A 68-year-old man in Liaoning fought back against the door-to-door hitter and killed him. How will the law describe this matter?

At present, as a result of the second trial of this case, Guo Ziyu was sentenced to three years' imprisonment. The suspect refused to accept it and insisted that it was a legitimate defense. They will appeal again, so how the law defines this matter depends on the result of the second trial. At present, the dispute is whether it belongs to self-defense, and the name of the judgment is intentional injury.

I think it should be self-defense or excessive defense. According to the official report of Chaoyang Intermediate People's Court, after investigation, the relationship with the victim, Zhao Weitong, has been uneasy. On June 8, 20 19, his wife Yang met Zhao at the door of her house, and Zhao chased Yang's yard, hitting her head with a cane and bleeding. ? From this point of view, it may be between intentional injury and excessive defense, because the victim Zhao is 87 years old, knocking down the crutch has stopped the crime, and then you can report the case or continue to stop the crime without hurting it. The investigation report also mentioned that Guo Ziyu continued to beat the victims, so it may be an excessive defense.

The People's Court of lingyuan city, Liaoning Province made the first-instance judgment in July 2009. The verdict held that Guo Ziyu constituted the crime of intentional injury, which was obviously not excessive defense, and sentenced Guo Ziyu to six years' imprisonment. In August 2020, the retrial judgment was sent back to Chaoyang Intermediate People's Court for retrial due to unclear facts and insufficient evidence, and was sentenced to five years in prison for intentional injury. June 5438+February 2020, the result of the second trial was sentenced to three years in prison. The reason is:

According to the law, legitimate defense should meet the following conditions: first, there is illegal infringement; Second, it must be that illegal infringement is in progress; Third, unlawful infringement cannot exceed a certain limit; Fourth, legitimate defense must be aimed at protecting legitimate rights and interests from unlawful infringement; 5. Self-defense must be directed against unlawful infringement.

He has been detained for two years now and will definitely continue to appeal. In his view, it was self-defense. Judging from the past grievances, the two families have long had grievances. Lingyuan city Public Security Bureau has imposed many administrative penalties and fines on the victims, which shows that Zhao injured his family with crutches many times before his death. Therefore, it can be considered that Zhao has the will to intentionally hurt. I also think that self-defense or excessive defense, detention for two years is enough! How is the law defined? That will have to wait for the court to decide.