Defendant Yang Gongxun was sentenced in the first instance of the intentional homicide robbery case

Mondo Social Updated on 2024-02-03

**: Wenzhou Intermediate People's Court.

On February 3, 2024, the Intermediate People's Court of Wenzhou City, Zhejiang Province, openly tried the case of intentional homicide and robbery of the defendant Yang Gongxun in accordance with the law and pronounced the verdict in court, convicting Yang Gongxun of intentional homicide, sentenced to death, and deprived of political rights for life; He was sentenced to six years' imprisonment and a fine of 20,000 yuan, and was sentenced to death, deprived of political rights for life, and fined 20,000 yuan.

The Wenzhou Intermediate People's Court ascertained through trial that the father of the defendant Yang Gongxun and the father of Yang Mouyan (the victim, who died at the age of 47) were distant cousins. In January 2018, the two families fought each other over a dispute over the boundary of the vegetable garden in front of the house, and both parties were injured. After mediation by the village committee and clan relatives Yang Mouxu and others, a settlement was reached. Later, Yang Gongxun's father underwent heart stent surgery due to coronary heart disease, and Yang Gongxun believed that it was related to the injury case and repented and reconciled. During this period, Bai Mou, the secretary of the local community (the victim, died at the age of 47), Yang Mouke, deputy director of the village committee, and other relevant personnel organized mediation many times, and Yang Gongxun repented after receiving part of the mediation money, and the contradiction between the two parties could not be resolved. Coupled with the change in his marriage and the deterioration of his economic situation, Yang Gongxun became resentful and planned revenge. From 7:50 a.m. to 8:20 a.m. on January 19, 2023, Yang Gongxun used machete slashing, driving and other means to cause the death of the victim Bai Mou, Bai's mother-in-law Chen Moulu (died at the age of 66), Yang Mouxu's father Yang Mouying (died at the age of 78), Yang Mouxu's mother Chen Moulian (died at the age of 73), Yang Mouyan, Yang's mother, Wang Mouyu (died at the age of 70), and Bai's wife Yang Mouyan was slightly injured. On the way to commit the crime, Yang Gongxun also threatened to rob Chen's car with a knife. Later, Yang Gongxun surrendered. According to the judicial appraisal, Yang Gongxun had full capacity for criminal responsibility at the time of committing the crime.

The Wenzhou Intermediate People's Court held that the defendant Yang Gongxun intentionally and unlawfully deprived others of their lives, causing six deaths and one minor injury, and that his conduct constituted the crime of intentional homicide; Hijacking another person's vehicle by threatening a knife constitutes the crime of robbery and shall be punished concurrently. The facts and charges charged by the public prosecution are established and supported. Yang Gongxun's murderous intentions were resolute, his criminal methods were particularly cruel, the circumstances were particularly heinous, and his crimes were extremely serious, and he should be severely punished in accordance with the law. Although Yang Gongxun voluntarily turned himself in, his use of extreme violence to vent his anger and revenge, and the brutal killing of innocent, old and weak, is not tolerated by the law, and the facts, nature, and circumstances of his crime, as well as the degree of harm to society, are not sufficient to give him a lighter punishment. Therefore, the above judgment was made in accordance with the law.

The court formed a seven-member collegial panel to hear the case, and protected the defendant Yang Gongxun's procedural rights such as defense and application for recusal in accordance with the law. During the trial, the prosecution and defense fully expressed their opinions through courtroom investigation and courtroom debate. Some of the victims' relatives filed attached civil lawsuits, and the courts made rulings in accordance with law.

Relatives of the defendants, relatives of the victims, deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, and journalists observed the trial.

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