In August 2020, a criminal case occurred in Lezhi County, Sichuan Province, resulting in 1 death and 2 injuries, which was a sensation in the local area. According to the judgment recently published by the China Judgment Documents Network, this case is related to the "love triangle", and the man Gou Mou was provoked by his girlfriend's other boyfriend Wang Mou, and was knocked down by Wang Mou and his entourage, and stabbed with a knife, resulting in 1 death and 2 injuries. The court found that Gou's act was justified in self-defense, but it was excessive defense, and sentenced Gou to 4 years and 6 months in prison for the crime of intentional injury.
Girlfriend trapped in "love triangle"
After the man was knocked down by the other party, he stabbed with a knife, killing 1 and injuring 2
Gou, 23 years old this year, is from Changshou District, Chongqing. From the evening of August 13 to the morning of August 14 last year, he repeatedly talked with his girlfriend Chen mou on the phone, asking Chen to return to a rented hotel on Chuan'e Middle Road in Lezhi County. Because the two agreed to leave Lezhi together.
During the period, Chen Mou, who maintained a romantic relationship with Wang at the same time, was with 5 people such as Wang Mou, Xiong Mou, and Yao Mou, and Wang Mou did not want Chen to go back, and provoked Gou Mou on the phone. Until about 7:40 on the 14th, Chen went alone to the hotel room where Gou was located. Chen and Wang and others also agreed that if they did not return for an hour and a half, Wang and others would go to find Chen.
At about 8 o'clock, Wang, Yao, Xiong and other 5 people came to the hostel, chen saw the room door closed and locked, and stood outside the door to prevent Wang and others from entering the room. Subsequently, Wang kicked the door of the room with his foot and entered the room with Chen, Yao and Xiong.
At this time, Chen was worried that Wang and others would beat Gou, so he went to the bed to block in front of Gou, and Wang, Yao, and Xiong surrounded Gou and Chen. Yao and Wang asked Chen and Gou if they had broken up, Gou said that they had not broken up, and Chen said that they had broken up. Subsequently, Xiong hit Gou's head with his hand, and Wang and Yao jumped on the bed and hit Gou's head and upper body with their hands.
After Gou was knocked down on the bed, he took out the folding knife placed on the side of the bed and stabbed Yao and Wang, causing Yao to be stabbed 4 times on the outside, inside and inner thighs of Yao's left calf; 4 times on the outside of Wang's left waist and the inside and outside of his left abdomen. Yao and Wang left the scene after being stabbed.
Continuing to fight with Xiong, Gou stabbed Xiong in the left chest with a knife, and when Xiong turned to run away, he stabbed Xiong's right back, and then pushed Xiong to the corner, causing Xiong to fall to the ground. After going out to chase Wang and the others without finding out, Gou returned to the room and continued to stab Xiong's lower body.
After that, Gou went downstairs with Chen with his luggage and took a taxi to prepare to flee. After Wang's companion Zhang stopped the taxi and told Gou that he had called the police, Gou and Chen got out of the car together and waited for the police in the same place. While waiting, Gou also asked the hostel attendant to help call the police.
↑ The scene of the incident.
Later, after being identified by the Forensics Laboratory of the Lezhi County Public Security Bureau, Xiong mou was stabbed in the chest by a single-edged sharp instrument (such as a dagger) before his death, resulting in heart rupture and death; Wang Mou's sigmoid colon rupture, constituting a serious injury of the second degree, perineal hematoma constituted a serious injury of the second degree, the trunk scar was a minor injury; yao Mou's limb scar was a minor injury.
The court found that the defense was excessive
The man was convicted of intentional injury and sentenced to 4.5 years in prison
After the police arrived at the scene, Gou told the police that he stabbed the person with a knife, and also confessed truthfully after arriving at the case.
On August 15 last year, Gou was criminally detained on suspicion of intentional homicide.
When the procuratorial organ initiated the prosecution, it held that Gou constituted the crime of intentional injury, and his behavior was justified in defense and excessive defense.
After trial, the Lezhi County People's Court also held that Gou deliberately injured the body of another person, causing the serious consequences of 1 death, 1 serious injury and minor injury, and 1 person minor injury, and his behavior had constituted the crime of intentional injury. In addition, when Gou was beaten with bare hands by Xiong, Wang, and Yao, he stabbed 3 people with a knife, causing Xiong's death, Wang's serious injury and minor injury, and Yao's slight injury, which should be regarded as legitimate defense, and the defensive behavior clearly exceeded the necessary limit, which was excessive defense, and should bear criminal responsibility, but should be mitigated punishment.
In addition, Gou knew that others had called the police and was found to have surrendered voluntarily, and after arriving at the case, he also truthfully confessed the crime and voluntarily admitted guilt and accepted punishment, on December 4, 2020, the Lezhi County People's Court made a first-instance judgment based on this, sentencing Gou to 4 years and 6 months in prison for intentional injury.
↑ Verdict.
Red Star News reporter Yao Yongzhong
Edited by Peng Jiang
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