Dog biteWhen the dog owner came to the house with his relatives to “talk”, one person was killed and three others were injured。
Today, the case of shanxi changji's “doggy bite caused murder” is in court。
This year, a young man was bit by a dog and killed in a hurry, and the dog owner came to the door and said that a 60-year-old man, with a knife in his own house, had to fight back, killed his neighbour, injured three others and was charged with murderIntentional injuryI don't know。
And the senior defense attorney argued that this was caused by a violent invasion of the family homeSelf-defenceIncident, plea of innocence。
Are you trying to protect yourself or are you trying to hurt someone
According to press reports, at more than 3 p. M. On the beginning of the year, in a village in changjio, shanxi, shin hong liang's son shin woo ho went out to fetch water and was bitten by a dog attached to his neighbour's home。
The dog is a medium-sized dog, untied. In a panic, shin woo-ho dumped him and the dog died instantly。
After the news spread, the complainant's family contacted the owner of the dog for consultations. Shen has contacted kwok yonggong's sister, kwok chiung, through wei-shin voice, to try to solve the problem in private。
But when communication failed, the family called the police. The civilian police contacted the owner of the dog, zhao zhou zhou zheng, and advised her to go to the police station, but zhao zhao zhou zheng refused to cooperate。
At that point, things were off track。
At around 7 p. M., jo did not come alone, but brought his husband, guo yonggang, his brother-in-law, and his nephew, liu wei, to his house。
According to his family's memories, the other was emotional, slammed the door, smashed the window and shouted. One foot opened the gate and three entered the compound directly。
Subsequently, guo yonggang arrived and quickly entered the area of the family home. Zhao zhou zhou zhou followed him, and three members of the chen family, shin hong liang, shen zhi and shen zhi, heard a noise。
The courtyard was small, five or six people were crowded together, the situation got out of hand and the noises and the noises were mixed。
The level of confusion in the crime scene is far more intense than the description。
Neighbor jai min was the first third party to arrive at the scene. He recalled to the media that he had tried to persuade him to enter the courtyard when he heard loud noises, and that he had just entered the courtyard and saw two people standing close, pushing each other, with little clarity as to who was trying to persuade him and who did it。
“there were too many people in there, there was no way to pull them out, and i heard "breathing" later。
This testimony demonstrates that there was indeed a physical conflict between the parties and that the scene was far more chaotic than usual. It also adds credibility to the “multiple siege, critical situation” proposed by shin hong liang。
The shan daughter, shin chim, recorded a live audio recording about one minute long. On the record, zhao, zhao, zilong, and others, asked, "how can you kill our dog?"。
Shen's family replied, "you hit the door and broke in?"
While the two sides had a high level of rhetoric, none was trying to stop the fighting or exit the conflict. A few seconds before the end of the recording, there was a noise of confusion, followed by screaming。
The recording, which did not directly reciprocate the moment when the limb conflict occurred, was sufficient to show that the conflict continued to escalate under the emotional backlog and was not decreasing。
Counsel notes that the tape shows that there is a clear pre-heating process of the conflict and that no party has attempted to take the initiative to cool down or seek external mediation。
Shin hong liang claimed that he had never intended to hurt anyone. He saw his husband, wife and daughter surrounded and pushed himself in a hurry to take a fish knife from the window。
"i wanted to scare them away."
But the situation is out of control. He stabbed guo yonggang, han, zhao and guo yongg's daughters during the fighting。
Guo yong kong was stabbed in the left leg artery, hemorrhagic shock and died as a result of hospital rescue. The three others were injured, but their lives were not in danger。
After the incident, the police confirmed the murder weapon as a domestic fish knife and kept it on the kitchen window table, not in advance。
According to the family, after the incident, he did not flee, but asked his family to call 120 and 110. When the police arrived, he cooperated with the investigation and was interrogated at the scene。
The results of the hospital examination showed a fractured right-hand nose bone and numerous soft tissue injuries to the body。
In his statement, he repeatedly stated: “i just wanted them to back off, and i didn't expect anyone to die.”
This act shows in legal terms that there is no subjective evading or concealing intent and that it does not “run after doing so” as does the person who deliberately injured it。
The prosecution considered that the conduct of shin hong liang constituted intentional injury and filed a public prosecution under article 234 of the criminal code。
However, defence counsel maintains that, in a state of emergency under unlawful invasion and siege, shin hong liang, acting out of self-defense, should apply the self-defence clause and not be held criminally liable under the law。
The police have opened an investigation into the cases of zhao zhou zhou, han zhou and liu zhou wei, who are “suspected of the offence of trespassing in the home” and have dealt with separate cases。
The focus of the current debate is on whether shin hong liang is “over-defence” or not. Or is it “self-defence” or “special defence”
Is there “manifestly beyond necessary” harm? Can the conduct of the other party be considered to constitute an “ongoing wrongful act”
These questions will be clarified in the trial。
Legal experts noted that the complexity of the case and the diversity of evidence would make third-party testimony and audio-visual recordings crucial when the court determined the nature of the act。
The court will decide whether shin hong liang is too defensive. But one thing to remember:
The line of defense is the bottom line and the red line is the limit。
The case is still in judicial proceedings。
