"She had an improper relationship with her brother-in-law, I couldn't stand it, and I was going to jump into the river with my brother-in-law." Zhao Xiaojun, 26, argued that he had no intention to kill.
I. Brief introduction to the main facts of the case
In August 2019, Zhao Xiaojun and Qian Xiaoling went through the marriage registration procedures, and the two had a good relationship at first, but the two had not yet had children together.
In April 2021, Zhao Xiaojun found through QQ, call records, etc. that Qian Xiaoling and her brother-in-law Sun Zhenglong had frequent contact, suspecting that the two had an improper relationship between men and women.
Zhao Xiaojun then quarreled with Qian Xiaoling many times and also informed his sister's family about the matter, but the matter was never solved well, and Qian Xiaoling even filed for divorce.
On August 10, 2021, Zhao Xiaojun's father saw him take back a watermelon knife from outside, fearing that Zhao Xiaojun would retaliate against Qian Xiaoling and Sun Zhenglong, Zhao Xiaojun's father took advantage of his inattention to hide the knife behind the TV.
On the evening of August 27, 2021, after Zhao Xiaojun failed to keep his wife again, he was in ashes, so he went out with a watermelon knife.
At about 1 a.m. the next day, Zhao Xiaojun found Sun Zhenglong in a leisure villa and threatened him with a knife to get into the car and sit in the passenger seat.
Zhao Xiaojun drove Sun Zhenglong to a bridge deck, and after the two got out of the car, Zhao Xiaojun forced Sun Zhenglong to explain clearly with Qian Xiaoling.
Sun Zhenglong admitted to maintaining an improper relationship with Qian Xiaoling, and admitted to being sorry for Zhao Xiaojun and his sister. Zhao Xiaojun then threatened Sun Zhenglong with a knife, asking him to jump off the bridge, claiming that he would also commit suicide by jumping into the river.
The two stalemated until about 4 a.m., and neither of them had the courage to jump off the bridge because of fear.
The two then climbed over the bridge deck fence and walked along the river embankment to the river beach. Zhao Xiaojun threatened Sun Zhenglong with a knife to walk towards the middle of the river, but Sun Zhenglong refused and tried to escape.
Seeing this, Zhao Xiaojun held a knife in his left hand and grabbed Sun Zhenglong's right shoulder with his right hand, continuing to force Sun Zhenglong into the river. Because Sun Zhenglong resisted, the two sides fought in the river.
Zhao Xiaojun brandished a knife and stabbed Sun Zhenglong in the right side of the waist. Sun Zhenglong fell into the river after being injured, and then was washed away by the river, and Zhao Xiaojun went ashore to leave the scene.
At about 14 pm on August 28, 2021, Zhao Xiaojun turned himself in at the police station.
On August 31, 2021, Sun Zhenglong's body was found by the public when he was floating in a certain section of the river and was called by the public.
It was determined that Sun Zhenglong was suffocated by drowning after being pierced by a sharp object in his right lung, causing a right hemothorax.
II. The focus of the dispute in this case
Zhao argued:
First, Zhao Xiaojun did not subjectively have the intention to kill, he only stabbed Sun Zhenglong with a knife, Sun Zhenglong's cause of death was drowning, and Zhao Xiaojun's behavior only constituted the crime of intentional injury;
Second, Zhao Xiaojun originally wanted to force Sun Zhenglong to commit suicide by jumping into the river on the bridge, but later voluntarily gave up, and it should be recognized as a crime suspension.
Third, Sun Zhenglong, as Zhao Xiaojun's brother-in-law, had an improper relationship with Zhao Xiaojun's wife, and he was also at fault for the initiation of the case.
3. @Lawyer Liu's rambling
Through the investigation by the police, the chat records, video materials, and house opening records between Sun Zhenglong and Qian Xiaoling can prove that there is an improper relationship between Sun Zhenglong and Qian Xiaoling.
Sun Zhenglong, as Zhao Xiaojun's brother-in-law, maintained an improper relationship with Zhao Xiaojun's wife Qian Xiaoling, not only hurting Zhao Xiaojun, but also hurting Zhao Xiaojun's sister, and this kind of damage between relatives was even greater, and Sun Zhenglong was at fault.
Because of his resentment towards Sun Zhenglong, Zhao Xiaojun first forced him to commit suicide by jumping into the river with a knife, and after failing to succeed, he forced him to go to the river with a knife, and after Sun Zhenglong resisted, Zhao Xiaojun fought with him again and stabbed Sun Zhenglong with a knife.
Zhao Xiaojun knew that the water in the river section of the incident was turbulent, and Sun Zhenglong was stabbed by him and fell in the river, and Sun Zhenglong's life was in high danger, but Zhao Xiaojun did not actively rescue him, and allowed Sun Zhenglong to drown, constituting the crime of intentional homicide.
The so-called suspension of a crime must effectively prevent the occurrence of harmful results. Although Zhao Xiaojun gave up forcing Sun Zhenglong to commit suicide by jumping into the river, he continued to threaten Sun Zhenglong with a knife to go to the river, and caused Sun Zhenglong to drown after being injured, which did not constitute a suspension of the crime.
After the case, Zhao Xiaojun voluntarily turned himself in, confessed his guilt and repented, actively compensated Sun Zhenglong's relatives and obtained understanding, plus Sun Zhenglong also had certain faults in this case, and Zhao Xiaojun could be given a lighter punishment.
In the end, the court convicted Zhao Xiaojun of intentional homicide and sentenced him to 15 years in prison and deprivation of political rights for three years.
(The characters in the text are pseudonyms, and the pictures and texts have nothing to do with them)
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@Lawyer LiuTalk
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