Zunyi, Guizhou, born in 1992, Did not study after graduating from junior high school, and later learned first-hand excavator technology. In 2020, Zhao opened an excavator for Zhou and Li, 7500 yuan a month. Who ever thought that Zhou and Li were not straight, always in arrears of wages, accumulated to 10,000 yuan, Zhao did not do it, and the two parties shot and scattered.
After that, Zhao repeatedly asked Zhou and Li for wages, and the two found various excuses not to give, and also hid from Zhao. One day in 2021, zhou and li excavators were working in a certain place, and after Zhao learned about it, he went to the site to find two people to ask for wages.
However, Zhao did not find Zhou and Li at the scene, and in desperation, he used the method of preventing the construction of the excavator to force the two to appear. Hou Zhou and Li rushed to the scene, but still did not pay the arrears of wages. As a result, the two sides clashed.
Seeing that the two insisted on not giving money, Zhao was angry, started the vehicle, and crashed into Zhou and Li. The two thought that Zhao mou was just scaring them, so they did not dodge. Wanwan did not expect that after Zhao knocked the two people down, he still refused to stop and pushed the two people into the excavator!
After appraisal, the degree of Zhou's injury was a minor injury of the second degree, and Li's injury was relatively minor, and no injury appraisal was carried out.
At present, the procuratorate has filed a public prosecution on suspicion of intentional homicide. (Source: 12309 China Procuratorial Network)
Although Zhou and Li are the victims in this case, their behavior is disgraceful.
The 7500 yuan a month said, after doing the work, but unwilling to give money, but still hiding everywhere to ask for wages of the workers, this way, can really escape the debt? If the salary is settled early, how can there be something behind?
1. Legally speaking, is Zhao's behavior intentional injury or intentional homicide?
To judge Zhao's crime, it is necessary to judge from Zhao's subjective thoughts and objective behavior.
Subjectively speaking, when Zhao drove his Chang'an brand off-road vehicle and crashed into Zhou and Li, it was difficult to determine whether Zhao wanted to hurt the other party or kill the other party.
However, after Zhao knocked down Zhou and Li, he still refused to stop and pushed the two people to crash into the excavator, which can be inferred that he had the intention to kill!
Objectively speaking, driving a car to hit people will cause an urgent danger to the victim's life, especially after Zhao knocked down two people, pushing two people to crash into the excavator, the degree of danger is enough to reach the degree of illegal deprivation of other people's lives.
According to the principle of subjective and objective consistency, Zhao's behavior constitutes intentional homicide.
Article 232 of the Criminal Code stipulates that whoever intentionally kills person shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. If the circumstances are less serious, they shall be sentenced to fixed-term imprisonment of 3-10 years.
Article 23 of the Criminal Code stipulates that if a crime has already been committed and is not successful for reasons other than the will of the criminal, it is an attempted crime.
After Zhao committed the specific act of killing Zhou and Li, due to reasons other than his will, he failed to succeed, so Zhao's behavior was an attempted intentional homicide.
3. Zhou X and Li X's arrears of wages have an impact on Zhao X's sentence.
The above is about how to convict, what crime to convict, the law strictly prohibits private retaliation, regardless of whether Zhou and Li owe Zhao wages, it is not the reason for Zhao to hurt the other party.
However, when the court is sentencing, it will make a comprehensive judgment, and Zhou and Li are in arrears in pay, which is the cause of the matter, and the two have obvious faults. The court will consider it as appropriate when sentencing.
In addition, after Zhao drove the two people and injured them, he took the initiative to call the police, confessed leniency, and according to the provisions of the "Sentencing Guidance Suggestions", the maximum sentence can be reduced by 40%.
The law stipulates that for attempted offenders, the punishment may be mitigated or mitigated in the same way as the completed offender.
In summary, although Zhao constituted the crime of intentional homicide, because he only caused zhou's minor injuries, the court would punish him as appropriate after comprehensive consideration.
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