceased said that he visited the shopkeeper near the incident. According to them, Huang Wulin was walking by the side of the road when the cash truck licked him. Huang almost fell down and sat on the flower bed by the roadside for about a minute. At this time, the cash truck happened to wait for a red light at the intersection of about 100 meters ahead, and Huang caught up in anger, which eventually led to tragedy. The family of the deceased believed that Hwang was a "stop-and-go" escort vehicle and was "lured and killed like fishing".
After the incident, the public security organ criminally detained Liang (male, 30 years old), who was involved in the case, and filed an investigation; 165438+1October 9, the procuratorate approved the arrest of Liang according to law.
One month after the incident, the injured party reached a compensation agreement of RMB 6.5438+0.8 million through difficult negotiations with relevant parties in Dongguan, and the compensation was fully credited to the account of the injured party.
20 16 12 1, the investigation of the case ended and it was transferred to the procuratorate for review and prosecution according to law. The next day, the Dongguan Public Security Bureau issued a police report on this case: Before the deceased Huang smashed the cash truck for the first time, the driving routes of the two sides did not intersect, excluding the collision and friction between the cash truck and Huang.
According to video surveillance, driving recorder video and police investigation, 12: 04, when the cash truck stopped at the traffic light intersection of South Road and waited for the green light, it was thrown by yellow stones and other things; The right rearview mirror of the car was cut off by Huang and discarded to the roadside green belt. The cash truck involved immediately ran a red light to avoid it, and stopped for the second time due to dense traffic. Huang went after him and continued to hit the window with stones. The armored car stopped for the third time after passing the traffic lights, and the personnel on the car called the police and reported to the company's dispatching room. At this time, Huang once again caught up with the window glass with a stone. The armored vehicle stopped for the fourth time after continuing for a certain distance, waiting for instructions from the company. At this time, Huang stepped forward and smashed the cash truck. The armored car drove on for some distance before it dodged and stopped for the fifth time. Huang once again caught up with the cash truck and smashed it, during which the escort Liang shot and knocked Huang down. At this time, the cash truck was about 460 meters away from the place where it was first smashed.
The task force also visited and investigated 10 people, including employees of herbal tea shops, mobile phone shops, bicycle repair shops, nearby factories and drivers passing by the scene, all of whom said that they did not see the collision between the cash truck and Huang. Among them, Mo Mou, Zhu Mou, Gao Mou, Xiao Mou, etc. were interviewed by the media and said that they witnessed the collision between Huang and the cash truck with their own eyes. They all said that they did not witness the collision between Huang and the cash truck with their own eyes, but only heard others' comments and speculations.
In addition, after investigation, the cash truck involved in the case was evenly distributed without obvious dust scratches except for the dents and scratches caused by masonry knocking. Based on the relevant exploration, investigation and video data, before Huang smashed the cash truck for the first time, the driving routes of the two sides did not intersect, which ruled out the collision and friction between the cash truck and Huang.
Liang, the escort involved in the case, is a formal employee of an escort company in Dongguan and holds a gun license according to law. On the day of the crime, he was the captain of the armored car involved in the case and was equipped with a riot gun. The bullet that killed Huang was identified as a rubber shotgun. At about 1 1 on the day of the crime, Liang directed the cash truck involved in the case to go from Dalang Town to Chang 'an Town to carry out the escort mission.
On February 1 day, Dongguan Intermediate People's Court issued a public verdict on the case of chasing and smashing an armored car. Liang, the escort of the armored car, was guilty of intentional injury because of excessive defense. Sentenced to three years in prison and suspended for three years.
The court found through trial that: on the morning of 2065438+2006 65438+2006127, the cash truck of Dongguan Junan Escort Co., Ltd. was rear-ended by yellow bricks and other things on the way to the escort mission, resulting in the damage of the mirror of the escort vehicle, which could not be escorted normally. After repeated verbal warnings failed, the escort Liang fired a shot at Huang who continued to smash the car. Subsequently, Liang immediately directed the passengers in the same car to call the police and called 120 to inform the medical staff to come to the scene for rescue. Huang died of his injuries. ?
The court held that the defendant, Liang, shot at Huang in order to stop Huang's illegal infringement when he was performing the duty of escorting the cash truck, but the serious consequences of Huang's death obviously exceeded the necessary limit, which was excessive defense and constituted the crime of intentional injury. At the same time, due to Liang's surrender and good repentance, Junan Company took the initiative to explain the situation to Huang's family and compensate for the losses, and reached an understanding that the punishment should be mitigated according to law. The court then made the above judgment.