After six hours of suffering, 23-year-old Yu Huan picked up a fruit knife and stabbed the debt collector who had been entangled for a long time. These "uninvited guests" ended up injured by 1 death 3, and Yu Huan himself was sentenced to life imprisonment by Liaocheng Intermediate People's Court for committing intentional injury.
The cause of the bloody case is the debt dispute of mother Su: Su used to borrow usury of RMB 654.38+0 million to maintain the company's production, with a monthly interest rate of 654.38+00%, but she was unable to repay it.
China Youth Daily Zhongqing Online reporter found that during these six hours, the mother and son were first monitored by the debt collectors-where the mother and son went, the debt collectors followed them and even went to eat. Also tracked and guarded; Later, my mother was insulted by the debt collector and took off her shoes to cover her mouth. The police intervened for 4 minutes and left their office building, and the dispute continued again. In the face of being unable to get rid of the debt collector's predicament, Yu Huan chose to resist with a knife.
The son was sentenced to life imprisonment for protecting his humiliated mother, which aroused great public concern. A few days ago, Yu Huan has filed an appeal. Yin, the attorney of the second instance, told the China Youth Daily and Zhongqing Online reporter that they planned to communicate with the court on March 27th about marking papers.
Before the incident: where did the mother and son go?
The bloody case occurred on April, 2065438/afternoon of KLOC-0/4 10. However, about six hours before the incident, the compound of Shandong Yuanda Industry and Trade Company, the legal representative of Su, was not calm.
According to the testimony of several employees of the company confirmed in the judgment, about 10 debt collectors came to the office building of the company at about 4: 30 pm that day. "The scene was in chaos" and a young woman was shouting, "President Su scolded each other".
Not all these people who call at home are creditors. According to the judgment, only one of them, that is, a woman born in 1987, claimed to have lent Sue1000000 yuan, which is the total loan amount of Sue. According to media reports, the day before, the mother and son had mortgaged their only house to the lender, and Yu Huan's things were also dragged out.
This "confrontation" has no result. Sue and Yu Huan finally returned to the office on the first floor, while the debt collectors were sitting on the steps outside. At about 7 pm, the debt collector set up a barbecue in front of the building and drank while eating the barbecue.
At eight o'clock in the evening, Sue and her mother go to the kitchen for dinner. When they walked out of the office, two debt collectors followed and looked at them in turn.
"Wherever they go, we will arrange for people to follow." A man who called several debt collectors said in his testimony that they didn't beat Sue and her son when collecting debts, but "scolded them".
In Aunt Yu Xiurong's memory, Sue and her son stayed in the kitchen for about 1 hour before returning to the office.
Things change quickly-a man named Du Zhihao drove to the company compound at 8 pm. He has a moustache, long hair and white half sleeves. He is 1 1 and the last debt collector present.
Mother and son were insulted and slapped by debt collectors.
A number of debt collectors testified that Du Zhihao walked into the office on the first floor after they finished eating. Subsequently, all the debt collectors who ate barbecue in front of the building entered the building. The monitoring shows that the time is 9: 50 pm.
Sue and her son were still in the office. 1 1 people surrounded them, mainly Du Zhihao and Sue, demanding money back.
This farce of debt collection, which started in the evening, finally reached a climax-some employees and their families rushed to the office building when they saw the excitement, looked through the window and found Su and Yu Huan. "A man faced them both and took off his pants under his ass."
Du Zhihao took off his pants. The testimony of Zhang Shusen, a debt collector recognized in the judgment, shows that at this time, Du Zhihao is taking off his pants and underwear to the root of his thigh, exposing his lower body and facing the Soviet Union; Du Zhihao also took off Yu Huan's shoes, shook them in front of the mother and son for a while, and slapped Yu Huan.
In more than 20 minutes, Sue and her son were insulted, slapped and abused. "Later, they pushed each other." Such a scene made Ma Jindong, a company employee trapped together, feel that things were not good. He ran out of the office and asked his colleagues to call the police at once. "They started insulting Xia."
Monitoring shows that a police car arrived at 13 in the afternoon, and the police got off and entered the office building.
Sue described the humiliation of mother and son that day.
Witnesses said that Yu Huan fought back after being "pestled" by a chair.
The police entered the office on the first floor. Su and Yu Huan quickly reported being beaten by debt collectors, but the debt collectors denied it.
According to the testimony of several debt collectors, the police said at that time: you can ask for the bill, but you can't hit people.
The police didn't stay in the house for long. The monitoring shows that the police were sent out of the office building at 10/7 pm. This is exactly four minutes after he entered the house to deal with the dispute.
Yu Huan tried to go out with the police, but the debt collector stopped him and asked him to sit in the house. The office without the police is in chaos again.
People who have contacted the files of the first instance told China Youth Daily and Zhongqing Online reporter that any party confirmed that the dunner did have hands-on behavior at this time. "At this point, both sides have a consistent description."
Yu Huan confessed that someone grabbed him by the neck and took him to the office. "I didn't want to move, so they started hitting me."
The judicial appraisal after the event showed that Yu Huan did not constitute a minor injury, and the injuries were as follows: a transverse epidermal exfoliation 1. 1cm and scab could be seen on his left posterior neck; Multiple subcutaneous hemorrhages can be seen on the right shoulder.
According to debt collector Yao Chuanxing, they put Yu Huan on a sofa at that time.
A family member of a company employee saw a debt collector walking towards Yu Huan with a chair, and Yu Huan kept retreating to a table. He found that at this time, Yu had an extra fruit knife in his hand.
"I took a knife from the table and pointed it at them, saying don't come over. As a result, they came over and continued to hit me. " Yu Huan confessed that he began to stab people around him with a knife.
Yao Chuanxing recalled that Yu Huan said at that time, "Don't come, don't come, come and beat you to death." Du Zhihao leaned forward and Yu Huan stabbed him in front. Three others were also stabbed.
The debt collector hurried out of the office. In the afternoon 10 and 2 1, the police who heard the news quickly returned to the office building.
Su said: "We are deeply saddened by the adverse consequences of this incident. We fell into the trap of usury, hurting ourselves and others. The son suffered humiliation for a long time, and witnessed the humiliation and suffering of his mother, which caused bad consequences. Please carefully consider and pay attention to this case: this case is caused by provocation and insult from the other side, and my son's behavior belongs to self-defense. Please pay attention to the leaders. "
Whether it constitutes self-defense has become the biggest controversy.
After judicial appraisal, Du Zhihao died of hemorrhagic shock, the other two were identified as seriously injured and one was slightly injured.
On October 2016165438+1October 2 1 day, Yu Huan was prosecuted on suspicion of intentional injury. On February 20 1717, Liaocheng Intermediate People's Court of Shandong Province found the crime and sentenced Yu Huan to life imprisonment.
This is the result of a lighter punishment. The reason given by the court is that it is wrong for the victims to gather people to collect debts in an improper way that affects the normal business order of the enterprise, restricts the personal freedom of others and insults others. Moreover, after Yu Huan was brought to justice, he could truthfully confess his crimes.
The court did not adopt the lawyer's defense opinion that Huan had "justifiable defense circumstances and excessive defense". The court held that although Yu Huan's right to personal freedom was restricted at that time, he was also insulted and insulted by the other party, but the other party did not use tools. In the case that the police station has been dispatched, there is little real danger that Yu Huan and her mother's right to life and health will be violated, and there is no urgency of excessive defense and no premise of illegal infringement in the sense of legitimate defense.
Wang Fu, a criminal defense lawyer in Beijing, believes that there is no conflict between "police station handling police" and "continuing illegal infringement". An important question is whether dealing with the police makes Yu Huan think he is safe. In this case, after the police left the office, someone pulled Yu Huan to sit down and pestle him into the corner. Coupled with a series of previous events, under the anger and entanglement, Yu Huan's cognition will affect his behavior. It is also problematic to simply say that "the humiliation stops and he can't explain it".
According to Xin Xu, a professor at Beijing Institute of Technology Law School, Yu Huan should constitute self-defense. It should be noted that, first of all, the debts claimed are illegal debts; Secondly, Yu Huan was illegally violated. 1 1 people "illegally detained" her and even insulted her mother with her nakedness.
At present, the family has entrusted a lawyer to appeal. Yin, the attorney of the second instance, said that they would communicate with the court on March 27th about marking the papers.
The debts of the company and Sue are severe.
Why did the police leave the office building after 4 minutes? According to the verdict, Yu Huan's understanding was that the police "went outside to find out the situation", while Su thought that the police "went outside the lobby to ask what was going on". After that, the mother and son tried to go out with the police.
However, Yu Xiurong and his family said in an interview with the media that the police were ready to leave the company and started the car. The company employees were deadlocked and there was a bloody case in the office.
Wang Fu, a lawyer who has been engaged in police work for many years, believes that the police's behavior is flawed. "After the police arrive, it is necessary to protect the personal and property safety of citizens before launching an investigation." In this case, the police left both the defendant and the victim.
Yu Huan's second-instance lawyer said that they were prepared to sue the police station for inaction first.
The verdict shows that two policemen and two assistants explained the police handling process and related situation respectively, and the police also recorded the police handling on the night of the incident with a law enforcement recorder. At present, the police have not released the video.
According to media reports, Su is under investigation for another case of illegally absorbing public deposits. People close to Su told China Youth Daily and Zhongqing Online reporter that Su has not been charged yet.
The reporter noted that the responsibilities of Shandong Yuanda Industry and Trade Company and Su are equally serious.
After the bloody case occurred, on 20 16, 10, Shandong Yuanda Industry and Trade, Su and other respondents were ordered by the court to freeze deposits of 5.7 million yuan or seal up their equivalent property; 20 16 1 1, Shandong Yuanda Industry and Trade Company was awarded 8.08 million yuan, and Sue was jointly and severally liable; 20 16 12, Shandong yuanda industry and trade co., ltd., su et al. were also sentenced to repay others 1 10,000 yuan.
How to tide over the economic difficulties and gain the freedom like Yu Huan is a difficult problem for the Su family.
At present, the Supreme People's Procuratorate has been involved in investigating the case. People all over the country are paying close attention to whether Yu Huan's behavior is self-defense, excessive defense or intentional injury. Thanks for reading!