Preface.
Jiang Wei walked into the store as usual and saw that his wife Liu Yan was being forcedViolence, the whole person was stunned, he had a mess in his head, grabbed the iron pot beside him, and used all his strength to slam it and hit Zhou Qiang.
Zhou Qiang was directly thrown aside, Jiang Wei did not give up, and began to beat him, so angry that his brain was not clear, which eventually led to Zhou Qiang's brain damage and became a comatose patient, Zhou Qiang's family sent Jiang Wei to the court and sued him for deliberately hurting people, what will happen to this matter?
The trial of the case.
Jiang Wei and Liu Yan are both from Anhui, both left their hometown and came to Jiangsu, Jiang Wei is a cook, Liu Yan is a factory worker, both have a common ideal.
For this reason, the couple cut down on food and clothing, often working overtime, others worked eight hours, they worked ten hours, and in the end it was not in vain, they saved some savings, chartered a store in front of the community, handled the business license, and officially opened.
Jiang Wei and his wife got to the shop at four o'clock to cook, the soup stock was cooked that day to preserve the taste, and the noodles were brought from the market today.
Jiang Wei is cooking in the kitchen, Liu Yan is cleaning, the two of them take good care of the storefront, for them, this restaurant is their greatest hope.
Zhou Qiang is one such person, he didn't have a job before, he didn't have a job, he was idle all day long, he just lived on the pension given by his family, and he was arrested several times for harassing women, getting drunk and fighting.
He often eats at the noodle stall opened by Jiang Wei and his wife, Liu Yan's complexion is very white, so that Zhou Qiang can't help but take a few more looks, in the winter morning, Jiang Wei is too tired from work and has a waist injury, so Liu Yan asked him to rest well, and he went back to the store.
Before five o'clock, Liu Yan came, boiled a pot of broth, tidied up the table, and waited for Jiang Wei to come over and open the door, while Zhou Qiang finished playing cards with a few friends and passed by Liu Yan and his wife's noodle shop.
Liu Yan was busy with work and did not see any trace of Jiang Wei, which made him feel a trace of malice towards Liu Yan.
He looked around and saw that there was no one, so he hugged Liu Yan from behind, Liu Yan struggled to resist, but after all, he was not Zhou Qiang's opponent, and he was **.
At this time, Jiang Wei walked into the store, and when he saw his favorite wife being humiliated like this, the whole person was not good, he took the pot on the stove and threw it at the woman with all his might.
Zhou Qiang was directly knocked unconscious, lying on the ground, his wife had already packed her clothes, covered her face and cried, he was distressed, only blamed himself for failing to protect his wife, and blamed Zhou Qiang for going too far.
Zhou Qiang was beaten up in a coma, and in the end, passers-by came to stop him, which calmed him down a bit, and then dialed 120 to call the police**.
Zhou Qiang was diagnosed with a mild head injury and would not wake up for a while, and Zhou Qiang's family sent Jiang Wei to the court, suing him for intentional wounding and demanding medical expenses.
Jiang Wei admits that he is defending himself, how will the court decide?
Did Jiang Wei really constitute a malicious attack?
According to our regulations, we can see.
The crime of intentional injury and the crime of organizing the sale of human tissues and organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention and controlled release, respectively.
Whoever commits the conduct described in the preceding paragraph, causing serious bodily injury, is to be sentenced to imprisonment of not more than three to ten years;Where gross negligence is committed, criminal legal responsibility shall be immediately pursued.
Jiang Wei didn't mean to hit Zhou Qiang, but saw Zhou Qiang attack his wife, so he made a move.
He is not guilty of malicious harm, nor is he guilty of malicious harm.
Did Jiang Wei's actions constitute legitimate self-defense?
He continued to look down.
If the act of defense exceeds the necessary scope and causes relatively large losses, criminal responsibility shall be borne, but the punishment may be mitigated or mitigated.
For violent crimes that seriously threaten the physical health of others, such as homicide, robbery, or kidnapping, if defensive actions are carried out and the other party is injured or killed, it does not constitute excessive defense and does not need to bear criminal responsibility.
As far as this matter is concerned, Jiang Wei witnessed Zhou Qiang's violence against his wife, and he would only take action out of protection for his wife.
Jiang Wei's actions are self-defense and he does not have to bear any criminal responsibility.
So, what kind of punishment should Zhou Qiang get?
Zhou Qiang ignored Liu Yan's ** and brutally beat her, and the procuratorate was ready to prosecute him for "** crime".
* Crime is an illegal act, which refers to a crime in which the perpetrator uses violence, threats, injuries or other methods against the will of the victim to force the victim to have sexual relations.
Three to ten years' imprisonment for ** offences;where the circumstances are especially heinous, they are to be sentenced to up to 10 years imprisonment, life imprisonment or death.
In the end, he was sentenced to five and a half years, because he was seriously injured, so he could be medically treated before the death penalty was carried out.
At the end. As a woman, her strength is far inferior to that of a man, so she must learn to protect herself, especially a person.
Just in case, you can carry some anti-virus spray with you. In the most critical moment, he was able to buy enough time to escape successfully.
When you are unfortunate enough to encounter violence, you must learn to use legal means to protect yourself, keep good evidence afterwards, and immediately call the police, so that the perpetrators of the rape department can be punished as they deserve!
What are your thoughts on this case?Please let us know what you think.