In Alashan, Inner Mongolia, a case similar to a supernatural occurred. When the herdsman Er Mou went to visit his 3-year-old baby daughter, his wife actually opened the car door and jumped. What's going on here?
It turned out that E asked his wife to visit his daughter together, and his wife also promised to be fine. As a result, it didn't go far, and the wife changed. She said she didn't want to visit her daughter and instead strongly demanded to eat hot pot. Eun was greatly annoyed, and the two had an argument.
At the time of the incident, Mr. Er was driving in the driver's seat while his wife was sitting in the back seat. After arguing for a while, Er insisted on visiting his daughter according to the original plan, saying that he would not eat hot pot at all. After seeing Er's resolute attitude, his wife opened the car door and flew straight out.
As a result, her head landed first and her skull suffered severe damage. After Er mou found out, he immediately dialed the 120 emergency number, but his wife eventually died after ineffective rescue. The court sentenced Him to 2 years' imprisonment, suspended for 2 years, for the crime of causing death by negligence.
Er's wife's thinking is different from ordinary people, which is actually reflected in ordinary times. After Er Mou married his wife, the burden of earning money to support the family and handling family affairs fell on his head, which was the role of being both a father and a mother. #Inner Mongolia # #Alxa#
The wife seemed to be a guest, indifferent to the affairs of the family. Delicious and lazy, no matter what the child does not say, he actually borrowed 270,000 yuan of debt from others. Mr. Er worked hard outside, and by the time of the case, he had made up 120,000 holes for his wife.
Why did the court find that Mr. Er constituted the crime of causing death by negligence? Death by negligence means that the perpetrator should have anticipated that the death of another person could have been foreseen by negligence, or had foreseen the possible death of another person, but could have been avoided because of credulity.
Article 233 of the Criminal Law stipulates that whoever commits the crime of causing death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Apparently, the Court held that although it constituted negligence, the circumstances were less serious.
In this case, should Mr. Er have anticipated or had already anticipated and credulously believed that he could avoid the death of his wife? Brother Gang felt that it was debatable.
First of all, it is necessary to judge in combination with the cognition of ordinary people. Under normal circumstances, if the couple quarrels in the driving car over whether to eat hot pot or not, will the wife jump out of the car? If this is more likely, then there is a basis for suspected negligence causing death.
Secondly, judging from the situation at the time of the crime, whether E could detect that his wife might jump out of the car. Because there is no prelude or sign that the wife jumps out of the car, unless she warns Er mou to jump the car or Er mou sees her pull open the car door, but does not take braking measures, still continue to move forward.
Third, did Mr. Er instigate or insult his wife, causing him to jump out of the car because he could not bear it? If Mr. E yells at his wife such irritating words as "how do you not die" or "you can jump out of the car, how not to jump", or if the wife has hinted that she will jump out of the car, he speaks to him in a sneering or mocking tone, which can also be determined to constitute negligence.
Finally, as a person with full capacity for civil conduct, E's wife should have a clear understanding of what will happen after jumping out of the car, and she herself has major faults. I would rather eat hot pot than go to see my daughter, and such a mother is rare.
This is truly puzzling. Even if Er Mou does not agree to eat hot pot, his wife will not jump out of the car. When it was generally unreasonable, some people suspected that the place they passed was not clean, and attributed the matter to ghosts and gods. From a scientific point of view, this claim is certainly untenable.
Of course, the benevolent see the benevolent, and the wise see the wise. For the same thing, different perspectives, different experiences and cognitions, different conclusions may be drawn. The court's judgment is naturally recognized by the court, and it is not necessarily unreasonable. What do you think about this?
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