"He broke into the house with a kitchen knife, and I only smashed him with steel bars, which is legitimate defense and resolutely does not lose money!" In Lincang, Yunnan, Xiao Wang beat Liu Mou, who was holding a kitchen knife and broke into his mother's dormitory, to a slight injury, and the procuratorate did not prosecute him. Liu was not reconciled, and sued Xiao Wang to the court to pursue his civil liability, claiming 51949.48 yuan.
(Source of the case: Linxiang District People's Court)
Xiao Wang's mother, Li Mou, worked in a certain unit canteen and lived in the unit dormitory at night.
Liu often called and harassed Li, and sometimes even directly broke into Li's dormitory and lay on Li's bed, lying on Li's bed.
Li, who was overwhelmed, told his son Xiao Wang and her husband Lao Wang about the incident, and also took out a photo of Liu sleeping alone in his bed for the two of them.
On the day of the incident, Xiao Wang heard that his mother was so aggrieved, and saw the arrogant Liu sleeping unscrupulously on his mother's bed, and he was immediately angry, and called Liu to his mother's dormitory to explain things clearly.
After waiting for several hours in his mother's dormitory, he did not see Liu Mou come over, and Xiao Wang left the dormitory alone.
At about 23:00 that night, Liu Mou, who was drunk, broke into Xiao Wang's mother's dormitory with a kitchen knife in his hand, and Lao Wang and him quarreled.
Soon, the two clashed, Liu held a kitchen knife to cut at Lao Wang, Lao Wang dodged, and then grabbed a 1 meter long threaded steel bar and hit Liu Mou's left face, and pushed Liu Out of the room.
At this time, Xiao Wang, who rushed back from the news, had an argument with Liu Mou, Liu Mou quarreled while calling relatives and friends to come to help, and in the process of the conflict, he took up a kitchen knife and slashed at Xiao Wang.
Xiao Wang saw the situation and hurriedly grabbed the steel bar in his father Lao Wang's hand, and danced against Liu Mou, hitting Liu Mou's back and the back of his head respectively.
Subsequently, the two sides were forcibly separated by the security guards who rushed to hear about it, and the steel bars and kitchen knives were also snatched.
After the police arrived at the scene, Xiao Wang was taken back for questioning, and Liu was sent to the hospital for medical treatment.
After judicial appraisal, Liu's injuries constituted a minor injury of the second degree, and the police filed a case for investigation on Xiao Wang's suspicion of intentional injury, and after transferring it to the procuratorate, the procuratorate considered the evidence insufficient and decided not to prosecute Xiao Wang.
Liu Mou saw that Xiao Wang who injured himself did not have to bear any responsibility, and he was unwilling in his heart, so he sued the court to pursue the civil liability of Xiao Wang's father and son, claiming 51949.48 yuan.
Liu's basis is that the reason why he went to Li's dormitory that day was that Xiao Wang called him to let himself go, Xiao Wang had the meaning of beating himself on the phone, with a kitchen knife for self-defense, and Xiao Wang's father and son belonged to each other.
And he faced two people alone, he was at a disadvantage, he was beaten into a slight injury, and Xiao Wang's father and son should compensate for their medical expenses and other losses.
Xiao Wang's father and son expressed their determination not to compensate, believing that Liu Mou, a big man of five years and three thick, still had a frightening kitchen knife in his hand, broke into his dormitory for no reason, and the father and son injured Liu Mou as a matter of course, which was legitimate defense.
Legally speaking, is the behavior of Xiao Wang's father and son legitimate defense?
Legitimate defense refers to the following conditions for the necessary acts taken to prevent oneself or others from being infringed upon or threatened by the civil rights and interests of oneself or others:
1. Infringement against a third party; 2. The infringement is occurring; 3. The infringement is unlawful; 4. The defense is carried out without the time of public power relief; 5. The wrongdoer himself is committed; 6. The defense is within the necessary limits.
Judging from the facts of this case, although Xiao Wang has called to invite Liu to come to the dormitory to explain the behavior clearly, and the tone is not good, anyone who faces his mother being bullied will be angry, and the bad tone is a normal reflection of normal people, asking Xiao Wang to maintain rational restraint and be too harsh.
Therefore, Liu Mou's view that Xiao Wang asked him to go to the dormitory was to fight, and the two sides were fighting each other was not established.
That night, Liu Mou drank and broke into Xiao Wang's mother's dormitory with a kitchen knife, and also wanted to cut Xiao Wang's father and son, although he could not cut it, but legitimate defense did not have to be premised on actual harm, as long as there was a real danger, it could be implemented.
The "Guiding Opinions on Legitimate Defense" points out that it is necessary to fully consider the state of urgency and nervousness of the defender when facing unlawful infringement, and prevent the defender from being judged by the calm, rational, objective and accurate standards under normal circumstances afterwards.
In the cognition of ordinary people, facing a drunk man with a kitchen knife will feel afraid, have reason to believe that the other party will hurt themselves, and believe that they are in real danger.
Under such circumstances, xiao Wang's father and son, in order to prevent themselves and their relatives from being injured twice, hit Liu's left cheek, back, and back of his head with steel bars, causing Liu's minor injuries, which should be regarded as legitimate defense.
Moreover, Liu's injuries were not serious, and his defensive behavior did not exceed the necessary limits
The court held that although xiao Wang's father and son's behavior caused harm to Liu, it met the constituent elements of legitimate defense and belonged to legitimate defense.
Combined with the degree, severity, means and occasion of implementation of Liu's infringement, the defense did not exceed the necessary limit, so Xiao Wang's father and son did not bear civil liability.
In the end, the court ruled to reject all of Liu's claims. The case acceptance fee is 60 yuan, which is borne by Liu.
I have to say that this Liu's behavior is really infuriating, not only harassing other people's mothers, when Xiao Wang came to ask for an explanation, not only did he not repent, but also broke into other people's dormitories to be arrogant, ready to take a knife to hurt others, and finally injured was also self-inflicted humiliation, self-inflicted, the court's judgment was legal and reasonable, and it was very gratifying!
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