Wu Mou of Baoji, Shaanxi Province, because he threw a brick at his home toward the doorway, hit a person and caused his death, the consequences of littering things were very serious, and Wu Mou was sentenced to seven years in the trial...
Late at night there was a knock at the door
At about 23:00 on December 4, 2015, Wu Mou, who was sleeping, heard someone knocking on the door. In the middle of the night, it was very silent, and the huge knock on the door was particularly harsh, and Wu was suddenly awakened.
The picture has nothing to do with the case in this article
His wife Wang also woke up, and the two got up and asked many times in their own courtyard, but the other party did not answer, but kept knocking on the door. Who would it be so late? He didn't answer either, and the knock on the door was so urgent, Wu Mou planned to go out to see.
But Wang stopped her husband Wu and reminded Wu that who would knock on the door so late, if it was an acquaintance or a neighbor, why not answer? I'm afraid someone will come to the door and make trouble.
Wu Mou thought about it and felt that his wife was right, he did offend people not long ago because of things at work, should not be the other party to find the door to wait for revenge. For safety reasons, the couple did not open the door, and his wife Wang reported to the police.
Waiting for the police to deal with it after the police is a rational choice, patiently waiting for the police to arrive at the scene, it will be the truth. But Wu mou could not wait.
I don't know if it was driven by curiosity, or whether Wu was too worried about someone coming to the door to make trouble and retaliate. As the knock on the door became more and more urgent and louder, Wu went up to the roof of his bungalow and planned to check it out from the room.
Because it was too dark, Wu couldn't see the situation at the door clearly, so he asked the other party loudly again who it was, and asked the other party not to knock on the door again, but the other party still did not answer and continued to smash the door.
Wu Mou was a little impatient, so he picked up half a brick used to press the wire and threw it at the position of the gate. When I heard a knock, I couldn't hear a knock at the door.
Wu mou came down from the room and returned to the courtyard, the knock on the door was gone, but he heard a groan at the door. So Wu and his wife opened the door together to check it out.
Only then did she find a woman of about 60 years old lying in the doorway, bleeding from her mouth and moaning constantly. "Broken, hit people!" Wu immediately dialed the 120 emergency number. The police and 120 emergency personnel rushed to the scene one after another, and Wu reflected the situation to the police and accompanied the injured to the hospital for treatment.
He was sentenced to seven years in the first instance
At about 9:00 a.m. on December 5, the injured died after ineffective rescue. It has been identified as a severe head injury caused by blunt object injury and death. Casually threw a brick and smashed the person to death, And Mr. and Mrs. Wu suddenly panicked.
The deceased was none other than Guo, the mother of Li Mou, a villager in the same village. After the incident, after the coordination of the village, Wu's wife Wang reached an agreement with the deceased's son, Li, to compensate him for economic losses of 80,000 yuan, and Li also expressed understanding.
Wu mou was criminally detained by the public security organs on suspicion of causing death by negligence. After the investigation was concluded, the procuratorate also filed a public prosecution with the court on this crime.
Wu had no objection to the process of the case or the prosecution's allegations, and expressed great remorse. However, the verdict of the court of first instance was unexpected by Wu and his wife.
The court of first instance held that the prosecution charged death by negligence was not established.
Defendant Wu, when he heard someone knocking on the door, stood on the bungalow and threw bricks facing the doorway, causing the victim's head to die due to severe head injury, subjectively knowing that standing on the top of the bungalow and throwing bricks downwards would cause harm to others, but he held a laissez-faire attitude towards the occurrence of the injury results, resulting in the death of the victim, and his behavior was indirect intentional, constituting the crime of intentional injury according to law.
The change of charges has a great impact on Wu's sentencing. According to article 233 of the Criminal Law, if it is a crime of causing death by negligence, the sentencing range is fixed-term imprisonment of not less than three years but not more than seven years. Penalties may even be imposed for up to three years.
However, if it is the crime of intentional injury, wu's behavior has caused the death of Guo, and according to article 234 of the Criminal Law, whoever intentionally injures the body of another person and causes death shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. The starting point of sentencing is ten years.
However, the court of first instance found that Wu's conduct was not a crime of negligence, but an indirect intentional crime of intentional injury, and caused the death of one person, with aggravating circumstances, and should be punished within the sentencing range of more than ten years of fixed-term imprisonment, life imprisonment or death penalty.
In view of the fact that after the incident, Wu Mou knew that the public security police were rushing to the scene, instead of fleeing, he actively dialed 120 and took the initiative to explain the case to the police handling the case, which constituted voluntary surrender and could be mitigated according to law. And after the incident, active compensation and the forgiveness of the victim's family have been obtained, and the punishment may be mitigated as appropriate.
In the end, defendant Wu was convicted of intentional injury and sentenced to seven years' imprisonment.
The second-instance trial was revised in accordance with law
In the face of the first-instance judgment results, Wu and his wife Wang Mou were dumbfounded, and they were very puzzled, the investigation organs and the public prosecution organs were all found guilty of causing death by negligence, and the other party also understood, why did the court of first instance find it to be the crime of intentional injury? Wu Mou felt that he did not mean to hurt the other party at all!
Wu filed an appeal and filed a qualitative error in the first instance court's determination that it constituted the crime of intentional injury, and his conduct should constitute the crime of causing death by negligence.
In judicial practice, although there are some similarities between the crime of negligence and the crime of indirect intentionality, there are still obvious differences in terms of their behavior.
The indirect intention in the crime of intentional injury is that although the perpetrator does not actively pursue the occurrence of the injury result, subjectively, the occurrence of the injury result is laissez-faire and does not matter. Although it is not actively pursued, it is not excluded.
However, the crime of causing death by negligence means that the perpetrator should have foreseen that his or her conduct might lead to the occurrence of the death result, but did not foresee the result of the damage due to negligence, or although it was foreseen, it could be avoided by credulity.
However, whether it is the negligence of negligence or the negligence of credulity that can be avoided, the perpetrator subjectively does not want the occurrence of damage to the result, and his subjective mentality is rejected.
This is also the biggest difference between these two charges. Specific to this case, whether Wu is guilty of intentional injury or negligently causing death, the key lies in whether Wu rejects the result of Guo's death.
After careful questioning by the court of second instance, and analysis of the evidence in the case and the environment in which Wu was located at that time, the court held that when Wu heard someone knocking on the door in the early hours of the night and repeatedly asked no one to answer, he was afraid that someone would seek revenge on him, and the act of throwing bricks from the roof of his own bungalow to the gate and causing the victim's death should be negligent negligence, and his behavior constituted the crime of causing death by negligence.
Combined with the fact that before Wu threw the bricks, his wife had already called the police, and Wu also knew that the police would arrive later. According to this, it can also be concluded that the purpose of Wu Mou throwing bricks at the door is to scare the other party, but for the result of his death, it is rejected and does not want it to happen.
Wu and Guo did not have a vendetta, and at the time of the incident, Wu did not know who the knocker at the door was. Under the circumstances at that time, Wu had no reason and never hoped that there would be unprovoked bloodshed at his doorstep, or even a life case.
Therefore, the court of first instance found that Wu's crime of intentional injury was improperly characterized, and failed to accurately analyze wu's mentality towards the occurrence of Guo's death result, which should be corrected according to law. Wu's conduct constitutes the crime of causing death by negligence.
At the same time, according to the background of the crime, Wu mou was in his own courtyard, and it was late at night, after hearing the urgent knocking on the door, he could not get the other party's response, and he was afraid that others would retaliate, and in the environment again, there was fear in his heart.
Under this fear, his act of throwing bricks at his door is more out of defensive intent (although it is not a legitimate defense in the legal sense) than a harmful intention, according to which it can also be concluded that its subjective malignancy is not great.
According to the son of the deceased Guo, Li, on the day of the incident, his mother was lost (but according to Li, Guo's usual mental state was not abnormal), why Guo knocked on Wu's door in the early morning, and why did he not answer when asked by Wu and his wife, because Guo was dead and could not be determined.
It is also based on Guo's behavior that it has a certain impact on Wu's psychology, although it cannot be completely identified as the fault of the victim, but it can also be confirmed that Wu's subjective malignancy is small and the social harm is not great.
Based on the above analysis, the court of second instance finally found that Wu constituted the crime of causing death by negligence, and combined with the community impact assessment opinions, declared that the suspended sentence would not have a major adverse impact on the community in which he lived, so he was sentenced to three years' imprisonment and five years' probation.
(The characters in the text are pseudonyms, case source: Baoji Intermediate People's Court)
epilogue
Originally, the two families were complete, but because of half a brick, the mother died, and the husband was sentenced.
Although the case has come to an end, why Guo mou only knocked on the door and did not answer is still a question. If Guo makes a response, this case may be completely avoidable.
And Wu's behavior, how to evaluate it? Late at night knocking on the door, the other party does not say a word, just keep knocking, it is estimated who to change, the heart is also a little frightened, not to mention that Wu Mou was worried about being retaliated against because of offending others.
Such a psychology can be understood, but since it is reported to the police, then patiently wait for the police to deal with it, have to go to the house to check, and throw a brick, the result is tragic.
I don't know what ideas or views you have after reading it, welcome to leave a message to discuss and communicate!