The woman was beaten by her husband and stabbed to death with scissors and sentenced to a suspended sentence, and a lawsuit for divorce was dismissed

The Paper's reporter Chen Xuhou intern Shi Ke

Xu Mouqin, a woman in Shantou City, Guangdong Province, who had been beaten by her husband many times before, had sued for divorce and was rejected by the court. After that, the couple slept in separate rooms. In June 2020, her husband Zheng Mousong beat Xu Mouqin with an aluminum basin after drinking alcohol, and repeatedly strangled Xu Mouqin's neck with his hands, and Xu Mouqin stabbed her husband with scissors in resistance, resulting in his death.

Recently, a first-instance criminal judgment published by the China Judgment Documents Network disclosed the above-mentioned case facts. The Paper (www.thepaper.cn) noted that after the incident, Xu Mouqin's side repeatedly apologized to Zheng Mousong's relatives and obtained forgiveness. The Chaonan District Court of Shantou City held in the first instance that Xu Mouqin was armed to defend himself when others illegally infringed upon him, but exceeded the necessary limit, causing the death of one person, and his behavior infringed on the personal rights of citizens, which constituted the crime of intentional injury. In November 2021, the Chaonan District Court rendered a first-instance judgment on the case: Xu Mouqin committed intentional injury and was sentenced to three years in prison, suspended for three years.

According to the first-instance judgment, Xu Mouqin, born in 1976, was criminally detained in June 2020 on suspicion of intentional homicide, arrested on June 30 on suspicion of intentional injury, released on bail pending further investigation in February 2021, and placed under residential surveillance in September 2021.

The Chaonan District Court found that Xu Mouqin and Zheng Mousong were husband and wife, and after marriage, Xu Mouqin was beaten by Zheng Mousong many times. In May 2019, Xu Mouqin filed a divorce dispute lawsuit. On July 29 of the same year, the Chaonan District Court ruled that the two were not allowed to divorce and rejected Xu Mouqin's other litigation claims. After that, Xu Mouqin and Zheng Mousong slept separately.

At about 23:00 on June 15, 2020, Zheng Mousong broke into Xu Mouqin's bedroom after drinking, and pinched the neck of Xu Mouqin, who was sleeping, xu Mouqin stood up to resist and was beaten by Zheng Mousong, and Xu Mouqin escaped from the bedroom. Xu Mouqin's father, Xu Mouqiang, heard the noise and rushed to the scene to persuade him, but was injured by Zheng Mousong holding an aluminum basin. Xu Mouqin told Zheng Mousong not to affect the child's rest and return to the bedroom, Zheng Mousong broke into the bedroom again with an aluminum basin and smashed Xu Mouqin's head. Xu Mouqin successively took the thermos bottle and scissors to fight, and the two sides fell to the ground together in the process of pushing and shoving.

After Zheng Mousong fell to the ground, he once again pinched Xu Mouqin's neck with his hand, and Xu Mouqin stabbed Zheng Mousong's chest with scissors and other places, until Zheng Mousong released his hand before stopping. Subsequently, Xu Mouqin called the police. After the case was arrested, Xu Mouqin truthfully confessed the fact of intentional injury.

After identification, Zheng Mousong's blood ethanol content was 252mg/100ml, and his cause of death was in line with the multiple ruptures of the right lung caused by multiple sharp instrument thorns, and the formation of hemorrhagic shock in the blood and pneumothorax; Xu Mouqin's face, neck, upper limbs and abdomen were caused by multiple soft tissue injuries, which were caused by blunt external forces, and the degree of injury was minor.

After the case, Xu Mouqin's side repeatedly apologized to the relatives of the victim Zheng Mousong and obtained his forgiveness. In September 2021, Xu Mouqin signed the "Affidavit of Admitting Guilt and Accepting Punishment" in the presence of his defender. The public prosecution organ proposed that the defendant Xu Mouqin be sentenced to three years' imprisonment and apply the sentencing recommendation of a suspended sentence.

The Chaonan District Court held in the first instance that Xu Mouqin was armed to defend himself when others illegally infringed upon him, but exceeded the necessary limit, causing the death of one person, and his behavior violated the personal rights of citizens, which constituted the crime of intentional injury. The public prosecution was convicted of accusing defendant Xu Mouqin of intentional injury, and the sentencing recommendation was appropriate. In view of the fact that this case is a crime caused by marriage and family, Zheng Mousong is at fault for the occurrence of this case, Xu Mouqin's behavior is excessive defense, and after the case, he voluntarily surrenders to the judicial organs and truthfully confesses the crime, has the circumstances of voluntary surrender, voluntarily admits guilt and accepts punishment, and obtains the forgiveness of the victim's family, and gives him a mitigated punishment in accordance with law. Based on Xu Mouqin's criminal circumstances and expression of remorse, it was declared that the suspended sentence had no major adverse impact on the community in which he lived, and the suspended sentence was applied in accordance with law.

Xu Mouqin's defender put forward that Zheng Mousong was at fault for the occurrence of this case, that Xu Mouqin's conduct was excessive defense, that after the case he automatically surrendered to the judicial organs and truthfully confessed the crime, that there were circumstances of voluntary surrender, that he voluntarily admitted guilt and accepted punishment, that he had obtained forgiveness from the victim's relatives, and that he requested a mitigated punishment and apply a suspended sentence, and that there was a factual and legal basis, and that the reasons were established and adopted. In November 2021, the Chaonan District Court rendered a first-instance judgment on the case, and Xu Mouqin was convicted of intentional injury and sentenced to three years in prison, suspended for three years.

Editor-in-Charge: Cui Xuan Photo Editor: Shi Jiahui

Proofreader: Liu Wei