The final verdict in the Yu Huan case

Legal analysis: 1. The appeal of the appellants (plaintiffs in the civil lawsuit attached to the original trial) Du 1, Xu, Li 1, Du 3, Du 4, Du 5, and Du 6 was dismissed, and the Shandong Province Liaocheng Intermediate People’s Court (2016 ) No. 33.

2. The first criminal part of the Lu No. 15 Criminal and Civil Judgment of Shandong Province Liaocheng Intermediate People’s Court (2016) was revoked;

3. Appellant (defendant in the original trial) Yu Huan Found guilty of intentional injury and sentenced to five years in prison. (The sentence shall be calculated from the date of execution of the judgment. If detained before the execution of the judgment, one day of detention shall be equivalent to one day of fixed-term imprisonment, that is, from April 2016 to April 20214).

Legal basis: Article 20 of the "Criminal Law of the People's Republic of China", in order to protect the country, public interests, the person, property and other rights of oneself or others from ongoing illegal infringement, to stop illegal infringement Any act that causes damage to an unlawful offender shall be considered legitimate defense and shall not bear criminal liability.

If the legitimate defense clearly exceeds the necessary limit and causes serious damage, the person shall bear criminal liability, but the punishment shall be reduced or exempted.

Those who take defensive actions against violent crimes such as assault, murder, robbery, rape, kidnapping, etc. that seriously endanger personal safety, resulting in casualties or casualties of unlawful intruders, shall not be regarded as excessive defense and shall not be held criminally responsible.