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Wu Weifa, a man from Luojiang who claimed three lives, was sentenced to life imprisonment in the first instance of the bloody case in Jinying New Village, Quanzhou City.
It has been a year and a half since the crime was committed and the verdict was pronounced, during which two consecutive trials were held. It is reported that this has a lot to do with Wu Weifa's age and mental problems, and is directly related to sentencing.
The court held that Wu Weifa killed three people with a knife and was subjectively vicious. The criminal means are cruel and the consequences are serious. He retracted his confession during the trial and refused to admit the facts of the crime. So far, he has not compensated the relatives of the victims for their economic losses and should be severely punished. However, because he was under 18 when he committed the crime, the death penalty is not applicable.
In addition, the court also ruled that Wu Weifa's adoptive parents compensated the relatives of the victims for economic losses of more than 400,000 yuan.
Case playback
A trivial matter caused a shocking bloody case.
The appalling bloody case that happened in Jinying New Village in Quanzhou more than a year ago still makes people shudder to think of it. At 4 o'clock in the morning of June 165438+ 10/4, 2007, Qi, an Anhui native who runs a barbecue shop in Xincun, returned to his rented house and found his 40-year-old wife Du Moufeng, 19-year-old son and Zhang Moju, a 20-year-old female worker of the barbecue shop, killed with a knife in the room. Five hours after the incident, Quanzhou police arrested the murderer Wu Weifa in an Internet cafe in the west street of the city.
Wu Weifa is an employee of Qi, from Luojiang. Why did he do it? It turned out that at 3 o'clock in the morning on the day of the incident, he returned to the suite of Jinying New Village where he lived with his boss after surfing the Internet. Seeing that Wu Weifa came home too late, the proprietress Du Moufeng said a few words to him, and the two had an argument and scuffled. Subsequently, Wu Mou actually picked up a fruit knife and stabbed Du Moufeng. Colleague Zhang Moju woke up and called for help. He broke into the house and stabbed her in the neck, chest and abdomen for more than 20 times. He pushed down the bedroom of the boss's wife's son and stabbed him to death.
Afterwards, Wu Weifa took 1000 yuan in cash from the bedside. Because of the chaos, Wu Weifa's hand was cut by a knife. He first went to the hospital under an alias to dress the wound, and then went to the Internet cafe to surf the Internet.
Sentencing emphasis
Wu Weifa has mental problems?
Once the appraisal was normal, once Wu Weifa did not cooperate.
The reporter had previously learned that Wu Weifa had done two mental appraisals, 1 bone age appraisal. In court, because the psychiatric appraisal materials presented by the prosecution did not meet the evidence requirements, the defense lawyer proposed to re-evaluate Wu Weifa's mental state.
The Third Hospital of Quanzhou made two psychiatric appraisals, and the conclusion proved that Wu Weifa was mentally normal, but the conclusion lacked the signature and qualification certificate of the appraiser required by law. The other time was appraised by a judicial appraisal institution in Xiamen. Because Wu Weifa did not cooperate with the appraisal, the institution did not make a conclusion.
The first-instance judgment quoted the reply made by the Provincial Department of Justice, confirming that in August 2008, the Third Hospital of Quanzhou was legally registered as a judicial appraisal institution serving the society, and its business scope was judicial psychiatric appraisal. In addition, the certificate issued by the Third Hospital of Quanzhou and the reply from the judicial appraisal institute of our hospital confirmed that the appraisal report of Wu Weifa on June 5438+ 10 in 2008 was reviewed, analyzed and studied by the appraisal institute, and it was considered that the appraisal conclusion at that time was correct and there was no need for re-appraisal.
The court held that the existing evidence can prove that Wu Weifa was in a normal mental state at the time of committing the crime and had full criminal responsibility. Uomini mbt Sandalj did not adopt the re-appraisal reply.
Under the age of 18 at the time of committing the crime?
There is not enough evidence, so it is speculated that it is under 18 years old.
In addition, during the trial, the defense lawyer suggested that Wei Wu was under the age of 18 when he committed the crime. The reason is that although the birth date registered in the ID card is 1988 July 19, Wu was adopted and his actual age is not clear. According to mbt sini of China's criminal law, the death penalty is not applicable to minors who are under the age of 18 at the time of committing a crime. This is undoubtedly an important concern of this case.
Regarding Wei Wu's age when he committed the crime, the court made a determination. Wu Weifa was adopted by Wu Mou, a native of Luojiang, on June 19, 990. At that time, Wu Weifa's detailed date of birth was unknown. It was not until two years later that Wu Mou reported his household registration to the public security organ. Therefore, the birth date of Wu Weifa recorded in mbt Sandali's household registration book is not accurate. Many witnesses confirmed that Wu Weifa could walk and talk when he was adopted, but his exact age could not be confirmed.
According to the material evidence inspection opinions of the Ministry of Public Security, it is determined that Wu Weifa's age should be between 18.5 and 20.5 based on February 2008/1day; The appraisal opinion of the Judicial Appraisal Department of Quanzhou Southeast Hospital confirmed that Wu Weifa had reached the age of 65,438+08 on June 65,438+00, 2008 (the error rate was 0.5 years).
The court held that there was not enough evidence to prove that Wei Wu was 18 years old when he committed the crime, so it was impossible to find out further. It should be presumed that he was under 18 years old at the time of committing the crime.