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It had been dark for a long time, and the lights were gradually extinguished. The street lamps on the street had long been lit, and Liu Tong was lying on the bed, unwilling to turn off the lights. Her husband, a seafarer, has been traveling for many years at sea, and is often home alone, not only feeling lonely at night, but also feeling a sense of fear. Liu Tong's family lives on the second floor, which is a bit low, and she doesn't feel safe every day. Every night, Liu Tong sleeps particularly unsteadily, and he will be woken up by a little movement.
Liu Tong's concern is justified, and many neighbors know that her husband is often away from home because he goes to sea. Zhao Surf, who lives in another unit, has long been worried about Liu Tong, and he knows that Liu Tong is her with a child. Maybe it's the relationship with his wife who has been divorced for more years, and Zhao Surf always wants to have some story with Liu Tong. After many days of planning, Zhao Surf is ready to go to Liu Tong's house in the middle of the night today.
In the evening, Zhao surfed and slept after dinner, and when it was almost midnight, he came out of his house and went to the open space in front of the building. Zhao Surf looked around, the lights of the entire building were turned off, and the building looked black, like a giant standing in the clearing. The lights in Liu Tong's house were also turned off, and when I looked upstairs, the windows of the lights were like the devil's mouth, reflecting a little light under the reflection of the distant street lights. Zhao surfed in front of the building for a while before turning to the back of the building, there was a drainage pipe on the wall behind the building passing next to Liu Tong's living room, with the help of which he could climb into Liu Tong's living room.
In the dead of night, Zhao climbed the drain pipe and climbed up, and soon came to the living room window of Liu Tong's house. He climbed the drain pipe with his right hand, stretched out his left hand to grab the outer edge of Liu Tong's window, and gently opened the window. Then he stepped on the hoop of the drainage pipe with his right foot, pressed his left foot against the wall outside Liu Tong's window, hooked the windowsill with his left hand, and slowly moved his body from the drainage pipe to the window. Then pull out the right hand that climbs the drainage pipe, lean into the window with the left hand, grab the window frame inside, release your right foot, and hang your body in the air against the outer wall of the window. As long as Zhao surfs a little harder, a pull-up can enter the house.
Liu Tong's son went to his grandmother's house tonight, and she couldn't sleep on the bed in the bedroom at home, so she talked to her husband for a long time. As soon as the couple finished talking to themselves, the person was excited, and he couldn't sleep. Suddenly, she heard a sound from the window of the living room, and Liu Tong was startled. She listened carefully to the movement outside, and felt that the movement was quite obvious in the living room window. She immediately jumped out of bed and hurried to the living room. When he left the bedroom, Liu Tong first went to the bathroom and carried the mop in his hand to bolster himself.
Liu Tong walked barefoot to the window of the living room, although the room was dark, but you could still see things when you looked out of the house. Liu Tong saw half a person climbing into the body outside the window, and she screamed in fright: "Ah! ”
Liu Tong raised the mop and shouted, "Who?" ”
Zhao Surf outside the window was pushing upward, and when he heard Liu Tong's scream, he stopped using force, lay on the window and sneered, saying: "I know that you are home alone, you are honest, if you call again, I will kill you."
At this time, although half of Zhao Surf's body had leaned into the window, his lower body was still suspended outdoors and could not enter the room. Liu Tong was frightened and overwhelmed, she raised the mop and stabbed it hard towards Yue Surf's head, and the wet mop head suddenly poked on Zhao Surf's face, with great power, plus the smell on the mop head was particularly choking. Zhao Surf had to throw his head back, causing him to have a backward movement in his upper body and suddenly lose his balance. At this time, Liu Tong used all the strength of his whole body, stabbed forward, Zhao Bo's two hands could no longer pick the narrow window frame, and he let out a terrifying cry: "Ah----, "Plop!" "A sound fell downstairs.
Liu Tong saw that the person had fallen downstairs, and he was so frightened that he trembled all over, and suddenly sat on the ground, unable to move. After a while, there were many footsteps and speakers downstairs, and someone said: "Kombat 120!" ”
Hearing someone outside, Liu Tong slowly calmed down, she immediately called 110 to call the police, and then, called her husband again, telling him what happened at home.
After a while, two different siren sounds were heard outside the building, and there were colored lights flashing downstairs. Someone knocked on Liu Tong's door, and when she opened it, she saw that it was two policemen standing outside.
Zhao surfer, who fell downstairs, was pulled away by ambulance, and when the police finished taking notes for Liu Tong, many relatives and neighbors also came to visit her at home. At this time, news came from the hospital that Zhao Surf fell to the cement slope at the bottom of the building due to his head touching the ground, resulting in a crushing fracture of the skull and extensive subarachnoid hemorrhage, and died due to ineffective rescue.
The next day, criminal technical investigators from the public security organs took a large number of fingerprints from the drainage pipe and the windowsill of Liu Tong's house, confirming that it was Zhao Surf. Zhao surfing tried to climb into Liu Tong's home from the drain pipe in the middle of the night, and the specific bad intentions cannot be confirmed, but it can be concluded that Zhao surfing's behavior is a crime. Although he was stabbed downstairs by Liu Tong with a mop and fell to his death, Liu Tong took self-defense measures to protect his personal rights from infringement, and it should be confirmed that Liu Tong was in legitimate defense and did not bear criminal responsibility for Zhao Surf's death.
After Zhao Surf was cremated, his parents and son believed that Liu Tong's attempt to climb into his home by hitting Zhao Surf was an act of hitting Zhao Surf without knowing the purpose of Zhao Surf's behavior. When Liu Tong carried out the striking behavior, he should have known that his behavior would cause the injury of Zhao Surf falling into the building, but he deliberately carried out the striking behavior and allowed the injury result to occur. After Zhao Surf fell from the building, Liu Tong did not take rescue measures in time, subjectively pursuing the purpose of deliberately causing damage to Zhao Surf. Although Zhao surfed the fault first, the crime should not be damned. The strike committed by Liu Tong is a tort and should be liable for compensation. He asked the court to order Liu Tong to pay Zhao Surf's death compensation, funeral expenses, and mental comfort money totaling 300,000 yuan.
After hearing, the court held that Zhao surfed climbed to the living room window of Liu Tong's house in the middle of the night in an attempt to commit illegal burglary. His illegal intrusion into Liu Tong's home has threatened Liu Tong's personal safety and property safety, and is an ongoing infringement. When Liu Tong faced the illegal infringement of his life rights and interests, he could not judge which kind of infringement Zhao Surf committed. Out of her instinct of self-defense, all measures taken to stop the continuation of the criminal act are lawful acts, and Liu Tong has the right to protect the personal safety and property of individuals from illegal infringement by means of strikes
According to the on-site investigation of the public security organ, Zhao Surf committed a typical burglary crime, although because of Zhao Surf's accidental death, it is impossible to judge whether the criminal act he wants to commit is against people or property, but the invasion of Liu Tong's house occurred in the middle of the night, Liu Tong, as a woman living alone, at a critical moment when her personal and property may be illegally violated, she hit the perpetrator with a mop, although it caused Zhao Surf to fall to death, it is also a legitimate defense. Therefore, while Liu Tong does not bear criminal liability according to law, he should also not bear civil liability according to law.
In order to protect citizens' personal safety and property from infringement, the law cannot bow to unlawful acts. Legitimate defense is the right granted to citizens by law and an important legal weapon in the fight against lawbreakers! Legitimate defence against unlawful encroachment in order to protect the State, the public interest, the person, property and other rights of oneself or others from ongoing unlawful encroachment should be promoted.
The court finally ruled that Zhao Surfer's claim against Liu Tong was dismissed.
Note: The author has been writing for a long time and has prepared more than 200 articles. This story is one of several prepared drafts based on several real-life cases a few years ago. This article is published for the first time after the revision. The names of the characters and the specific storylines in the story are fictional due to the creative needs. If the names of facts or people in the article are the same as the facts of a case or the names of the parties, it is pure coincidence.