Preface.
As usual, Jiang Wei (pseudonym), who came to the storefront, was stunned by the scene in front of him, his wife Liu Yan (pseudonym) was encountering **, his eyes were dark, his brain was blank, he picked up the pot next to him and used all his strength to smash it towards Zhou Qiang.
Zhou Qiang (pseudonym) was suddenly knocked aside by him, Jiang Wei did not stop, punched and kicked him, anger had made him unable to think, and in the end, Zhou Qiang was beaten with brain loss and became a vegetative person, and Zhou Qiang's family sued Jiang Wei in court for intentional injury, how did the court sentence?
Case review. Jiang Wei and Liu Yan are both from rural Anhui Province, and they went out of their hometown to work in Jiangsu together, Jiang Wei studied cooking and worked in the back kitchen of a restaurant, and Liu Yan worked as an operator on the assembly line of an electronics factory, and their dream was to open a restaurant of their own.
For this dream, the two of them saved money, often worked overtime to earn money, people worked for eight hours, they worked for ten hours, and finally the hard work paid off, they saved some money, rented a small store at the door of the community, went through the formalities, and the noodle restaurant opened.
Every morning at four o'clock, the couple will go to the store to prepare, in order to ensure the taste, the soup is freshly boiled on the same day, and the noodles are also bought by Jiang Wei at the market on the same day.
In order to save money, the store did not recruit people, all the things were done by themselves, Jiang Wei was responsible for cooking noodles, Liu Yan was responsible for cleaning up the dishes, the two were very attentive to running the small shop, in their eyes, this shop is their hopeful future.
Because their noodles are moderate, the taste is good, the couple are also kind, and slowly have a lot of repeat customers, Zhou Qiang (pseudonym) is also one of them, his past is really bad, he has been unemployed, has nothing to do all day long, wanders around, lives on his parents' pension, and has been detained several times for ** women, picking quarrels and provoking trouble after drinking.
He often eats noodles in the noodle restaurant of Jiang Wei and his wife, Liu Yan ** is very fair-skinned, Zhou Qiang often peeks at her, one morning in winter, Jiang Wei accidentally sprained his waist when he was working the day before, Liu Yan told him to sleep a little longer, and he went to the store to prepare first.
Before five o'clock, Liu Yan arrived at the store, boiled the soup needed today, packed up the tables and chairs, and waited for Jiang Wei to open the store.
Seeing that the lights were on inside, Liu Yan was working with his head down, and there was no Jiang Wei next to him, and he had always had bad intentions towards Liu Yan.
After he made sure that there was no one around, he took advantage of Liu Yan's inattention and hugged her from behind, Liu Yan desperately broke free, using both hands and feet, but he still couldn't defeat Zhou Qiang's strength, and he forcibly had a relationship with her.
At this moment, Jiang Wei came to the store, the scene in front of him made him lose his mind instantly, seeing his beloved wife being insulted like this, he couldn't think, picked up the pot on the stove and smashed it with all his strength.
Zhou Qiang was immediately knocked unconscious, fell aside, his wife tidied up her clothes, hid her face and cried, seeing his sad wife, he was very sad in his heart, he hated himself for not protecting his wife, hated Zhou Qiang's atrocities.
Zhou Qiang, who fainted, was punched and kicked, and he calmed down until he was dissuaded by a passing guest, called 120 and called the police.
Zhou Qiang was found to have suffered a moderate brain injury and was temporarily unable to wake up, and Zhou Qiang's family took Jiang Wei to court for intentional injury and asked him to pay for medical expenses.
Jiang Wei thinks that he is justified in self-defense, how will the court decide?
Did Jiang Wei really commit the crime of intentional injury?
It can be seen from the regulations of our country.
The crime of intentional injury or the crime of organizing the sale of human organs refers to intentionally harming the body of another person, and is sentenced to up to three years imprisonment, short-term detention or controlled release.
Whoever commits the crime described in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Jiang Wei did not deliberately hurt Zhou Qiang, but only did it when he saw that Zhou Qiang was violating his wife.
His conduct is not classified as intentional wounding, and the crime of intentional wounding is not established.
Is Jiang Wei's behavior excessively defensive?
Continue to read the law, you can see.
Where legitimate defense clearly exceeds the necessary limits and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.
Anyone who takes defensive action against an ongoing crime, homicide, robbery, kidnapping, or other violent crime that seriously endangers personal safety, causing an unlawful offense, is not considered to be in excessive defense and does not bear criminal responsibility.
For this case, Jiang Wei saw that his wife was being violated by Zhou Qiang, and at that time, violent injuries were ongoing, and in order to protect his wife, he had to make the choice of beating.
Jiang Wei's actions met the conditions of legitimate defense, so he did not need to bear legal responsibility.
So what punishment should Zhou Qiang receive?
Zhou Qiang ignored Liu Yan's objections and violently assaulted her, and the prosecutor will prosecute him for "** crime".
*Crime refers to a crime constituted by the perpetrator violating the relevant provisions of the Criminal Law of the People's Republic of China and using violence, threats, injuries or other means to force the victim to engage in sexual acts against the victim's will.
* Crime, punishable by imprisonment for not less than 3 years but not more than 10 years;where the circumstances are serious, a sentence of 10 or more years imprisonment, life imprisonment, or death is to be given.
In the end, he was sentenced to five years and one month, and because he was so seriously injured, he could be executed first.
Write at the end. The heart of defense is indispensable, the heart of harm is indispensable, as a woman, there is still a huge disparity in strength compared with men, when you go out, especially when you are alone, you must have a sense of self-protection.
Don't let those criminals take advantage of the opportunity, you can bring some anti-aggression spray appropriately in case you need it. The critical moment can buy time and escape smoothly.
If you are unfortunate enough to encounter violations, you must learn to use the law to protect yourself, and afterwards, keep the evidence, call the police as soon as possible, so that the person who does bad things can get the punishment he deserves!
What do you think about this case?Tell us what you think.