The son is the wife derailed by the birth, the adulterer door provocation, the husband with a baseball bat to find the dignity of the man

2022-05-05 0 By

Brief Introduction of the case On December 17, 2021, the Intermediate People’s Court of Puyang City, Henan Province issued a notice, announcing to the society a bloody case caused by emotional entanglement.In late March 2020, a man surnamed Wang noticed that his wife Ren was having an affair with Du, so he suspected an improper relationship between them.Pressed by Wang, his wife Ren admitted that wang’s son was born with Du.For the family, Wang adopted a tolerant attitude.Du learned that the situation after no convergence of the meaning, but frequent phone humiliation Wang mou.In the afternoon of April 8, Du intentionally parked his car at wang’s door.This thoroughly will wang mou heart of anger to arouse.Wang, armed with a knife and a baseball bat prepared in advance, smashed du’s window and knocked her unconscious.Later, Wang broke into Du’s home and beat du’s wife, daughter, son, respectively hit minor injuries, serious injuries, minor injuries.Wang returned to find Du still in the car, and hit its head with a baseball bat several times, causing Du to die.When Wang met Du’s 71-year-old mother on the road, wang hit her head with a baseball bat and beat her to death.So how does this matter from a legal perspective?First, Wang beat Du’s wife, daughter, son’s behavior suspected of intentional injury.Wang, in order to vent his dissatisfaction with Du, broke into his home and beat his wife, daughter and son into minor injuries, serious injuries and minor injuries with a stick.Intentional injury crime into the crime of the starting point is to cause others minor injuries above the harmful consequences, so Wang beat Du’s wife, daughter’s behavior constitutes intentional injury crime, beating Du’s son’s behavior does not constitute a crime, but in violation of the “law of public security management punishment” provisions, should accept administrative punishment.Whoever intentionally injures another person in accordance with Article 234 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.Wang mou continues to harm du mou wife and children three people’s health, and the result of serious injury to the daughter, so should be in three years of more than 10 years of the following range sentencing.Second, Wang beat Du and his mother to death behavior suspected of intentional homicide.From the point of view of wang’s strike, du and his mother’s percussion parts are the head, and the head is an important position of the human body, with fatal.As an adult, Wang should have known that hitting the head with a baseball bat could result in the death of another person, but he still struck the victim du several times in the head with a baseball bat.When du met his mother, he hit her head with a baseball bat. How could a 71-year-old man survive such a blow?Therefore, Wang mou no matter from the subjective intention or objective behavior, are active pursuit of the death of two people, its behavior has constituted the crime of intentional homicide.Article 232 of the Criminal Law stipulates that whoever intentionally kills someone shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years;If the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.Wang mou kills two people even, subjective malign and harm consequence is great, because this ought to sentence life imprisonment or death sentence commonly.Three, the victim Du mou has a major fault, can reduce wang mou’s guilt?Article 22 of Several Opinions of the Supreme People’s Court on The Implementation of the Criminal Policy of Tempering Justice with Mercy stipulates that: for crimes caused by the intensigation of civil conflicts such as love, marriage, family and neighborhood disputes, and for sudden crimes caused by the fault of the victim or based on righteous indignation or with defensive factors, leniency shall be given as appropriate.In this case, the victim du mou and Wang mou wife fornication, not only do not know shame, but repeatedly called Wang Mou, and finally even drove to the door provocation, this is really unbearable.Therefore, if Wang mou killed Du mou on the spot, should be identified as passion murder, can be lenient punishment as appropriate.However, Wang not only killed Du mou, but also wounded Du’s wife, son, daughter, and finally took its old mother.Except du, the rest of the people are innocent, but Wang did not let them go.So, even if the victim du mou fault, also cannot reduce Wang mou’s guilt.Conclusion Wang mou is undoubtedly ferocious, he not only killed the du mou that causes harm to oneself, but also to its one old little four painful hands.At the same time, Wang is also sad, his wife cheating, son is not his own, he put up with it, but Du still stubbornly, eventually led to his irrational on the road of no return.Wang encountered disputes can not calmly protect their rights according to law, but to seek violence against violence, and eventually hurt themselves.Du and Wang’s wife Ren are both family people, but violate ethical norms and fornication with others, both harm themselves, but also harm others.In the face of lust, is human nature really so vulnerable?Do you support the criminalization of cheating in marriage?What is your opinion on this matter?If you want to know more exciting content, please pay attention to Gango’s theory. 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