A case in Yantai in which eight men entered a house with weapons and were killed by two others resulted in one death, two serious injuries, and one minor injury. Judging from media reports, the suspect Song Liying has no relationship with the deceased. Song Liying had no direct interest in the deceased. Song Liying had a debt dispute with a man surnamed Yu. Did the party invade and cause nuisance to the man named Yu? The deceased just acted as a pawn. Because the deceased just acted as a "thug". Case: 8 men broke into a house with weapons and 2 were killed
Song Liying in Yantai, Shandong Province, and a local Yu had a dispute on the phone over the issue of debt transfer. Song Liying's driver, Wang Xiaobo, heard from a friend that Yu was looking for someone. Wang Xiaobo said that Yu was a salesman in the company and he and Yu were friends. When Song Liying heard this, she rushed to Song Liying's home to tell her that the two analyzed that Yu asked Zhang Yanhui to smash the car, so Wang Xiaobo parked the car in the parking lot of a hotel in Yantai. After Zhang Yanhui and Song Liying quarreled on the phone, Zhang Yanhui gathered 8 people and arrived with vitex sticks, wooden sticks, and machetes in the early morning. As soon as the door opened, many people rushed in and clashed with Song Liying and her driver Wang Xiaobo.
After the court trial, the basic process of the crime was restored:
Zhang Yanhui and others rushed into the house. After entering, Zhang Yanhui rushed toward Wang Xiaobo with a military thorn in his hand. Wang Xiaobo fought with Zhang Mouhui on the balcony with a machete. Zhang Yanhui fell to the ground, and Wang Xiaobo fought with Song Liying and Mou Mou for the military thorn in his hand. , Shen Mouyang, Shi Mouyang and others were fighting in the living room. During the fight, Song Liying stabbed someone with a knife, and several other people beat Song Liying with sticks. During the fight, Song Liying retreated to the balcony. After fighting with Wang Xiaobo for the sharp knife in Zhang Mouhui's hand, Wang Xiaobo slashed at Zhang Mouhui with the knife. About two minutes later, Song Liying's wife, mother-in-law and others called the police several times. Left Song Liying's home. Song Liying was slightly injured, Wang Xiaobo was not injured; the other two were seriously injured, one was slightly injured, and one died after rescue efforts failed.
The first and second instance courts held that Zhang Yanhui and others were the first to challenge. The incident occurred due to drunkenness, late night crowding, and armed entry into the house. There were major faults in triggering the incident; Song Liying and Wang Xiaobo's behavior was to stop the ongoing illegal infringement and was of a legitimate defense nature, but it resulted in the death of one person and the death of two people. Two people were seriously injured and one person was seriously injured, which was obviously beyond the necessary limit, and they should be held criminally responsible. Song Liying and Wang Xiaobo were sentenced to 8 years and 6 years in prison respectively; Zhang Yanhui and other four people on the other side of the conflict were sentenced to 2 years and 6 months to 2 years and 9 months respectively. During the second trial, Song Liying's family compensated and obtained forgiveness from the deceased's family. After the second trial, Song Liying expressed dissatisfaction and entrusted her sister to appeal. The Yantai Intermediate People's Court dismissed the appeal after hearing the verdict. 2. Why was this case deemed excessive?
The court held that: First, on the night of the incident, Song Liying and Wang Xiaobo hid the vehicle to prevent it from being smashed. As a helper, she prepared machetes, daggers and other crime tools, and made adequate defense preparations. Song Liying knew that Zhang Yanhui and others had bad intentions late at night, but she still took the initiative to open the door of her unit and the door of her building to let Zhang Yanhui and others into her home. ?Taking advantage of others' danger? Secondly, after Zhang Yanhui and others entered the door with wooden sticks, military thorns, and machetes, while Zhang Yanhui was stabbing with knives, Song Liying and Wang Xiaobo immediately fought with the opponent with prepared Japanese machetes and single-edged sharp knives. , Song Liying and Wang Xiaobo caused one death, two serious injuries, and one minor injury in more than a minute. Especially after they grabbed Zhang Yanhui's hands and fell to the ground, Wang Xiaobo held a knife and was unable to resist Zhang Yanhui's continuous attacks. Slashing and continuing to inflict damage, the defense clearly exceeds the necessary limit.
To sum up, Zhang Yanhui and others entered Song Liying’s home with weapons late at night. After entering, Zhang Yanhui first committed the assault. Song Liying and Wang Xiaobo resisted with knives when their personal safety was seriously threatened, which is in compliance with my country’s criminal law. Article 20 stipulates that legitimate defense shall be for the purpose of stopping unlawful infringement.
However, combined with the cause, means, urgency and seriousness of the illegal infringement, as well as the development process of the entire crime, and the comprehensive analysis of the conditions, methods, intensity and consequences of legitimate defense, the behavior of Song Liying and Wang Xiaobo clearly exceeded the necessary limit and caused Severe losses shall be deemed as excessive defense according to law, and corresponding criminal liability shall be borne. Third, Song Liying, Wang Xiaobo and Yu Feng are friends!
According to the "Judgment Documents Network", we can learn that Song Liying, Wang Xiaobo and Yu Feng were once friends, and they were also sentenced to probation for teaming up to beat others and causing serious injuries. Internet information also shows that Song Liying makes a living by collecting debts for others and lending usury. According to people familiar with the matter, in 2014, Song Liying introduced Yu Feng to buy bonds as an intermediary. However, due to various reasons, the bond purchase did not go so smoothly. As a result, Song Liying and Yu Feng had conflicts and had many quarrels. . Yu Feng asked Zhang Yanhui to clean up. Song Liying and Zhang Muhui called the deceased and the other seven people. Conclusion:
Some netizens said that this was Song Liying using the law to set up a counter-murder case in self-defense. Regardless of whether it was a set-up or not, Zhang Yanhui broke into other people's houses with weapons late at night, which objectively constituted a major fault.