The Paper's reporter Peng Yu
Luo Moubo, the former secretary of the Guizhou Danzhai Education and Science Bureau, has maintained an extramarital affair with the wife of his subordinate Chen Moumou for a long time, and in the early morning of July 2, 2021, after Chen Moumou was discovered, he killed Luo Moubo in the office of the Danzhai County Education and Science Bureau on the morning of the same day.
The verdict was pronounced in the case of the murder of the former secretary of the Danzhai Education and Science Bureau in Guizhou, and the defendant was sentenced to life imprisonment in the first instance. Courtesy of respondents
The Paper (www.thepaper.cn) learned from Han Pingyu, Chen X's lawyer and director of the Guizhou Mass Law Firm, on January 26, 2022 that the verdict had been pronounced on the morning of the 26th, and the Qiandongnan Prefecture Intermediate People's Court held that Chen X had deliberately and illegally deprived others of their lives and caused the death of one person, and his behavior constituted the crime of intentional homicide, but the improper male-female relationship between the victim and the defendant's wife was an important reason for the case, and the victim had obvious faults and could be given a lenient punishment to the defendant.
The court did not adopt the previous recommendation of the Qiandongnan Prefecture Procuratorate for a suspended death sentence, and the first instance sentenced Chen to life imprisonment and deprivation of political rights for life. Han Pingyu said that Chen Moumou did not accept the verdict as to the first-instance judgment and appealed at the court.
The man kills after discovering that his wife has cheated on him
The court trial found that Chen X and Xian Li (pseudonym) married in 2018, and after the second half of 2020, Chen X suspected that he was having an affair because Xian Li often returned late.
In the early morning of July 2, 2021, when Chen Moumou returned home, he found that Xian Li had not yet returned home, so he took a folding knife and waited for Xian Li downstairs.
At about 1:00 a.m. on the same day, Chen Moumou saw Xian Li riding Luo Moubo's white Toyota SUV home, so he suspected that Xian Li's derailment object was Luo Moubo.
Chen Moumou returned home and beat Xian Li, forcing Xian Li to ask about the relationship between Xian Li and Luo Moubo, and under Chen Mou's persecution, Xian Li admitted that she and Luo Moubo were lovers. After Chen injured Xian Li, he called his relatives to come to his home to help deal with it, and Chen Mou's relatives took Xian Li to the hospital and persuaded Chen Mou.
The surging news learned from informed sources that in 2017, Xian Li's unit helped two villages in Ya'an Township, Danzhai County, and Luo Moubo was the party secretary of Ya'an Township at the time. At the end of July 2020, when the help work greeted the inspection, Luo Moubo added Xian Li's WeChat, and then has been pursuing her. After the two became lovers, they had sex many times, mostly in the car, and the two also had a relationship on the eve of the crime.
Insiders revealed that before developing into a lover's relationship, Xian Li and Luo Moubo knew each other's family situation, and Luo had a wife and daughter. On June 28, 2021, a few days before the incident, Luo Moubo went to the Danzhai County Education and Science Bureau to serve as the new party secretary.
Chen Moumou argued at the scene of the first-instance trial that he had worked in the county education bureau for many years, many of his relatives and friends were working in the education system, and the object of his wife's cheating was the new party secretary in the bureau, which was a very big blow to him.
The first-instance judgment found that at about 7:00 a.m. on July 2, 2021, Chen Moumou took advantage of his relatives to go out to change into camouflage clothes, put on a hat and mask for camouflage, and then carried two slaughtering knives and a folding knife to the Danzhai County Education and Science Bureau where Luo Moubo worked, found that Luo Moubo had not yet arrived at the office, and then went to the downstairs of the community where Luo Moubo lived, waiting for the opportunity to retaliate, and then waited for the opportunity because he was afraid of being discovered.
At about 8:30 on the 2nd, Chen Mou returned to the Danzhai County Education and Science Bureau and found Luo Moubo in the office, so he rushed into the office with two slaughtering knives to stab Luo Moubo, Luo Moubo ran out of the office after being stabbed, fell on the stairwell on the first and second floors and died. According to the forensic appraisal center of the Danzhai County Public Security Bureau, Luo Moubo was punctured in the heart by sharp qi, resulting in acute blood loss and death.
After committing the crime, Mr. Chen quickly fled the scene, discarding the camouflage uniform, knife, shoes and other items worn by the crime during the escape, and at about 13:00 on July 2, 2021, Mr. Chen was arrested and arrested.
Prosecutors had recommended a suspended death sentence
At the first hearing of the first instance, the prosecution issued a public prosecution opinion holding that Chen X, wearing camouflage uniforms, premeditated multiple times, and holding a murder weapon against the victim, resulting in the victim's death on the spot. Judging from the means and circumstances of the crime, it should be characterized as intentional homicide.
The prosecution argued that Mr. Chen intentionally killed someone and caused the death of one person, but there was a better attitude of leniency after the arrest. In addition, he had premeditated murders and committed murders in the workplace that brought about social panic, which was in line with discretionary heavier punishments. With regard to the issue of the victim's extramarital affair with Chen's wife, the prosecution held that the victim had made a mistake, but the fault of the extramarital affair did not lead to death. This fault is not an emergency infringement that is happening, and in this case, Chen Moumou can report and report to the discipline inspection organs and seek a legal way to punish the victims.
The prosecution believes that, through the evidentiary materials, the extramarital affair between the victim and the defendant is mutual attraction, not the use of power to occupy the subordinate wife, and the defendant's behavior has a very extreme understanding. The defendant could have resolved the matter through legal channels, but used violent means to cause the destruction of two families. The prosecution said that based on the above circumstances, it is recommended to sentence Chen X to death, but does not require immediate execution, suspend the execution for two years, and deprive him of political rights for life.
For the charges indicted by the public prosecution, Mr. Chen and his defender expressed no objection in court.
Chen Moumou argued that he and his wife did not have a son and a half daughter, and Luo Moubo destroyed his marriage, and the harm to him could not be described in words. Luo Moubo's fault is the direct cause of the case. His subjective meaning was only to teach Luo Moubo a lesson and stab him and hospitalize him, not to cause Luo Moubo to die. He pleaded guilty and repented, but pleaded with the court to give a lighter sentence.
Chen Moumou's lawyer Han Pingyu defended in court that this case was a killing of righteous indignation caused by the intensification of civil contradictions, the major faults of the victims, and there was direct responsibility for the intensification of the contradictions, which was also the direct cause of the occurrence of this case.
Han Pingyu believes that Chen XX's subjective malignancy is not deep, the personal danger is small, and the circumstances are relatively minor, and he requests the court to sentence Chen XX to 3 to 10 years of fixed-term imprisonment.
The court held that the victim was clearly at fault, and the defendant in the first instance was indefinite
The Qiandongnan Prefecture Intermediate People's Court held that Mr. Chen deliberately and illegally deprived others of their lives, causing the death of one person, and his behavior constituted the crime of intentional homicide. According to the provisions of the Criminal Law, the death penalty, life imprisonment or fixed-term imprisonment of not less than 10 years shall be imposed.
However, the improper male-female relationship between the victim and the defendant's wife is an important reason for the case, and the victim is obviously at fault and may be given a lenient punishment to the defendant. If the defendant confesses after his arrest, he may be given a lighter punishment. The defender's defense opinion that the victim is clearly at fault is established, and the court adopts it.
The defender submits that the defendant's conduct is defensive in nature and is an excessive defense opinion. The court held that the premise of excessive defense is legitimate defense, and legitimate defense according to the provisions of the Criminal Law is an act of obstruction of "ongoing unlawful infringement", which is not the case in this case, so the defense opinion cannot be established.
In addition, the defender's defense opinion that the defendant was caught and arrested with the assistance of his relatives should be deemed to have no legal basis for voluntarily surrendering, and the court did not accept it.
With regard to the defender's suggestion that this case was a killing of righteous indignation caused by the intensification of civil conflicts, the court held that the victim's behavior in this case had indeed violated morality and ethics, but the defendant Chen X, after his rights and interests were infringed, did not seek public remedies and took extreme measures to kill people, and his motive was not social justice, but personal vendetta.
Mr. Chen's behavior is both contrary to the law and contrary to social order and good customs, and should be punished by law. The defender's defense of the righteous indignation killing could not be established, and the court did not accept it.
Accordingly, in accordance with the relevant provisions of the Criminal Law, the Intermediate People's Court of Qiandongnan Prefecture convicted Chen of intentional homicide and sentenced him to life imprisonment and deprivation of political rights for life.
Han Pingyu said that for the court's first-instance judgment, Chen Moumou said in court that the sentence was too heavy, and he was not satisfied with this judgment and appealed in court.
Responsible editor: Tang Yubing Photo editor: Hu Mengxi
Proofreader: Yijia Xu