I. Brief introduction of the case
On July 10, 2019, Sun Mou'an and Wang Moufeng divorced due to emotional discord, and the two had a son. Because of the children, although the two divorced, they have lived together since the divorce. After that, Sun Mou'an and Wang Moufeng went to work at Dali Food Factory in Liangzhuangchang Village, Zhuchengzi Town, Dehui City, and rented a bungalow opposite the food factory. Sun Mou'an and Wang Moufeng and fellow villager Wang Mou worked in the same workshop. In April 2020, Sun Mou'an took a leave of absence to go home to farm. Wang Moufeng and Wang Mou gradually developed a lover relationship.
After work on May 5, 2020, Wang Moufeng told Wang that Sun Mou'an was not at home and invited Wang to her house for dinner. The two went home to cook after buying vegetables at the supermarket, Sun Mou'an sent a video to Wang Moufeng, heard Wang Mou's voice at home, and hung up the phone unhappily. At more than 7 p.m., after Wang Moufeng and Wang Moufeng finished eating, they had sexual relations.
The more Sun Mou'an wanted to get angry at home, he took his child and drove to find Wang Moufeng. At 8 o'clock, Sun Mou'an arrived at the rental place, Wang Moufeng stood outside the house, did not want Sun Mou'an to enter the door, Sun Mou'an slapped Wang Moufeng and entered the house. Sun Mou'an and Wang Mou had an argument, took out a fruit knife from the TV cabinet, Wang smashed the beer bottle to the ground, and Sun Mou'an stabbed Wang Mou with a knife to the front neck. Wang fell on the kang, his neck was bleeding heavily, and five or six minutes later, Wu died of hemorrhagic shock.
The two panicked, Sun Mou'an proposed to clean up the scene, to the river to throw the body, Wang Moufeng forced to agree. After cleaning up the scene, Sun Mou'an informed his father that he had killed someone and sent the child to his father. At one o'clock in the morning on May 6, Sun Mou'an called the police and turned himself in.
The Changchun Municipal People's Procuratorate filed a public prosecution that Sun Mou'an should be investigated for criminal responsibility for intentional homicide if he intentionally and illegally deprived others of their lives; Wang Moufeng should be investigated for criminal responsibility for helping Sun Mou'an destroy evidence.
2. Judgment of the Court
After trial, the court held that a dispute arose between Sun Mou'an and the deceased Wang Mou over an emotional dispute, and his act of deliberately killing Wang with a sharp knife was clear and the evidence was sufficient, constituting the crime of intentional homicide. Wang Moufeng helped clean up the crime scene after Sun Mou'an killed Wang Mou'an, constituting the crime of helping to destroy evidence. Therefore, the court ruled that Sun Mou'an constituted intentional homicide and was sentenced to life imprisonment, and Wang Moufeng constituted the crime of helping to destroy evidence, and sentenced him to one year and six months in prison.
Third, Cher's statement
The law stipulates: Article 232 of the Criminal Law [Crime of Intentional Homicide] Whoever intentionally commits homicide shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years;
Article 307:[Crimes of Aiding the Destruction or Fabrication of Evidence] Whoever assists a party in destroying or fabricating evidence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Legal analysis: In the above case, Sun Mou'an's defense lawyer proposed that he was a passionate murderer and could be given a lighter punishment as appropriate. According to article 22 of the Several Opinions on the Implementation of the Criminal Policy of Blending Leniency with Severity, sudden crimes caused by the fault of the injured party or caused by righteous indignation or with defensive elements shall be punished leniently as appropriate. That is to say, passionate killing has applicable conditions. In this case, the deceased developed a lover relationship with Wang Moufeng knowing that Wang Moufeng and Sun Mou'an were divorced but still lived together, and had certain faults. However, considering that Sun Mouzhu and Wang Moufeng have divorced, the deceased's fault is very small, and it will not produce strong mental stimulation to Sun Mou'an. Therefore, the court did not adopt the "passionate killing" proposed by the defense lawyer and sentenced Sun Mou'an to life imprisonment.
Who is wrong with this lamentable tragedy? The public has its own commentary. But the most innocent people are young children and old people. The adults did not control their words and deeds, destroying the integrity and happiness of the three families! Study more laws, don't break the law, be a down-to-earth person, and do things honestly!
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