The court found in the second instance that the case was triggered by Wu Xuezhan and others urging high-interest loans. After Su repeatedly reported to the police, Wu Xuezhan and others' illegal debt-forcing behavior did not converge.
On the day of the incident, the victim Du Zhihao exposed his mother Su's nakedness in front of Huan and publicly insulted him. Although it has been about 20 minutes since Yu Huan took defensive action, it is inevitable that Yu Huan stabbed Du Zhihao and others without revenge for insulting his mother. Therefore, the penalty discretion should be considered as a favorable plot for Huan.
Du Zhihao's insult to his mother is a serious violation of the law and a blasphemy against human relations, which should be punished and condemned, but Yu Huan's defensive behavior is obviously excessive. Yu Huan and his mother Su's personal freedom and dignity should be protected by law, but Yu Huan's defensive behavior is beyond the limits permitted by law and should also bear criminal responsibility according to law. In addition, Yu Huan did not plead guilty in court and did not express repentance, which is also a sentencing circumstance that should be considered as appropriate.
Jason Wu said that exemption from punishment is obviously incompatible with criminal acts that cause heavy casualties due to excessive defense, which is more in line with the principle of suiting punishment to crime. According to the provisions of the criminal law, whoever intentionally hurts and causes death shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death; If the defense is excessive, the punishment shall be mitigated or exempted.
Yu Huan's defensive behavior obviously exceeded the necessary limit, causing heavy casualties. According to the law, mitigated punishment should be sentenced within the statutory penalty range of three to ten years' imprisonment.
The person in charge of the Higher People's Court of Shandong Province said that as far as the facts of the case are concerned, in addition to the plot of "insulting the mother", the judgment of the second instance also reflected the real subject of the loan relationship in this case, the complete process of Wu Xuezhan and others' debt collection behavior, the specific situation of Du Zhihao and others' debt collection behavior on the night of the incident, and the specific situation of Yu Huan's knife wounding behavior. Based on the factual evidence found in the second instance.
Considering the facts, nature, circumstances and harmful consequences of Huan crime, he was sentenced to five years in prison.
Extended data
Case course
On April 4, 20 16, a debt collection team composed of social idlers 10 people repeatedly harassed Sue's factory, abused and beat Sue. The day before the incident, Wu Xuezhan instructed his men to shit in the house mortgaged by Sue, put Sue in the toilet and asked him to pay back the money. In the afternoon, Su called 1 10 and the mayor's hotline four times, but they didn't get help.
The means of debt collection has been upgraded. Sue and her son Yu Huan, together with an employee, were taken to the company reception room to restrict personal freedom. 1 1 The debt collectors surrounded and controlled the three of them. In the meantime, the debt collector insulted Su with humiliating words, took off Yu Huan's shoes and put them on his mother's mouth, and even deliberately sprinkled ashes on Su's chest.
Du Zhihao, a debt collector, even took off his pants, exposed his nakedness and abused Su, which made Yu Huan on the verge of collapse. Workers passing by outside saw this scene and asked Yu Huan's aunt, Yu Xiurong, if she had called the police. .
After receiving the police, the police went to the reception room and said, "You can ask for accounts, but you can't hit people" and left. Seeing that the police were leaving, Yu Xiurong, who called the police, grabbed a policewoman and tried to stop the police car. "The police left at this time, and they only had a dead end." Yu Xiurong later said in an interview with reporters.
Yu Huan, who was controlled by the debt collector, saw the police leave and collapsed. He stood up and tried to rush outside to call the police, but was stopped by the debt collector. In the chaos, Yu Huan pulled out a fruit knife from the table in the reception room and stabbed it, causing Du Zhihao and other four debt collectors to be stabbed. Among them, Du Zhihao died of hemorrhagic shock because he did not seek medical treatment in time. Two others were seriously injured and one was slightly injured.
References:
Baidu encyclopedia -4. 14 Liaocheng Yuhuan case
Reference: China Net-Shandong Higher People's Court's authoritative interpretation of the basis for the revision of Huan's case.