In Shaoyang, Hunan, after the man found his girlfriend and another boyfriend, and even the name was false, he asked him to pay back the money, and the girlfriend paid back half of it and blacked the man. The man hacked him to death in the street and refused

In Shaoyang, Hunan, after the man found his girlfriend and another boyfriend, and even the name was false, he asked him to pay back the money, and the girlfriend paid back half of it and blacked the man. When the man hacked him to death in the street, he refused to apologize, compensate him, and asked the court to sentence him to capital punishment.

(Case source: Hunan Shaoyang Intermediate Court)

Zhang Mou, a 24-year-old man, met Li Mou, a 20-year-old woman living in Guangzhou, Guangdong Province, in Dongguan, Guangdong Province, and began to pursue a young and beautiful Li Mou.

During the period, Li and Zhang claimed that someone was looking for her to collect debts, and Zhang asked her grandfather for 23,000 yuan to give to Li to repay the debt first.

Soon after, the two established a boyfriend and girlfriend relationship.

Because of their separation, the two often quarrel over trivial matters.

After Zhang found that Li had a cohabitation boyfriend in Guangzhou, and even the name was false, he began to ask Li to pay back, and after Li blocked all of Zhang's contact information, Zhang went to Guangzhou to find Li.

Zhang mou went to Guangzhou and found that Li was taking money to open a clothing store, and it was not used to repay the money at all.

After Zhang contacted Li through multiple inquiries, Li made up 10,000 yuan to transfer to Zhang through WeChat, and the next day he blocked Zhang.

Subsequently, in order to find Li, Zhang asked him to explain clearly. He used the new phone number to apply for a new WeChat and added Li as a friend, and then pretended to be a tenant, learned that Li was in Shaodong, and made an appointment with Li to sign a rental agreement in Shaodong.

After Zhang mou came to Shaodong from Guangzhou, he thought that when he saw Li, he might have someone to help, so he spent 25 yuan to buy a kitchen knife and put it in his backpack and returned to the hotel.

After Zhang saw Li, the two sides quarreled, and Li immediately called the police for help. After the police arrived at the scene to deal with it, because there were no consequences at that time.

The police asked the two sides to mediate, and after the two signed the mediation agreement, the two sides left.

Afterwards, Zhang Mou, who was unwilling, carried a backpack with a kitchen knife hidden and went to find Li Mou again.

After the two met, an argument broke out again. The two people quarreled while walking, when walking to a supermarket, Zhang took out a kitchen knife from his backpack and slashed a knife at Li's neck, after Li was slashed, he crouched down and covered the wound with his hand, and then Zhang slashed 3 or 4 knives at Li's head, and Li fell to the ground in response.

In the process of escaping, Zhang was subdued by the masses, and after the police arrived at the scene, they arrested him and arrested him.

After the incident, Zhang admitted guilt and accepted punishment, but refused to apologize, nor was he willing to compensate, and requested the court to sentence him to capital punishment. The reason is: Li has been cheating him, but he is desperate to get money for Li to use, when the case occurred, Li said something to stimulate him, he was very angry at the time, he wanted to kill Li, and voluntarily accepted all punishments. Zhang also said that he did not know Li's real name until after the incident.

It is lamentable that although Zhang Mou "single-mindedly seeks death", his parents have broken their hearts for him, and his parents have obtained a criminal understanding letter from Li's family through financial compensation.

After identification, Li Mou met the effect of sharp instruments on the head, left shoulder back, and double upper limbs, causing multiple fissures throughout the body, causing massive bleeding and open head injury and death.

Zhang's mental state was also identified as a person with full capacity for criminal responsibility.

Subsequently, the prosecution indicted Zhang for intentional homicide and recommended that his sentence be suspended.

#Law Popularization Action#

In this case, Zhang X, due to emotional, economic and other disputes, could not be treated rationally, and killed Li with a knife, causing serious consequences of Li X's death on the spot, and his behavior met the constituent elements of the crime of intentional homicide.

The Criminal Law stipulates that a person who intentionally kills a person shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

In judicial practice, where intentional homicide results in the death of a person on the spot, priority is generally given to the application of the death penalty.

However, judging from the existing evidence in this case, the victim Li Mou also has a certain responsibility for the cause of the dispute between the two parties, so it can be considered as a discretionary lighter punishment for sentencing, combined with the economic compensation and forgiveness of Zhang's family, which can be reduced by less than 40% of the benchmark sentencing circumstances, so the court decided to sentence Zhang to life imprisonment and deprive him of political rights for life.

Why did the prosecution recommend a suspended death sentence and the court sentenced him to life in this case?

This is because, after the trial, the victim's family issued a criminal understanding, that is, Zhang mou had another very important mitigating circumstance.

In this case, Zhang Mou signed an affidavit of voluntary admission of guilt and acceptance of punishment during the investigation stage, why did the court not recognize it?

This is because Zhang Mou confessed his guilt in court and expressed his willingness to accept severe punishment, but because of his personality and resentment towards Li Mou, he still did not have any obvious remorse for his criminal behavior and serious consequences.

That is to say, Zhang X subjectively does not have an attitude of "admitting guilt and accepting punishment", so according to the relevant provisions of the "Guiding Opinions on the Application of the Plea Leniency System" of the "Two High Courts and Three Ministries", Zhang X is not given a lenient punishment.

In fact, objectively speaking, li in this case is indeed excessive, in the case of having a cohabiting boyfriend, he used Zhang's feelings for him to defraud money, which is tantamount to playing with fire, but playing with fire will burn himself!

Of course, this cannot be the reason for Zhang's crime. It should recover the loss through legal channels after recognizing the true face of Li, such as first calling the police to "be defrauded", even if it cannot be found that Li is fraudulent, it can also protect its rights through prosecution.

In short, please remember that impulse can not solve the problem, but will make the problem more difficult to solve!

Pay attention to @Juanjie view! Let's look at life and learn legal knowledge from practical cases!

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