Red Star News reported on January 14 that after quarreling and scolding with song Liying on the phone, in the early morning, Zhang mouhui gathered eight people and came to song Liying's house with military thorns, sticks and machetes. After the door opened, many people rushed into the room and clashed with song Liying and his driver Wang Xiaobo. Song Liying was slightly injured; Two of the other party were seriously injured, one was slightly injured, and one died after ineffective rescue.
On October 14, 2015, the case occurred in Yantai, Shandong Province.
Two years later, the Zhifu District Court of Yantai city made two judgments at the same time. Both parties to the conflict were sentenced to intentional injury: Song Liying and Wang Xiaobo were sentenced to 8 and 6 years respectively; Four people, including Zhang mouhui, the other party to the conflict, were sentenced to sentences ranging from 2 years and 6 months to 2 years and 9 months.
From the first day of detention, song Liying insisted on her innocence and believed that her behavior was self-defense: 'a total of 8 people from the other party broke into my house late at night with machetes and military stabs. At that time, my father-in-law, mother-in-law, wife and children were all at home. The son is one year old, the daughter has just reached the full moon, and there are a room full of old and weak women and children. I am a normal person and can't put them in danger. "
The courts of first and second instance held that Zhang mouhui and others first provoked the incident, and they were drunk, late at night, gathered people and entered the house with weapons, and there was a major fault in the cause of the incident; The acts of song Liying and Wang Xiaobo belong to stopping the ongoing illegal infringement and are defensive in nature. However, the serious consequences of one death, two serious injuries and one minor injury obviously exceed the necessary limit and should be held criminally responsible.
At present, song Liying is still serving her sentence in Yantai Weihai prison. On January 9, 2020, after being authorized by song Liying, song Liying's family came to Yantai intermediate people's court to submit a petition, requesting that song Liying's behavior be found to be self-defense and be acquitted. Red Star News reporter learned from Yantai intermediate people's court that the court has received complaint materials and will 'transfer the case file for review, and will decide whether to file a case for retrial within one month at the earliest'.
'took sticks and military spikes and called for help '
According to the case data, on the afternoon of October 13, 2015, song Liying, a native of Yantai, Shandong Province, had a dispute with another local man Yu over the phone because of the 'transfer of creditor's rights'.
That night, Wang Xiaobo, song Liying's driver, heard from a friend that Yu was looking for someone to 'clean up' song Liying. He hurried to song Liying's home and told him. When he was later investigated by the public security organ, Wang Xiaobo confessed that after coming downstairs from Song Liying's house, he met Zhang Yihui, 'Zhang Yihui pulled me into the car to take me to the beach. I saw two people in the car, one of whom was holding a baseball bat. I was afraid of being beaten, so I took the opportunity to escape.'
Subsequently, Wang Xiaobo returned to song Liying's home. According to their analysis, Yu asked Zhang Huilai to smash the car, so Wang Xiaobo parked the car in the parking lot of a hotel in Yantai.
Later, song Liying and Zhang mouhui quarreled and scolded on the phone many times. During this period, Zhang mouhui asked song Liying to go to the seaside to 'talk', but song Liying didn't promise.
"I asked Zhang mouhui whether Yu would go or not. This is between me and Yu. If yu doesn't go, I won't go either. " Song Liying said in her confession that Zhang mouhui also asked him to meet under an overpass. Out of fear, he was not present.
Zhang mouhui once stated to the public security organ: "on the evening of October 13, Shen mouyang and I went to Yu for tea. During the conversation, we talked about song Liying. Because we were dissatisfied with song Liying, I wanted to talk to song Liying about the previous events through the strength of wine."
That night, Wang Xiaobo stayed at Song Liying's house. At about 0:16 a.m. on October 14, Zhang mouhui gathered many people and came to song Liying's house.
According to song Liying's confession, at that time, Zhang mouhui rang the doorbell downstairs, 'I thought Zhang mouhui and Yu came together, so I let his wife open the door.' Subsequently, song Liying's wife opened the security door of her home.
Zhang mouhui's confession provides another version: 'song Liying and I scolded each other on the phone. Listen to song's meaning to & lsquo; Clean up & rsquo; I, I was afraid of losing in the fight, so I went home to get sticks and military spikes, and called for help. While eating and drinking at the barbecue stand, the party received a call from Song Liying & lsquo; Didn't you come to me? I'm at home now. Come on & rsquo
In the subsequent proceedings, the prosecution proposed that when Zhang Hui knocked at Song Liying's house, the defendants song Liying and Wang Xiaobo "should be aware of the conflict after the two sides met", but they still opened the door with the intention of fighting.
Song Liying and Wang Xiaobo insisted that there was no "appointment". In this regard, the courts of first instance and second instance held that before the conflict between the two sides, Zhang Yihui had asked song Liying to meet at the seaside and under an overpass, but song Liying did not agree. Therefore, the conflict between Zhang Yihui and eight other people armed at Song Liying's home did not belong to the category of "agreement".
Many people attacked after entering the house armed, and the old, weak, women and children were all in the house
After the door opened, Zhang mouhui and others rushed into song Liying's home, and the conflict occurred immediately.
According to the case data, Zhang mouhui and others rushed into the house with sticks, military stabs, machetes and other instruments and had a fight with song Liying and Wang Xiaobo. During this period, song Liying stabbed Mou Mouqian, Jiang Moulin and Shen mouyang with a knife; Wang Xiaobo slashed Zhang Hui with a knife.
The court found that the basic process of the case at that time was restored:
Zhang mouhui and others rushed into the house successively. After entering the door, Zhang mouhui rushed towards Wang Xiaobo with an army stab. Wang Xiaobo fought with Zhang mouhui on the balcony with a machete and cut Zhang mouhui to the ground. Wang Xiaobo competed for the army stab in his hand.
Song Liying fought with Mou Mouqian, Shen mouyang, Shi mouyang and others in the living room. During this period, song Liying stabbed with a knife, several people of the other party beat song Liying with sticks, and Shi mouyang slashed song Liying on the head with a knife.
During the fight, song Liying retreated to the balcony and competed with Wang Xiaobo for the military thorn in Zhang Yihui's hand. After seizing the army stab, Wang Xiaobo attacked Zhang huiwith a knife.
About two minutes later, song Liying's wife, mother-in-law and others called the police for many times. After about two minutes, the intruder left song Liying's house.
Song Liying himself was also injured in the conflict. When she planned to go to the hospital for treatment, song Liying saw Mou Qian sitting on the ground with his legs covered at the door of her home. Song Liying, Wang Xiaobo and others carried him to the car and went to the hospital for treatment.
Finally, Mou Mou died. After identification, Mou was stabbed in the left leg by others, resulting in arterial rupture and death. In addition, Jiang Moulin and Zhang mouhui were seriously injured and Shen mouyang was slightly injured.
Song Liying and Wang Xiaobo both said that during the conflict between the two sides, he heard someone shouting 'kill your family'. Song Liying's father-in-law, mother-in-law and wife, who were in the house at that time, also said when questioned by the police that they heard someone shouting 'come and kill your family'.
As a witness at that time, in January 2020, song Liying's wife Wang Xiaohui told the Red Star News reporter that on the night of the incident, after Zhang Hui rang the doorbell, song Liying asked her to open the door, 'at that time, my father and son slept in the north bedroom, and my mother coaxed her daughter to sleep in the south bedroom. After I opened the door, I was ready to go back to my bedroom to sleep. Zhang mouhui and others came in with knives and sticks and began to beat song Liying and Wang Xiaobo. When I saw song Liying's head broken at the door of my bedroom, I called the police with my mobile phone. "
Wang Xiaohui recalled the situation at that time: 'someone pushed my bedroom door and shouted & lsquo; Kill your family & rsquo; Like that, I'm afraid the other party will come in, push the door hard and let my mother call the police at the same time. "
The court of Zhifu District of Yantai City in the first instance held that song Liying and others mentioned that someone shouted 'come to kill your family'. No matter whether the plot is true or not, it is a cruel language in the process of fighting, and the perpetrator's subjective intention cannot be judged accordingly.
One death and three injuries were caused by resisting with a knife, and the court found that the defense was excessive
On December 29, 2017, the court of first instance of Zhifu District found that before the incident, Zhang mouhui and others had intercepted Wang Xiaobo at Song Liying's house, and the two sides had quarreled and scolded each other on the phone for many times. Wang Xiaobo also confirmed that Zhang mouhui had asked song Liying to meet at the seaside and other places. Therefore, when Zhang mouhui and others called at Song Liying's House late at night, song Liying Wang Xiaobo should be able to realize that there will be a conflict after the two sides meet. Although it does not belong to an "appointment", the two "hold a laissez faire attitude towards the fight".
Zhifu District Court also held that Zhang mouhui and others entered song Liying's home after drinking, late at night, gathered people and armed. After entering the door, Zhang mouhui first launched an attack, 'the illegal infringement required for the implementation of self-defense objectively exists and is ongoing. Song Liying and Wang Xiaobo resisted with a knife when their personal safety is facing a real threat, so it can be determined that their behavior is to stop the illegal infringement, His behavior is defensive. "
At the same time, Zhifu District Court held that song Liying and Wang Xiaobo's defense behavior obviously exceeded the necessary limit and caused significant damage.
The court said that the intention of Zhang Yihui and others to song Liying's house was to 'clean up' song Liying and make him soft. After Zhang Yihui and others entered the house, the two sides immediately fought, so there were no preconditions for special defense. During the fight, song Liying fought with each other with a sharp knife and Wang Xiaobo with a machete, resulting in one death, two serious injuries and one minor injury. Compared with song Liying's minor injury Wang Xiaobo had no damage consequences, and song Liying's defense behavior obviously exceeded the necessary limit.
Zhifu district court said that Zhang mouhui and others first provoked the incident, and they were drunk, late at night, gathered people and armed into the house. They had a major fault in the cause of the incident.
The content of the first instance judgment obtained by the Red Star News reporter shows that the Zhifu district court believes that the acts of song Liying and Wang Xiaobo belong to stopping the ongoing illegal infringement, and their acts are defensive in nature, but their defensive acts cause serious consequences of 1 death, 2 serious injuries and 1 minor injuries, which obviously exceed the necessary limit and cause significant damage, which constitutes the crime of intentional injury and should be held criminally responsible according to law. After Song Liying had taken Zhang's army stab, Wang Xiaobo still attacked Zhang with a knife, which was obviously an excessive defense.
Zhifu District Court of First Instance sentenced song Liying to fixed-term imprisonment of 8 years and Wang Xiaobo to fixed-term imprisonment of 6 years for the crime of intentional injury.
In June 2018, Yantai intermediate people's court made a judgment of second instance, which held that the facts identified in the judgment of first instance were clear, the conviction was accurate, the sentencing was appropriate, and the trial procedure was legal. However, since Song Liying's relatives were able to compensate certain economic losses to the family members of the deceased Mou Mouqian and obtain understanding during the trial of second instance, the punishment could be mitigated according to law, 'song Liying was sentenced to fixed-term imprisonment of 7 years.'
Red Star News reporter noted that Zhang mouhui, Jiang Moulin, Shen mouyang and Shi mouyang who entered the House Armed were also prosecuted for intentional injury.
As defendants, Zhang Yihui and Shen Yiyang proposed that this case was a vicious case caused by song Liying and others' design to lure Zhang Yihui and others to come to the door for intentional assassination ', but the court did not adopt this statement.
Zhang Yihui and others also proposed that Zhang Yihui and Jiang Yilin entered the house with weapons, but did not hurt anyone. Shen Yiyang used a wooden stick to stop after being stabbed by song Liying for two times, and Shi Yiyang used a machete to stop when stabbed by song Liying, which belongs to self-defense.
The court also did not accept it. It held that Zhang mouhui and others entered song Liying's home late at night with arms, subjectively for the purpose of injury, objectively implemented the act of injury, constituted the crime of intentional injury, and did not belong to self-defense.
On December 29, 2017, Zhifu District Court made a judgment of first instance. Zhang mouhui and other four people committed the crime of intentional injury and were sentenced to imprisonment ranging from 2 years and 6 months to 2 years and 9 months.
Appeal lawyer: 'it is difficult for them to defend accurately at the time of life and death'
Song Liying was born in 1983. She was 32 at the time of the crime and 37 this year.
'They cut down my family with knives and sticks, and I was blocking it at that time. Criminals invade my house. If I stop them, I will hurt them intentionally