The nurse beat her brother-in-law to death and was acquitted. What is the story of this case?

It happened late at night on April 19, 2065438. Tian Feng's sister Tian Ru had an argument with her husband Zhao Moujun on the phone at her parents' home. Subsequently, Zhao Moujun drove to Tian Feng's home in Haowangzhuang Village, Xushui District, Baoding City, Hebei Province to find Tian Ru. After Zhao Moujun arrived at Tian Feng's door, he took out a sharp knife from the car and stabbed Tian Ru in the abdomen. Tian Feng hurriedly took out a shovel from the hospital and hit Zhao Moujun's head continuously, causing Zhao Moujun to cuddle Tian Ru and fall to the ground. During the period, Zhao Moujun never let go with a knife. Tian Feng said that he forgot how many times he hit it, and the shovel head fell off in the process. Tian Feng continued to hit Zhao Moujun's head with a shovel handle, then grabbed the knife from Zhao Moujun and sent his sister to the hospital for treatment. Finally, my sister Tian Ru's injury was judged as serious. However, Zhao Moujun died because of invalid rescue.

The next day, Tian Feng was arrested on suspicion of intentional homicide.

On July 23rd, 20 18, Xushui District People's Court found Tian Feng guilty of intentional homicide, sentenced to 6 years' imprisonment and deprived of political rights for 2 years. Tian Feng refused to accept the verdict and appealed. Defence lawyers believe that Tian Feng was driving in this incident. Unlimited defense right? It belongs to self-defense and should not constitute a crime.

According to the provisions of China's criminal law, taking defensive actions against violent crimes such as assault, murder, robbery, rape and kidnapping that seriously endanger personal safety, resulting in casualties of illegal infringers, is not excessive defense and does not bear criminal responsibility. On the second trial of 20 18 12.3, Baoding Intermediate People's Court still found that it was excessive defense. However, he was sentenced to three years' imprisonment.

20 18 18 On February 4th, Tian Feng's wife continued to appeal to Baoding Intermediate People's Court.

2065438+On July 26th, 2009, Baoding Intermediate People's Court made a judgment, revoked the judgments of the first and second instance and sent them back for retrial.

2065438+On August 23rd, 2009, Tian Feng was found to be in self-defense, and was released without charge after being detained for 856 days.

Netizens also said that they should be innocent. Living in that situation is entirely to protect my sister. The attacker had a knife in his hand. If he doesn't say down, he will continue to hurt people.