In the early hours of the morning, 8 men carrying military stabs, sticks and other equipment came to the door, and after the door was opened, 8 people rushed into the room with weapons and fought with Yantai man Song Liying and his driver Wang Xiaobo, resulting in 1 death and 3 injuries. The old man, his wife and the young children are all in the house, is Song's behavior excessively defensive or legitimate? Song Liying has always insisted that his actions are legitimate defense and innocent for 5 years. After the first and second instance trials, the court held that the other party who fought with Song first provoked the incident and had a major fault in the cause of the case. The actions of Song and his drivers are to stop the ongoing unlawful infringement, which is defensive in nature, but clearly exceeds the necessary limits. Recently, the Yantai Intermediate People's Court in Shandong Province rejected Song Liying and Wang Xiaobo's request to the court to "determine special defense and change the verdict to acquittal."
Song Liying's home
<h1>Because of the problem of creditor's rights, 8 people with armies rushed into the house</h1>
Because of her work, Song Liying got to know many investors and often introduced creditor's rights buyers and investors to each other. In 2014, Song Liying was introduced as an intermediary to a certain purchase of a debt, but the process of purchasing the debt was not smooth for various reasons, during which there were many quarrels over the issue of creditor's rights.
On October 13, 2015, Yu's friend Zhang Mouhui called Song Liying and argued with Song Liying on the phone on the grounds of the transfer of creditor's rights and other issues. That night, Song Liying's driver Wang Xiaobo heard a friend talk about yu mou to find someone to "clean up" Song Liying, and he hurried to Song Liying's home to tell him the situation. Then Wang Xiaobo left, and after he went out, he was intercepted by Zhang Mouhui, Jiang Moulin, and Shen Mouyang to take him to the beach, and Wang Xiaobo took the opportunity to escape.
Wang Xiaobo then returned to Song Liying's house, and they thought that yu wanted Zhang Mouhui to smash the car, and Song Liying asked Wang Xiaobo to transfer his car elsewhere. Song Liying and Zhang Mouhui quarreled and scolded on the phone many times, during which Zhang Mouhui asked Song to go to the seashore, overpass and other places, Song did not agree, and Wang Xiaobo stayed in Song Liying's home that night.
At about 0:16 a.m. on October 14, Zhang Mouhui gathered Mou Mouqian, Shen Mouyang, Jiang Moulin, Shi Mouyang, and 8 other people with military stabs, sticks, machetes, etc. to the outside of the Song family's building in a certain community on Dayang East Street in Zhifu District, Yantai City.
<h1>After being beaten, 1 was killed and 3 wounded and was judged to be overdefended</h1>
After entering the door, Zhang Mouhui rushed towards Wang Xiaobo with an army stab, and Wang held a machete and Zhang Mouhui fought on the balcony, during which Wang Xiaobo slashed Zhang Mouhui with a machete, cut Zhang to the ground and competed for the military stab in his hand.
Song Liying and Mou Mouqian, Shen Mouyang, Shi Mouyang and others fought in the living room, Song stabbed Mou Mouqian and Shen Mouyang with a knife, Shen beat Song Liying with a stick, Shi Mouyang took a knife and slashed Song Liying's head, and then Song Liying retreated to the balcony and fought with Wang Xiaobo for the military stab in Zhang Mouhui's hand, and after Song captured the military stab, Wang Xiaobo slashed Zhang Mouhui with a machete.
About two minutes later, at about 0:18, Song's wife, Wang Xiaohui, called the police, and then she and her mother called the police several times. At about 0:20 a.m., Jiang Moulin, Shen Mouyang, Shi Mouyang and others ran away from the Song family.
Then Song Liying asked Wang Xiaobo to send him to the hospital because of his injury, and when they went to the door, they saw the injured Mou Mouqian sitting on the ground with his legs covered, and Song, Wang and others carried Mou Mouqian to the car and sent Mou to a hospital in Yantai for treatment. At about 4:00 a.m. on the same day, Song Liying and Wang Xiaobo called the police through Lu Xiaohua to voluntarily surrender.
According to the court's judgment, the court also found that during the fight, Zhang Mouhui, Mou Mouqian, Jiang Moulin, Shen Mouyang, and Song Liying were all injured. Among them, Mou Mouqian died after ineffective rescue.
On December 19, 2017, the Zhifu District People's Court of Yantai City, Shandong Province, rendered the (2016) Lu 0602 Xingchu No. 452 Criminal Incidental Civil Judgment and the Yantai Intermediate People's Court's (2018) Lu 06 Xing Zhong No. 41 Criminal Incidental Civil Judgment on June 18, 2018, both of which convicted Song Liying and Wang Xiaobo of intentional injury on the grounds of "excessive defense". During the second-instance trial, Song Liying and Wang Xiaobo were sentenced to 7 and 6 years in prison. On December 29, 2017, the Zhifu District Court rendered a first-instance judgment that Zhang Mouhui and four others were convicted of intentional injury and sentenced to prison terms ranging from 2 years and 6 months to 2 years and 9 months.
<h1>Family: The elderly and children are at home The fight back is the only option</h1>
On January 15, 2021, Song Liying's wife Wang Xiaohui took reporters to the Dayang South Street community where the incident occurred, and now the house has been rented, and there is no trace of the fight in the past. But when it comes to what happened five years ago, she still has palpitations.
"After ranging the doorbell, Song Liying asked me to open the door, and at that time our family lived with my parents, my father and son in the north bedroom, and my mother in the south bedroom. I heard a knock at the door, and after opening the door, I saw a bunch of people with knives coming in, they came in with knives and sticks, and began to beat Song Liying and Wang Xiaobo, and I saw Song Liying's head being slashed several times at the bedroom door, all of which were blood. Wang Xiaohui said that the group pushed the bedroom door, shouting "kill your whole family" and the whole family did not know what to do.
"There were two children in the family, and the elderly, and a group of people with knives broke into someone's house and cut it, and we had no idea what they were going to do." Wang Xiaohui told reporters that at that time, Song Liying let himself open the door because the other party said that he wanted to talk about things, and he did not know that so many people had come.
"At the time of the incident, my parents, my 1-year-old son, and my daughter, who was less than 6 months old, were all at home. Zhang Mouhui and others rushed in and shouted, "Kill your whole family." "Wang Xiaohui said that in the face of that situation, Song Liying's self-defense and counterattack were the only options." Families and children are exposed to danger, and even unable to protect themselves, can we only let others slaughter and leave our parents, wives and children in the water and fire? Wang Xiaohui asked sadly.
Although it has been five years since the incident, the neighbors still remember it. Song Liying's neighbor Ms. Liu recalled that their family lived in the past few years, the neighborhood relationship is very good, the child is also very polite, that night heard a bunch of people arguing, and then heard the sound of kicking the door, and then heard someone called "killed" sound, open the door to see, the security door was kicked, and then she directly helped call the police.
After the incident, every time Wang Xiaohui went to visit her husband who was serving a prison sentence, Song Liying always stressed that he was innocent and that it was his responsibility to protect his family. Wang Xiaohui said that they consulted a number of legal workers and lawyers after the family incident, and all said that as a party, Song Liying had no other choice, and it was normal to resist and fight back, and it also strengthened their determination to continue to appeal.
<h1>The complaint was rejected The act clearly exceeded the necessary limits</h1>
In January 2020, Song Liying's family submitted a complaint to the Yantai Intermediate People's Court, requesting that Song Liying's actions be found to be legitimate defense and that the verdict be changed to innocence. In July of the same year, Wang Xiaobo's family also submitted a complaint to the Yantai Intermediate People's Court. On January 7, 2021, the Intermediate People's Court of Yantai City, Shandong Province, issued a "Notice of Rejection of Appeal" to the families of Song Liying and Wang Xiaobo, respectively. In the notice, the Yantai Intermediate People's Court upheld the original judgment of Song Liying and Wang Xiaobo in the first and second instances, "convicting Song Liying and Wang Xiaobo accurately, sentencing appropriately, and trial procedures lawful."
Wang Xiaohui said that she was breastfeeding when the case occurred, and the bloody picture of the next period of time has been in her mind, feeling that she has depression, and it is her husband's persistence and the encouragement of her family that make her strong. Now she lives alone with two children, and usually does odd jobs to earn money. She told reporters that every time she heard the children ask where their father was, she was very sad. Fortunately, in normal times, there is the care of Song Liying's eldest brother Song Liguang, and the sister Song Xueyan is also running for her younger brother. Hopefully, a justice will be sought. Fan Chen, Song Liying's appeal lawyer and lawyer at Beijing Jingshi Law Firm, believes that Zhang Mouhui and 8 other people rushed into Song Liying's home after drinking, cut with a knife when they entered the door, and smashed it with a stick; at that time, "in the moment of life and death, let Song Liying and others choose to escape and hide, there is no chance; it is difficult for them to defend themselves precisely." Therefore, the behavior of Song Liying and Wang Xiaobo meets the preconditions for unlimited defense and should not be regarded as excessive defense.
On January 7, 2021, the Yantai Intermediate People's Court issued the Notice of Rejection of Appeal, rejecting the appeals of Song Liying and Wang Xiaobo, holding that their actions were indeed excessive defense and should bear criminal responsibility, "The facts identified in the original judgment are clear, the evidence is credible and sufficient, the conviction is accurate, the sentence is appropriate, the trial procedure is legal, the reasons for the appeal are not established, and the original judgment is upheld." "
The Yantai Intermediate People's Court said in the "Notice of Rejection of Appeal" that Song Liying and Wang Xiaobo knew that Zhang Mouhui and others were not good-intentioned, and had psychological expectations that the conflict between the two sides might escalate into a violent conflict, and made full defensive preparations for this.
The "Notice of Rejection of Appeal" shows that Zhang Mouhui and others entered Song Liying's home with weapons late at night, and after entering the door, Zhang Mouhui first set out to commit the infringement, and Song Liying and Wang Xiaobo resisted with a knife when their personal safety was actually threatened, which conformed to the provisions of article 20 of the Criminal Law of our country that legitimate defense should be "to stop the unlawful infringement", but combined with the causes, means, urgency and severity of the unlawful infringement, as well as the entire criminal development process, the conditions, methods, and methods for Song Liying and Wang Xiaobo to carry out defense are comprehensive. If the strength and consequences are analyzed and judged, and the two people's behavior clearly exceeds the necessary limit and causes major losses, it shall be determined that the defense is excessive in accordance with law, and bear corresponding criminal responsibility.
【Copyright Notice】This article is created by the author [Jinyun Fengsheng], exclusively published in today's headlines, without authorization, any platform may not be reproduced.