Dong Junhui is from Cecilia Yip Town, Luquan City. On June 23rd, 1999, Dong and his younger brother Dong and other family members tied their husband Wu Yanting to a tree in the hospital. Dong Junhui poured gasoline on Wu Mou and ignited it, causing Wu Mou to burn and died after being rescued. On September 20, 2000, Shijiazhuang Intermediate People's Court found Dong Junhui and Dong participated in the killing of Wu Yanting, sentenced Dong Junhui to death and Dong to life imprisonment for intentional homicide, and the other three defendants were sentenced to fixed-term imprisonment for illegal detention. None of the defendants refused to accept the appeal, and the Hebei Higher People's Court sent them back for retrial, reiterating that the facts were unclear. On September 4, 2002, the Intermediate People's Court of Shijiazhuang made a first-instance judgment again, upheld Dong Junhui's original judgment and sentenced Dong to fixed-term imprisonment for illegal detention. The defendant again refused to accept the appeal.
Dong Junhui put forward some plots in the appeal: the victim abused the defendant for a long time and threatened him not to divorce, saying, "If you divorce, I will kill you and your family." 1On March 28th, 999, the victim Wu Yanting chased the defendant Dong Junhui with a wooden stick. Dong took advantage of the dark power failure to escape from home and never dared to go home again. Two days before the incident, that is, 65438+1June 2, 9991,Wu Yanting went to Dong Junhui's house with a wrench and threatened Dong Junhui to "kill you if you don't go back." On the afternoon of the 22nd, Wu Yanting once again went to Dong Junhui's house with a petrol tank to try to set fire. There are two witnesses to this incident, and the Cecilia Yip Police Department has a police record.
Regarding Wu Yanting's threat, the appeal confessed: "The appellant Dong Junhui has lived with the victim Wu Yanting for 10 years, knowing that Wu Yanting's temper and personality are people who keep their words, and the appellant is afraid of Wu Yanting ... This is one of the main reasons for the case."
Dong Junhui's defense lawyer quoted the Supreme People's Court 1999 "Notice on Printing and Distributing the Minutes of the Symposium of National Courts on Maintaining Rural Stability", which stipulated: "Accurately grasp the criteria for applying the death penalty to intentional homicide. Whether to sentence the death penalty for intentional homicide depends not only on whether it leads to the death of the victim, but also on the overall situation of the case. For intentional homicide caused by civil conflicts such as marriage, family and neighborhood disputes, the application of the death penalty must be cautious. If the victim has obvious faults, or is directly responsible for the intensification of contradictions, or the defendant has a statutory lighter punishment, the death penalty should generally not be sentenced to immediate execution. "
Regarding Wu Yanting's threat, the appeal confessed: "The appellant Dong Junhui has lived with the victim Wu Yanting for 10 years, knowing that Wu Yanting's temper and personality are people who keep their words, and the appellant is afraid of Wu Yanting ... This is one of the main reasons for the case."
Dong Junhui's defense lawyer quoted the Supreme People's Court 1999 "Notice on Printing and Distributing the Minutes of the Symposium of National Courts on Maintaining Rural Stability", which stipulated: "Accurately grasp the criteria for applying the death penalty to intentional homicide. Whether to sentence the death penalty for intentional homicide depends not only on whether it leads to the death of the victim, but also on the overall situation of the case. For intentional homicide caused by civil conflicts such as marriage, family and neighborhood disputes, the application of the death penalty must be cautious. If the victim has obvious faults, or is directly responsible for the intensification of contradictions, or the defendant has a statutory lighter punishment, the death penalty should generally not be sentenced to immediate execution. "
The defense lawyer believes that the victim Wu Yanting has obvious faults in this case and is directly responsible for the intensification of contradictions. Dong Jun has surrendered himself and should be given a lighter or mitigated punishment.
In May, 20001,entrusted by Hebei Women's Federation, Hou, a famous lawyer, put forward his own views on this case. She believes that the first-instance judgment downplayed Wu Yanting's domestic violence with "family chores" and avoided talking about the plot of Wu's armed threat and arson. Wu was not found to have obvious fault responsibility in this case and Dong Junhui was sentenced to death. This practice does not conform to the facts of the case, nor to the spirit of the judicial interpretation of the Supreme Court. Dong Junhui's attachment to Wu Yanting has threatened the safety of life and property of himself and his family. Under the pressure of Wu, he lost his mind, became angry from embarrassment and covered his mouth. Dong Junhui immediately went to the village Committee to report afterwards. However, due to the inconsistent testimony of village Committee members and some slight changes in Dong's confession, the court refused to admit that she surrendered herself. However, she has always confessed that she burned Wu Yanting, pleaded guilty and repented, and was willing to accept legal punishment. This is in line with the legislative intention of surrender in China's criminal law. Even if she doesn't admit to turning herself in, she should consider the relevant circumstances and her attitude of pleading guilty.