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Stealing something is not a counter-claim to sky-high prices? Is this really the case? There really is! Uncle Liu, who lived in the countryside, came to the house of two thieves to steal cattle, but they were accidentally kicked to death by the old scalper, and the family of the deceased later sued Uncle Liu and asked him to compensate 340,000 yuan.
This made Uncle Liu very angry: "Why am I stolen and want to lose money to them, it's really unreasonable." ”
The case is accepted by the local court, how will the court decide such a claim?
1. The old man is alone at home and is remembered by thieves
Uncle Liu has lived alone in this village for many years, with no wife and no children by his side, and he is alone. The only person accompanying him was an old cow who led him to plow the field every day, resting at sunrise and sunset.
Uncle Liu is an honest person, and he usually doesn't deal with other people, so he lives on his own acre and three points.
But such a lonely old man, but was targeted by two punks in the village, one of these two people is called Xiao Jia and the other is called Xiao B, they are the famous little bullies in the village, today go to the host to cause some trouble, tomorrow to the West family to make some bad ideas.
They don't have no money, they don't look for something serious to do, and they do some things to steal chickens and dogs every day, and everyone in the village avoids them.
The two had no income, so they wondered who could get something to eat to fill their stomachs. On this day, the two were lying in the field basking in the sun, and they saw Uncle Liu leading the cow to plow the land, they saw that this cow was big and strong, it must be worth a lot of money, if they stole the cow and bought it at the market, wouldn't this day be better.
Moreover, Uncle Liu lives alone, and when he is old, his ears are not good, so his legs and feet are unfavorable, and no one can help him, isn't it a piece of cake to steal something from their house. The two discussed like this, and the more they talked, the more vigorous they became, and they couldn't wait to snatch the cow immediately, and hurriedly went to the market to sell it for money.
Xiao Jia and Xiao B had bad thoughts, their brains were also bright, and they were happy to think of bad things, and they really came to Uncle Liu to see the cow. Uncle Liu was leading the farm work, and originally wanted to go home quickly, but he bumped into these two scoundrels head-on.
Originally, he was very unhappy in his heart, but he didn't want to provoke them, after all, if an old man clashed with two young people, he would definitely not be able to please.
But these two punks smiled and walked around Old Man Liu and his old scalper, and said very unceremoniously: "Old man, I see that your cow is good, it's a pity to follow you to plow the land every day, it's better to let us two brothers stew a pot of beef soup to taste." ”
When Uncle Liu heard this, he was angry and said: "You two little gangsters, just try to move my cow" "Try it, try it, you really don't do it."
Two punks walked past Uncle Liu with playful smiles, and their eyes did not forget to look at the old scalper.
Uncle Liu glared at them fiercely, ignored them again, and went home with an angry hum. After that, Uncle Liu didn't take this matter to heart, thinking that the two of them just had nothing to do, just say a couple of words, and the cow can be stolen so easily, these two people will not really have such boldness, dare to steal the cow!
2. Punks ganged up to steal cattle and accidentally died under the hooves of cattle
Uncle Liu really thought of these two punks as kind, Xiao A and Xiao B just combined this cattle stealing during the day, and they took action at night.
They didn't dare to be too blatant, in order not to let people find out, just when it was just dark, they hid under the wall of Uncle Liu's house, and waited until it was dark when everyone was asleep, and then prepared to start.
Xiao Jia was very excited at this time, and said eagerly: "This old man is old and sleeps early, let's steal the cow while it is dark, and by the way, see if there is anything else valuable, and take it together." ”
Xiao Yi was still a little hesitant and said: "You see that this cow has grown so big, and its strength must be great, if we come hard, how can we get it out, what if there is a movement, the old man wakes up and catches us both?" ”
Xiao Jia thought it also made sense, so the two decided to go home first, watching at the door these days, and then come over to steal the cow when Uncle Liu was not at home, and there was a way to take the cow out smoothly.
The two discussed that it was best to make him faint if they wanted not to let the cow toss, so Xiao A asked Xiao B to find a way to get some drugs to bring with him, so that he could use it at any time.
After thinking of a way, the two people began to take turns day and night to squat at Uncle Liu's door, and finally waited until one day Uncle Liu went out to do errands and was not at home, and the old scalper was tied to the cowshed, Xiao A Xiao B saw that the time was ripe, and immediately took the drug over the wall and entered the yard to prepare to steal the cow.
Xiao Jia poured the drug on the forage, and when the old scalper ate the forage, the effect of the drug began to appear, and when he was already shaky and unstable, the two punks began to move, pulling and dragging to take the cow away.
At this time, a calf's call in the cowshed attracted Xiao Jia's attention, Xiao Jia was overjoyed when he saw it, but he didn't expect that stealing a cow could also steal one and get one free, this must be a little guy who was just born.
Just as the so-called thief does not go empty, Xiao Jia didn't even think about it, so he picked up the calf that had just come off and wanted to take it away together.
But this old scalper is not a soft persimmon that can be bullied, and when he saw that Xiaojia was going to stop the calf, he immediately stopped working, as if he suddenly sobered up, and kicked Xiaojia towards the gangster Xiaojia who grabbed the calf.
The old scalper's kick is not light, and it is right in the chest of the gangster Xiaojia, and before Xiaojia can react, he fell to the ground in response and never got up again.
Looking at Xiao A who fell in a pool of blood, Xiao B was so frightened that he almost fainted, and he didn't care about anything else for a while, so he quickly dialed 120 and sent Xiao A to the hospital.
However, after hard first aid, the doctor told them that Xiaojia's injuries were too serious, and he unfortunately died.
3. The family sued the court for compensation, and the court judgment was fair
After confirming his death, Xiaojia's family did not adhere to Uncle Liu, believing that Uncle Liu's cow kicked and killed people and should be compensated.
Uncle Liu is really wronged, before going out, the family is still fine, this just half a day's work, the cowshed at home is also broken, the cow is also injured, and inexplicably a murder occurred.
Not only that, but the family of the deceased also asked him to compensate 340,000 yuan, what is the reason? His own house was almost stolen, and if it weren't for the old cow kicking the thief to death, now it is estimated that there is not even slag left in his family.
However, Xiaojia's family ignored this, determined that Uncle Liu was responsible, and took Uncle Liu to the local court, asking the court to sentence Uncle Liu to compensate them 340,000 yuan.
After a detailed investigation, the court found that Uncle Liu had no responsibility in the entire case, and should not be punished without compensation, so it rejected Xiaojia's family's claim for compensation.
The court rejected it on three grounds, one was that although Uncle Liu's cattle kicked Xiao Jia to death, the cause was that Xiao Jia had bad intentions and wanted to steal Uncle Liu's cattle, which infringed on other people's personal property, which was home theft.
And as a discerning adult, knowing that using a drug to stun and steal a cow indicates that the danger of stealing cattle has been anticipated.
In this case, the intentional theft was still carried out, without considering the consequences, which was a gross negligence of his own, resulting in death, and was not directly related to Uncle Liu.
Second, as the custodian of the family's livestock, Uncle Liu had tied his old cattle to the cowshed when he left home, and did not release them at will, so as not to pose a threat to society and other people or personal safety, and fulfilled his duties as a guardian.
Xiaojia's death was because he wanted to steal the calf, which caused the old cow to have an emergency self-defense response and an attack, which had nothing to do with Uncle Liu.
Third, Xiao A and Xiao B's act of stealing cattle at home has already constituted the crime of theft and should be sentenced to detention or fixed-term imprisonment according to the law, but now that Xiao A has passed away, he will not be investigated for criminal responsibility, but there is no basis for demanding that Uncle Li's claim be made.
Xiao A was kicked by a cow to his accidental death, and the law stipulates that he can not be investigated for criminal responsibility, but Xiao B still has to be punished for the crime of burglary.
Xiao Jia's death was not caused by Uncle Li releasing the cow to deliberately kick him, but because of the accident caused by Xiao Jia's own misconduct, Uncle Li not only fulfilled his obligation to raise a guardian, but also did not maliciously instruct the old cow to deliberately hurt Xiao Jia, so he did not have to bear responsibility.
epilogue
Xiao Jia died as a result of the theft, and although his family wanted to make a claim, the court ultimately rejected their claim.
Xiao Jia's death is self-defeating, he himself does not abide by the law, he should bear the consequences, not that people die is justified, can ask for compensation without scruples.
The law is the most just, it is the place where evidence is talked about and righteousness, and it is good that the law upholds justice in this case, otherwise Uncle Liu will really die unjustly.
The case is also a reminder that the consequences of violations are unpredictable and that anyone should be held accountable for their actions. We must also face up to the problem of public order and strengthen monitoring and preventive measures.
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