Because of a momentary impulse and a stinky mouth, Xu Qiang, a man in Baishan City, Jilin Province, repented of his intestines, and he ran into a big disaster.
Knowing that there were such serious consequences, he would rather be injured and maimed by the security guards of the community than do such a thing.
Unfortunately, there is no medicine for regret.
01
Xu Qiang, male, 38 years old, university culture, a native of Fusong County, Baishan City, Jilin Province, lives in a community in Wujiang District, Suzhou City.
Xu Qiang worked as a sales director in a company in Suzhou.
On the evening of June 24, 2021, Xu Qiang's company organized a dinner party for sales department personnel at a certain Hui Hotel in Suzhou Bay Water Show World in Wujiang District.
June 25th, is the Dragon Boat Festival, a day off.
As a sales director, Xu Qiang naturally should not be absent from the liquor bureau, and the meal opened around 7 p.m., and more than a dozen people participated.
During the banquet, Xu Qiang was still quite restrained, he drank three glasses of red wine, and this glass was specially used to drink red wine, this wine, probably three or four two.
Drink until after 10 o'clock. Someone proposed to go to KTV to sing together, Xu Qiang did not go, he thought of going home early to rest, recently work is more tired.
For the Northeast Hanzi, these three glasses of red wine had no effect on Xu Qiang at all, and he was completely sober and not drunk.
When he left for home, he did something big and wrong—he drove home. You can't drive after drinking.
Xu Qiang drove a white Cadillac sedan.
(Image from the network is not related to this article)
02
At about 10:20 p.m. that night, Xu Qiang drove alone to the north gate of the Olin Qinghua Third District Commercial District and was stopped by the security guard at the door. The parking space in the business district is full, and only one car can be entered.
While waiting in line, Xu Qiang saw a car wanting to enter from the exit place, Xu Qiang thought that someone was familiar with the security guard, and he was a little dissatisfied with the queue.
He rolled down the window and yelled at the security guard.
I'm a homeowner, an apartment owner, a shop owner, why the are you stopping me from letting me in?
"Keep your mouth clean." The security guard said.
"I'm talking like that, why?"
"Fuck you fucking X," the security guard scolded back.
This security guard, Li Mou, now 32 years old, is a father with three children.
The driver who wanted to enter the parking lot from the exit saw Xu Qiang scolding the security guard and turned back and retreated.
This side of the road gate opened, it was Xu Qiang's turn to enter the field, and he drove in.
After entering the parking lot, he drove from north to south, and drove until the end without finding a parking space. Xu Qiang's heart was on fire, and he had to drive the car out.
To the exit of the vehicle, the gate was automatically lifted, but there was no response. Xu Qiang felt that the security guard deliberately did not open the gate for him.
Xu Qiang asked the security guard, "Who did you just scold?" ”
"I'll scold you." The security guard said.
Oops, still dare to be hard with Lao Tzu, Xu Qiang's anger came up, plus he drank some wine. He got out of the car and rushed into the security booth, facing the security guard's legs with two feet.
The security guard did not fight back, but pushed him out of the post, and then used the walkie-talkie to shout "Someone is making trouble, everyone hurry up."
Xu Qiang heard this security guard shouting, he couldn't go out again, so he got in the car and turned around and went back to the parking lot to find a parking space, he thought, park the car and hurry home.
Xu Qiang looked around the parking lot again, but still did not find a parking space. So he drove out again.
Driving to the door of a certain supermarket, Xu Qiang was stopped by four security guards, two of whom were chased by electric vehicles.
After they got out of the car, they stopped the electric car in front of the right front of Xu Qiang's car, and the security guard Li Mou, who had just clashed with him, stood in front of his front of the car, and two security guards stood in the main driver's position.
They asked Xu Qiang to get out of the car.
One of the short security guards reached out and pulled the car door from the main driver's window to pull Xu Qiang out of the car, but Xu Qiang couldn't get down, and the security guard also punched him three times, hitting his left temple, left eye socket and left mouth.
After that, the security guard reached in to pull out his car keys, Xu Qiang bit into his right forearm, and the security guard retracted his hand.
Xu Qiang wanted to drive away, but the electric car was parked in front of the car, Li was still standing in front of the car, at this time Xu Qiangkong stepped on the accelerator, the throttle "bang", the sound was very loud, he wanted to scare the front of the car away from the security guard, and as a result, this Li mou did not move.
Xu Qiang hung up the forward gear, and shook forward twice, each time, the security guard stepped back a little, but still refused to let go, Li also kept pointing his finger at Xu Qiang to get him out of the car.
Xu Qiang accelerated forward for the third time, and Li pounced on the cover of the car, and the electric car in front of the car was overturned.
Xu Qiang just wanted to leave the parking lot quickly. There were so many of them that he was a little afraid of being beaten and pestered.
So he just ran north.
This security guard Li Mou was lying on the front windshield of the car facing him, clutching two wipers with his hands deadly, and there were security guards chasing after the car.
At the exit of the parking lot, Xu Qiang stopped the car. He got out of the car and walked to the front of the car, kicked the security guard in the leg, grabbed his right arm with his right hand, and grabbed his back with his left hand and dragged him off the car.
After Li was dragged down, he hugged Xu Qiang and shouted to the security guard behind him: "Hurry up."
Xu Qiang struggled to break free and fell to the ground with the security guard, with bruises on his body. Li did not let go, Xu Qiang inserted his right index finger and middle finger into Li's nostrils, and the pain forced Li to let go.
Xu Qiang quickly ran back to the car, stepped on the accelerator and prepared to rush out, but the security guard "teng" got up from the ground and fell on the front windshield of the car.
"You're looking for death!" Xu Qiang scolded.
Behind them, several other security guards looked like they were about to chase after them.
Xu Qiang thought of running quickly, and it was not cost-effective to be caught, he could not do four people.
Xu Qiang immediately drove out, and Li Mou's head on the cover of the car hit the barrier hard, knocking the barrier out of shape.
Xu Qiang turned right into Kaiping Road, drove west to east along Kaiping Road, and drove a distance of about 50 meters before reaching the intersection of Kaiping Road and Zhongshan South Road.
Going straight is a red light. Xu Qiang turned right into Zhongshan South Road to drive north to south, driving along Zhongshan South Road for about 30 meters, he suddenly increased his speed, and then slammed on the brakes, and the security guard was thrown to the ground in front of the right side of the car.
Xu Qiang then hit the steering wheel to the left, went around from Li Mou's side, and ran away with a cigarette.
This Li fell to the ground and lay between one or two lanes on the right side, not moving.
At 22:34, only 45 seconds after Li was thrown out of the car, he was crushed by a black net car driven by Ren.
Because it had rained that night, the road surface was a bit reflective, and the driver of the black car did not know what was pressed, mistakenly thinking that the tire was pressed, he did not get out of the car to check, and directly drove the car away.
Unfortunately, Li was crushed to death.
03
After Xu Qiang dropped the security guard off the car, he continued to drive along Zhongshan South Road for about 200 meters, because the wiper was caught by the security guard, he got out of the car and flattened the wiper.
He drove to the Olin Tsinghua bus hub station to park the car, and then took a taxi to the home of his friend Gao mou in Wuzhong District.
When he arrived at Gao's house, Xu Qiang lay down when he saw the bed, and he said to his friend that he was very tired, and he also said some things like "what to do if he died later", and his friend felt surprised.
Xu Qiang also said that he was going to the hotel to open a room to sleep, and Gao kept him.
Gao mou found that he had abrasions on his legs and face, and asked him how these injuries came from, xu Qiang said that he fell. Gao took cotton swabs and alcohol from home to disinfect him.
After that, Xu Qiang lay on the bed, snoring and thundering.
At about 5:00 a.m. on the 25th, the doorbell rang, the police chased after the door, and Xu Qiang was handcuffed and taken away by the police.
After identification, Li Mou suffered from a huge blunt external force that caused the rupture of the thoracic aorta and died of blood loss.
The concentration of ethanol in Xu Qiang's blood is 77mg/100ml.
04
He was criminally detained by the public security authorities on June 26, 2020, on suspicion of intentional injury, and arrested on July 10, 2020.
On January 26, 2021, the Suzhou Municipal People's Procuratorate filed a public indictment with the Suzhou Intermediate People's Court for Xu Qiang's intentional homicide.
The Prosecution Organ held that:
After the defendant Xu Qiang threw the victim Li Mou to the highway, he knew that failure to perform the rescue obligation arising from the act might lead to the harmful consequences of the death of the victim Li, but still allowed the harmful consequences to occur, and eventually led to the death of the victim.
Xu Qiang's conduct violates the provisions of Article 232 of the Criminal Law of the People's Republic of China and shall be investigated for criminal responsibility for intentional homicide.
defender:
He did not object to the charge of intentional homicide and the facts of the crime, and proposed that this case was a crime of passion, xu Qiang had the statutory lenient punishment circumstances of confession and admission of guilt and acceptance of punishment, and had compensated the victim's family for economic losses and obtained forgiveness, and recommended that he be given a lighter punishment.
Xu Qiang's family compensated the victim's family for RMB730,000 on his behalf, and compensated other units and individuals who suffered property damage as a result of the incident for relevant economic losses, and the victim's family and relevant units and individuals all gave forgiveness to defendant Xu Qiang.
The court review held that:
Defendant Xu Qiang's act of driving the victim to the highway was intentional.
When it discovers and knows that the victim was injured and fell on the motor vehicle lane of the traffic artery in the middle of the night and could not move, there is a high risk of being crushed to death by subsequent passing vehicles, and he should have the ability to perform the legal obligations of rescue and alarm but not perform.
In the absence of any protective measures, the victim's safety and self-driving escape are subjectively a form of indirect intentional guilt that allows the harmful results to occur.
Objectively speaking, it is precisely his omission that causes the victim to be crushed to death by a subsequent vehicle, and there is a causal relationship in criminal law between his omission and the death result of the victim, which meets the constituent elements of the crime of intentional homicide.
On March 31, 2021, the court rendered a judgment:
Defendant Xu Qiang committed intentional homicide and was sentenced to 11 years' imprisonment and deprivation of political rights for three years.
Conclusion
Waiting to enter the parking lot, very small things, both parties involved disregard the danger, do not know how to tolerate and emotional control, so that serious consequences, both sides pay a heavy price, people sigh.
Xu Qiang was wrong first, there was discrimination and insult to the security guards, and the security guards were stimulated to have a strong desire to maintain their own dignity, so they called their colleagues to intercept them, theory, and lay on the hood of the car.
The security guards were fighting with their lives.
After being hit by a car several times, they did not know how to give way to the god of death, and the security guards took their lives and physical health as a bet, leaving their parents, wives and children aside, and did not know their responsibilities.
The 35-year-old man, the father of 3 children, is the pillar of the family, he can't die.
Xu Qiang pulled him out of the car, and he pounced on the head cover of the car again, wanting to hug death. This security guard has a great fault in the subsequent handling of disputes.
On the mainland, the number of security guards is huge, standing at our doorstep, it is the security guards who control access, and each of our lives cannot avoid them, they are deeply wedged into our lives.
If you encounter a high quality, you will be blessed, and if you encounter a poor quality, you will spend money to invite an evil god. Many security guards present themselves as managers without recognizing their service provider identity.
Everyone needs the warm service of security guards, and security guards need to fight for decency and dignity, and friction is everywhere.
Regarding Xu Qiang's crime, he was biased toward causing death by negligence, and did not dare to agree with the characterization of intentional homicide. The penalties vary widely depending on the charges.
In the parking lot, Xu Qiang was anxious to get rid of the entanglement, he drove the car twice to hit Li, let Li let go, but when Xu Qiang hit the car for the third time, Li fell on the front cover of the car for the first time.
To the exit of the parking lot, Xu Qiang got out of the car to pull Li off the hood, he wanted to go out, he was afraid of being beaten and entangled by the crowd of security guards, he drove away, Li li for the second time on the hood.
This Li Mou, provocative to death, has the taste of throwing the pot with his own life and touching porcelain.
Xu Qiang had a premonition of Li's danger, he subjectively had no intention of hurting or killing people, and really should not be convicted of intentional homicide.
The loss was 730,000 yuan, the sentence was 11 years, and the court's sentence to Xu Qiang was heavy enough.
I don't know if Xu Qiang appealed after the first instance, but if he changes others, he will definitely work hard to win it.
The lesson of this case is too heavy, the danger is everywhere, always remember, endure the calm of the wind and waves, take a step back from the sea and the sky.
Cherish peace, cherish life, and stay away from uncertain dangers.
—Ends—
Case source: Judgment Documents Network