A man let his friend have sex with his wife. The wife was furious and hacked her husband to death with a kitchen knife. The court found that on the night of the incident, Hu was invited by Yun to drink at his home. During this period, at Yunmou's proposal, Hu had a relationship with Yunmou's wife Xiaoling. After Hu left, Xiaoling saw that Yunmou was asleep and cut Yunmou's head, face and neck several times with a kitchen knife. Because she is not strong enough, she wants to throw Yunmou into the river.
Then Xiaoling called for help from her neighbors, but Yunmou eventually died because of the rescue. It was identified that Xiaoling suffered from schizophrenia in incomplete remission at the time of the incident. At the time of the crime, her sexual self-defense ability was weakened in order to limit her responsibility. Xiaoling's defense lawyer believes that because Xiaoling is a person with limited criminal responsibility, the authenticity of the confession is in doubt and should not be used as conclusive evidence.
The crime scene was completely destroyed, and the possibility of others committing crimes was not ruled out. According to witness Weng's testimony, the victim drank alcohol before the incident, but there was no ethanol after testing. When the victim was chopped, she didn't resist, didn't call for help, and didn't leave any trace on Xiaoling, which is unreasonable. To sum up, the facts of this case are unclear and the evidence is insufficient.
Later, Xiaoling turned to her neighbor for help, but Yun died because of ineffective rescue. It was identified that Xiaoling was suffering from schizophrenia at the time of the incident and had not completely relieved. At the time of the crime, she limited her ability of responsibility and weakened her ability of sexual self-defense.
Even if Xiaoling is convicted of intentional homicide, it should be characterized as intentional injury causing death, because Xiaoling saved Yun afterwards and the victim was not fatally injured because of excessive blood loss. Xiaoling is a person with limited criminal responsibility. She has surrendered herself and actively exposed the fact of Hu's rape, which is a meritorious service, and Yun is at fault. Xiaoling is the defender of rape afterwards. Xiaoling's daughter is still breastfeeding and is a first-time offender. She demanded that the punishment be mitigated according to law.
When she was lying naked on the bamboo bed on the first floor, her husbands Yunmou and Wengmou went home to drink beside her. Later, Yunmou asked Weng to have a relationship with her. Although she didn't want to, she finally had sex with her. When Weng left, Yunmou was sleeping on the bamboo bed on the first floor. She was angry at the moment and cut Yunmou's face and neck with a kitchen knife, causing a lot of bleeding.
So I wanted to carry Yunmou to the stream and wash him away. When I dragged Yunmou from the bed to the door, I gave up because it was too heavy to pull, and then I washed the kitchen knife and put it back in the kitchen. Seeing blood on her body, she went upstairs to the bathroom to wipe her body with a towel, changed a suit, put the box on the bed, packed her clothes and left. Later, she asked her neighbors for help and called the police. Afraid of being caught, when the police arrived, she lied that Weng had killed someone.
Xiaoling attacked others with a knife, causing one death. Her behavior has constituted the crime of intentional homicide. In view of the fact that Xiaoling was a person with limited criminal responsibility at the time of the incident and was able to truthfully confess the main criminal facts, the victim was at fault and was given a lighter punishment according to law. The court held that Xiaoling attacked others with a knife, causing 1 person to die, and her behavior constituted the crime of intentional homicide. Because Xiaoling was a person with limited criminal responsibility when she committed the crime, she was able to truthfully account for the main criminal facts, and the victim was at fault and was given a lighter punishment according to law.