laitimes

How terrible the crime of passion is: a 19-year-old girl in Yibin howls late at night, and her boyfriend cut off her hands and feet

author:Lawyer Wang Biao

Everyone has their own temper, but it is undeniable that it is not easy to get along with people with big tempers, people's patience is limited, but people have the ability to think independently, if they feel that they can't stand each other, they can choose to stay away, but He Yunfan in Yibin, Sichuan Province, does not do this.

In 2016, He Yunfan worked as a hairdresser in Yibin, originally his 19-year-old girlfriend Xiaomei (pseudonym) was also working in the barber shop where He Yunfan worked, mainly washing the hair of guests, but due to Xiaomei's temper, there were many disputes with customers, and at the beginning of the year, there was a big dispute with the guests, and the boss could no longer tolerate Xiaomei's behavior, thus dismissing Xiaomei.

At that time, He Yunfan and Xiaomei were in a period of hot love, Xiaomei was dismissed and then looked for He Yunfan for comfort, He Yunfan had a soft heart, and let Xiaomei live in his dormitory, but unexpectedly, the contradictions between the two increased.

How terrible the crime of passion is: a 19-year-old girl in Yibin howls late at night, and her boyfriend cut off her hands and feet

He Yunfan is six years older than Xiaomei, introverted, not good at words, and Xiaomei's personality is lively, and looks beautiful, when the temper is good, the words spoken make He Yunfan feel sweet, and this life will identify Xiaomei. But Xiaomei was not in a hurry to find a job after losing her job, and often lost her temper with He Yunfan, and He Yunfan gradually lost patience.

Speaking of which, Xiaomei's life is more bumpy, she was born in Guanyin Town, Yibin City, her parents died of a car accident when she was ten years old, after which Xiaomei lived with her grandfather and grandmother, but due to the poverty of her family, Xiaomei dropped out of school early, and after reaching the age of 18, Xiaomei came to Yibin City and wanted to seek a way out.

But the city is big, Xiaomei wants to settle down and stand is not easy, and later entered the barbershop as an apprentice, because of her young age, lack of social experience, Xiaomei can not handle the relationship with customers very well, the result was dismissed, but Xiaomei was taken in by her boyfriend He Yunfan, but she was not in a hurry to find a job, eating, wearing, living and traveling are responsible for He Yunfan, and her temper is getting worse and worse, and a little small thing can make Xiaomei hysterical.

He Yunfan's heart is more or less produced some dissatisfaction, he worked hard, the salary is not very high, but to be responsible for the lives of two people, and Xiaomei stays in the dormitory, every day is the Internet, chat, play games, the rest of what does not do, but also often lose his temper, He Yunfan feels tired, and Xiaomei reasoning, Xiaomei does not listen at all, anyway is trouble.

How terrible the crime of passion is: a 19-year-old girl in Yibin howls late at night, and her boyfriend cut off her hands and feet

He Yunfan also thought about breaking up with Xiaomei, but Xiaomei was quiet and seemed to be miserable, and He Yunfan felt unwilling and pity, so the two still lived together. However, on the evening of April 9, 2016, He Yunfan returned to the dormitory after a busy day, and he heard Xiaomei losing his temper again, complaining that He Yunfan was late in returning, not caring about her, He Yunfan's heart gradually became irritable, but still advised Xiaomei to be quiet, not to howl, it would disturb the people next door, he was tired after a hard day of hard work.

However, Xiaomei made a more fierce fuss, and He Yunfan could not bear it any longer, so he choked Xiaomei's neck and tried to make Xiaomei quiet, and when the surrounding quiet returned, Xiaomei was already out of breath. He Yunfan felt afraid again, afraid that he would go to jail, so he split the body and threw it into the Yangtze River. And after Xiaomei's family could not contact Xiaomei, He Yunfan also pretended to accompany Xiaomei's family to report the case without knowing it, helping to find Xiaomei.

On April 16 of the same year, Xiaomei's body was found.

After receiving the police, the police investigated the case, and the forensic doctor determined that the cause of death of the deceased was asphyxiation shock and his legs were cut off by sharp objects.

No matter how calm He Yunfan appeared in the face of the police, he was photographed by surveillance during the body dumping: from noon on April 11 to the early morning of April 12, He Yunfan twice took an unknown object out of the community and walked toward the Yangtze River Bridge, but when he returned, he had nothing on his hand.

How terrible the crime of passion is: a 19-year-old girl in Yibin howls late at night, and her boyfriend cut off her hands and feet

He Yunfan was eventually criminally detained on suspicion of intentional homicide. In the face of the evidence already in the hands of the police, including the police finding that the blood stains on the floor of He Yunfan's rental house belonged to the deceased Xiaomei, He Yunfan could not argue and truthfully confessed his criminal history.

According to Article 232 of the Criminal Law of the People's Republic of China, whoever intentionally kills people shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years;

In judicial practice, passionate homicide is intentional homicide with a relatively minor circumstance, which refers to unintentional homicide that does not have any intention to kill, but loses his mind under the stimulation and provocation of the victim, loses control and kills others. However, it must meet the following conditions:

First, it must be a strong emotional fluctuation of the perpetrator due to the serious fault of the victim; second, the perpetrator must be strongly stimulated mentally, temporarily lose his mind, lose or weaken his ability to identify and self-control; third, must be carried out on the spot in an angry mental state.

However, in this case, He Yunfan inflicted evil on Xiaomei in a state of passion, did not stop his behavior after Xiaomei fell into a coma, and afterwards because he was afraid of going to prison, he did not choose to surrender himself, but chose to split the body, the criminal means are very cruel, can not be identified as a less serious passion killing, can not be lightly punished, according to China's law, it is a serious intentional homicide, should be sentenced to death or life imprisonment.

How terrible the crime of passion is: a 19-year-old girl in Yibin howls late at night, and her boyfriend cut off her hands and feet

On June 30, 2017, the Yibin Intermediate People's Court rendered a judgment in the case, sentencing He Yunfan to life imprisonment and deprivation of political rights for life for intentional homicide.

Read on