1. Case review.
Xiao Tong is 12 years old this year, and grandma Sun lives together, in fact, Xiao Tong has parents, Xiao Tong's parents are patriarchal, after Xiao Tong was born, his parents are not very good to Xiao Tong, only Grandma feels sorry for Xiao Tong, it didn't take long for them to leave Xiao Tong to Grandma, and then the couple went out to work, ready to have another son.
At first, the child's parents would send some living expenses back, but after the birth of the child's younger brother, the parents stopped caring about the child and completely left it to the grandmother.
Grandma is older, so she can only do some simple odd jobs to earn some money for the child to go to school, but fortunately, the child is a sensible child, and he will help his grandmother work every day when he comes back from school. When you have time, you can pick up some scraps nearby to reduce the burden on your family.
On this day, the grandmother came home from the outside, cooked food and waited for the child to come home, and after waiting for a while, the child did not come home, and the grandmother thought that the child had gone to the neighborhood to pick up the rags again.
When the meal was done, the child didn't come back, Sun was a little worried, and seeing that it was about to rain outside, Sun picked up the crutches and prepared to find his granddaughter.
Sun looked for it all the way, walked to a reed field not far from his home and heard someone calling for help, Sun listened carefully that it was his granddaughter Xiaotong, Sun hurriedly looked for the voice.
Sun was furious by the scene in front of him, Cai, an unemployed vagrant in his 40s in the village, was actually violating his granddaughter Xiaotong, Sun couldn't take care of so much at this time, she just wanted to save her granddaughter.
Sun walked quickly to Cai's side, picked up the crutches and smashed Cai's head with all his strength, Sun had lost his mind a little at this time, and smashed at Cai until he sat down on the ground exhausted.
Cai was defenseless against the sudden blow and fell to the ground.
Villagers passing by heard the child's cry and immediately called the police**.
2. So, in this case, what crime did Sun commit and what punishment will he receive?
Sun was sued by Cai's family in court, and Cai's family believed that although Cai was at fault, he was not guilty to death, but Sun beat him to death, believing that Sun was guilty of intentional homicide.
The judge held that the child was not an adult and lacked the ability to defend himself, and that the grandmother, Sun, as the child's guardian, had the responsibility and obligation to protect the child when she saw that the child was harmed.
Sun and Cai have no grievances, and they usually have no contacts, so subjectively there is no desire to deliberately kill Cai.
Xiao Tong is Sun's only relative, and when he saw him being violated, he was extremely angry, and his only thought was to save Xiao Tong, so he hit Cai, resulting in his accidental death.
Therefore, Grandma Sun's actions were justified defense, did not constitute the crime of intentional homicide, and did not need to bear criminal responsibility and no economic compensation.
Hearing this result, everyone applauded, believing that any grandmother would rise up to resist when she saw her granddaughter being violated.
3. Write to the end.
Seeing the verdict, I believe everyone applauded that Cai did such a thing to a minor child, and finally paid the price for his actions.
Although Grandma Sun does not need to bear criminal responsibility, the child's injury has already been caused, and the matter is irreparable.