China News Service, Shenyang, November 18 (Wang Jingwei) Fushun City Intermediate People’s Court announced on November 18 that the defendant Yu Mouyi was sentenced to four years’ imprisonment for the case of intentional injury to the defendant Yu Mouyi. , And compensate the plaintiff in the incidental civil lawsuit for economic losses of 35,000 yuan.

　　The court found that at about 2:7 on September 18, 2018, the victim Lu Moujiu went to a pedicure leisure center and knocked on the door.

Defendant Yu Mouyi rested on the pedicure bed in the pedicure room on the first floor of the pedicure leisure center and was awakened by the knock on the door.

The victim Lu Knocked on the door outside the store and said that he wanted to enter the store for foot therapy, but Yu Yi did not open the door for him.

Lv pushed the locked door outside the door and wanted to enter the store. Yu returned to the pedicure room to take out the folding sharp knife and return, and broke the folding sharp knife at the door of the living room.

At this time, the victim pushed open the door, walked through the hall and opened the screen between the hall and the living room. Yu Moouyi stabbed Lu Moou abdomen with a folding sharp knife, causing him to fall to the ground.

Cong Moumou and Wang Moumou, who were resting on the second floor, heard the voice and came to the first floor and dialed 120 and 110. Then Yu Mouyi took Lv to the Fushun Mining Bureau Hospital with the 120 ambulance and fled in the hospital. , The victim Lu died after rescue.

　　The Intermediate People’s Court of Fushun City held that at about 2 am, the victim Lu, regardless of defendant Yu’s persuasion, pushed the door of the closed pedicure room forcibly into the lobby on the first floor. Unlawful assault, stabbing the victim with a knife in the abdomen and causing the victim's death.

The defendant's behavior in Yu Yiyi was defensive, but it clearly exceeded the necessary limit, and his behavior constituted the crime of intentional injury.

The accusation charged by the public prosecution agency is established and should be supported.

Regarding the defendant's claim: the victim Lu Mou entered his home by forcibly breaking the door, which was a violent crime that seriously endangered his personal safety and constituted the crime of illegal intrusion into the house. The defendant Yu Mouyi's behavior was a legitimate defense, not an excessive defense.

After investigation, the pedicure leisure center that the victim forcibly entered was a business place, not a residence.

　　According to the third paragraph of Article 20 of the Criminal Law of the People’s Republic of China, it is not criminally responsible for taking defensive actions against ongoing assault, murder, robbery, rape, kidnapping, and other violent crimes that seriously endanger personal safety.

At the time of the incident, after the victim's request to enter the foot therapy shop was refused, he forcibly opened the door and entered the foot therapy room, which was an illegal act of infringement. However, the victim did not commit assault, murder, robbery, rape, etc. as stipulated in Article 20, paragraph 3 Kidnapping and other acts, and the victim did not carry any murder weapon.

The defendant Yu Mouyi had recognized that the victim was a customer who had gone to the foot therapy shop to consume. When the victim entered the hall, the defendant Yu Mouyi did not face serious illegal assault, but stabbed the victim with a sharp knife in the abdomen. His defensive behavior was not It is necessary to stop unlawful infringement and has caused the consequences of the death of the victim. Yu's defensive behavior obviously exceeds the necessary limit, causing serious consequences of the death of the victim. It is an excessive defense and constitutes the crime of intentional injury.

　　According to the second paragraph of Article 20 of the Criminal Law of the People’s Republic of China, the defendant voluntarily surrendered to the case after the persuasion of his relatives and confessed truthfully. Although the defense was a legitimate defense during the trial, he admitted the basic facts of the crime and constituted Surrender can be mitigated according to law.

The Fushun Intermediate People's Court made the above judgment in accordance with the law.

　　The defendant Yu Haiyi expressed his obedience to the judgment in court and did not appeal.

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