Wife was molested by drunk man touch thigh, husband counterattack caused 1 dead 3 injured!The court acquitted

2022-05-30 0 By

His wife was molested by a drunk man, and his husband Chen mojie attacked several people with weapons. He killed 1 and injured 3 with a folding knife. Does he need to bear criminal responsibility?April 7, Nandu reporters learned from the verdict in the case, the first-instance court ruled that Chen Was justified in self-defense, his behavior is not criminal responsibility, the first-instance judgment of his innocence.After the prosecution protested, the court of second instance after the trial to maintain the original judgment.According to the verdict of the case, at 18:00 on March 12, 2014, Chen Mou Jie and his wife Sun Mou and other cement workers in Sanya, Hainan, a market construction site for dinner, the victim Rong mou (aged 19), Zhou Mou, Ji Mou li and other people also eat and drink in the next door not far away.Chen and his wife went to the construction site to work overtime after dinner, mixing and transporting concrete.At about 22 o ‘clock that day, Zhou and Yong were ready to go out after drinking. They saw Sun alone unloading concrete when they passed by a cement mixer at the construction site and made verbal flirts with him.Chen pushed a cart to load concrete, Sun will be molested to tell Chen, Chen jie called let others leave, but the other party ignored.During the verbal provocation, Zhou touched the thigh of Chen’s wife.The two sides quarreled after that, Zhou picked up a shovel (about 2 meters long, wooden handle) from the construction site rushed to Chen, but was stopped by Chen’s wife, Zhou threw the shovel empty-handed rushed to Chen.Chen jie’s wife was pushed to the ground by Zhou in the fight, Chen Jie ready to go to help his wife, Zhou, rong and ji three people have rushed to Chen Jie beat and kicked, Chen Jie back with fists and feet.Let next to a certain, then practice from the ground to pick up the steel pipe (about 1 m long, hollow, diameter of about 4 cm) rushed up to Chen jie, ji a practice is to be present during the period of the other had been holding, but ji practice has been a struggle forward, when its move to Chen jie side to stop the fight personnel the ground and the steel tube in Chen jie’s head, because Chen jie’s head wearing a helmet,The steel pipe slid down and hit Chen’s upper left arm.In this process, Chen Mou Jie squatted with his left hand to protect his wife, his right hand took out a folding single-blade knife (open about 15cm long, blade length about 6cm) disorderly swing, disorderly stab, causing Rong Mou, Zhou Mou, Ji Mou and a fight prevention personnel were injured.Chen mou Jie colleagues arrived at the scene, Zhou mou, Rong mou and others fled the scene, escape with stones, bottles and other items on Chen Mou Jie hit.After being stabbed by Chen with a knife, Rong ran to the basement of the construction site and collapsed to the ground, where he died of blood loss.Zhou mou, ji mou practice and other three injured.The court of first instance believes that the public prosecution accused the defendant Chen Mou Jie to commit intentional injury crime is inconsistent with the law, the charges cannot be established.Chen Was attacked in the state of the implementation of the defense, its face is three handheld devices of aggression, enough to make Chen jie’s life safety was seriously threatened, and this threat has in fact occurred.Chen Mou Jie no matter from the means and intensity are not beyond the necessary limits, so its behavior conforms to the requirements of justifiable defense, belongs to justifiable defense, its behavior is not criminal responsibility.The court of first instance acquitted Chen Mou Jie.After the verdict of the first instance was not guilty, the prosecution protested. After the second instance court upheld the original judgment of the first instance, the original public prosecution organ, the Suburban People’s Procuratorate of Sanya City, protested that Chen Mou Jie did not have legitimacy, belonging to the mutual assault, which should constitute the crime of intentional injury.From the ji training and others choose to strike the parts and strength, and Zhou for fear of an accident, and will throw away the shovel empty-handed combat, that ji training and others subjection did not want to cause Chen Jie in serious injury, intentional death.After review, the People’s Procuratorate of Sanya city believed that the behavior of the defendant Chen Mou Jie should be characterized as intentional injury crime, and the suburban people’s Court of Sanya city defined the case as justifiable defense and judged Chen Mou Jie not guilty, which belongs to inaccurate qualitative and wrong application of law.The protest of the Suburban People’s Procuratorate of Sanya is correct and should be supported.The court of second instance considered that when Chen stabbed the victim with a knife, it was the urgent period when he was beaten with a weapon by Rong and others, which met the cause conditions, time conditions, object conditions and subjective conditions of defense.Therefore, Chen Mou Jie was humiliated and beaten in order to maintain their dignity, protect their own personal safety and his wife, to prevent the victim’s unlawful infringement and passive counterattack, Chen Mou Jie’s behavior does not belong to fighting, can not be identified as Chen Mou Jie has the intention to hurt others.At the same time, the court of second instance held that the actions of Rong and others should be identified as “assault”.At that time, let and others molested Chen mou Jie’s wife, has punched and armed Chen Mou Jie, infringement is happening.The court held that the law did not require the perpetrator of a special defence to be seriously injured, to have been robbed, to have been raped, etc.The purpose of defense is precisely to make violent crimes such as assault, murder, robbery, rape and kidnapping impossible. Therefore, the establishment of special defense should not be affected even if the defender is not actually harmed.Secondly, let some, some practice is holding steel pipe, zhou is holding a shovel, are enough to seriously endanger other people’s major personal safety weapons.Jimou practice holding steel pipe hit Chen Mou Jie’s head, although wearing a helmet, still caused a slight head injury, such as Chen Mou Jie did not have the protection of a helmet, is bound to cause serious casualty consequences.In addition, Chen Is squatting with his left hand to protect his wife, the right hand with a knife for defense, this posture is not an active attack posture, but a passive defense posture, and holding a knife blade only about 6cm, as long as the other party does not take the initiative to attack will not be stabbed.Therefore, Rongmou and others are holding enough to seriously endanger the significant personal safety of others with weapons to attack Chen Mou Jie actively, so that Chen Mou Jie’s major personal safety is in realistic, urgent and serious danger, should be identified as “murder”.At this point, Chen Mou Jie for the protection of their own and his wife’s major personal safety, with a knife stabbing, delimit is fighting its let some and others, in line with the conditions of special defense, although let some death, zhou mou was slightly injured, discipline some training slightly injured, but not criminal responsibility according to law.In the end, the court of second instance rejected the appeal and upheld the original judgment.Source: Southern Metropolis Daily