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 with one death and three injuries, and Yu Huan himself was sentenced to life imprisonment for intentional injury.
The cause of the bloody case is the debt dispute of mother Su: Su used to produce for the company and borrowed 6,543,800 yuan from a usurer with a monthly interest rate of 654.38+00%, but she was unable to repay it.
China Youth Daily Zhongqing Online reporter combed the verdict and interviewed relevant legal persons and found that in these six hours, the mother and son were first monitored by debt collectors-where the mother and son went, where the debt collectors followed, and even went to eat. They were tracked and guarded; After the mother was insulted by the debt collector and took off her shoes to cover her mouth, the dispute continued again after the police intervened for 4 minutes and left their office building. In the face of the debt collection dilemma and the "pestle" chair, Yu Huan chose to take a knife to resist.
The son was sentenced to life imprisonment for protecting his humiliated mother, which aroused great public concern. 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 identified 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, mother and son had mortgaged their only house to a usurer, 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 collector was sitting on the steps outside. At about 7 pm, the debt collector set up a barbecue in front of the building, eating barbecue and drinking.
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." In the testimony of several debt collectors contacted by telephone, they said that when Sue and her son demanded debts, they didn't fight, but "scolded them and spoiled them".
In the memory of Yu Xiurong, Huan's aunt, Su and her son stayed in the kitchen for about an hour and then returned to the office.
Things change quickly-a man named Du Zhihao drove to the company compound at 8 pm. He is 1 1 and the last debt collector present. He has a moustache, long hair and white sleeves.
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.
Other debt collectors also said similar things, saying that Du stepped on Sue's face. They all said that Du and Su had quarreled, and Du "swore" and "said it badly".
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. She ran out of the office and asked her colleagues to call the police quickly. "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.
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. Surveillance shows that 10, 17, someone sent the police out of the office building. It's been exactly four minutes since 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.
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."
After the judicial appraisal, Yu Huan did not cause minor injuries, but a transverse epidermis peeling 1. 1cm and scabbing could be seen at the left posterior neck. Multiple subcutaneous hemorrhages can be seen on the right shoulder, ranging from 4x0.3cm to 0.7cm.
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 take a knife to the belly of the people around him.
Yao Chuan recalled that Yu Huan said, "Don't come, don't come, come and die." Du Zhihao leaned forward and Yu Huan gave it a slap in the face. Three others were also stabbed.
The debt collector hurried out of the office. 10,21,the police who heard the news quickly returned to the office building.
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 no one used the 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 that Su had not been charged.
The reporter noted that the responsibilities of Yuanda Industry and Trade Company and Su are equally serious.
After the bloody case occurred, in June 20 10,/kloc-0, the defendants such as Yuanda Industry and Trade and Su were ordered by the court to freeze deposits of 5.7 million yuan or seal up their equivalent property; On October 20 1 1 16 10, Yuanda Industry and Trade Company was awarded a repayment of 8.08 million yuan, and Sue was jointly and severally liable. 20 16 12, 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.