In Weifang, Shandong, the man Du went home and found that his wife was secretly having an affair with another man, Wang, and Du punched and kicked Wang, causing Wang to be slightly injured in the second degree, and the court sentenced him to intentional injury

In Weifang, Shandong, the man Du mou returned home and found that his wife was secretly having an affair with another man, Wang Mou, And Du punched and kicked Wang Mou, causing Wang Mou to be slightly injured in the second degree, and the court sentenced Du to one year in prison for intentional injury. (Source: Zebra Watch)

Du's wife is also bold enough, stealing love and bringing her lover back to her home, did not expect that her husband returned home in advance, and her adulterous affair was discovered by her husband and caught in adultery. When the two men met, their eyes were extremely red, the husband injured his lover, the lover was injured, the husband was imprisoned, I don't know how this secretive lady felt. Let's talk in more detail about the legal issues in this case.

1. The victim, Wang Mou, was at a major fault.

The victim, Wang X, knew that Du's wife was a married woman, openly cheated with Du's wife, and also went to Du's home and had an improper relationship. First of all, this kind of behavior is unethical and despised. Secondly, it is also an illegal act, which destroys the husband and wife relationship between Wang and Du, and their behavior has a major fault for the occurrence of the case. I believe that any man who sees this situation will not be indifferent.

2. Can Du justify his defense when he finds out that his wife is stealing affection?

According to the law, legitimate defense refers to the act of stopping the wrongful infringement against the perpetrator of the wrongful infringement, and the act taken to stop the wrongful infringement and cause damage to the wrongful infringer is legitimate defense and does not bear criminal responsibility. Although the victim Wang's behavior was seriously wrong, in this case, Wang did not directly cause unlawful infringement to Du's person, did not threaten Wang's personal safety and property safety, and Du did not have legitimate defense conditions. Therefore, after Du found out that Wang Mou and his wife were cheating on each other, he could not carry out legitimate defense against him.

3. Du's conduct constitutes the crime of intentional injury.

When Du returned home, he found that his wife and Wang had an affair, and punched and kicked Wang, causing the consequences of minor injuries of the second degree. According to the provisions of the Criminal Law, a person who intentionally injures the body of another person and causes minor injury to another person constitutes the crime of intentional injury. Du's conduct meets the constituent elements of the crime of intentional injury in the criminal law, so it constitutes the crime of intentional injury. Intentional injury causing minor injury shall be sentenced to fixed-term imprisonment of not more than three years, public surveillance or criminal detention.

4. What factors should be considered in sentencing Du?

Du's conduct constitutes the crime of intentional injury. However, because of the occurrence of this case, the victim had a major fault, knowing that Du's wife was a married wife, and cheating with Du's wife, which played a very important role in triggering the case. Therefore, this major fault should be regarded as an important consideration in the sentencing of the case. Eventually, the court sentenced him to one year in prison for intentional injury. If civil compensation, in the case of gross fault on the part of the victim, appears to be excessively sentenced to one year in prison, a suspended sentence may be considered if conditions permit.

If you encounter a similar situation, what are the more rational ways to solve it, welcome to leave a message to discuss.