Investigation on the death of a woman in Dezhou, Shandong by her husband’s abuse
The victim was malnourished and died from extensive soft tissue contusions; the husband and in-laws were sentenced to two to three years in prison in the first instance; the Texas Intermediate Court sent back for retrial
Hungry, be beaten by a wooden stick, stand outside the house in winter, and not be able to contact relatives...In just over two years after marriage, Fang Yangyang, a woman from Dezhou in Shandong, was thin to malnourished from 160 kg at the time of marriage and suffered extensive injuries .
The court found that her husband and in-laws repeatedly beat and tortured her.
On January 31, 2019, Fang Yangyang died after being beaten and starved again at the age of 22.
Compared with his peers, Fang Yangyang has delayed mental development and has not been able to give birth after marriage.
Mother-in-law Liu Lanying said that in order to marry Fang Yangyang, the family ran out of wealth, "the whole family is very angry about not being able to get pregnant."
On January 22 this year, the People's Court of Yucheng City, Shandong made a first-instance judgment on this case.
Fang Yangyang’s husband and in-laws were sentenced to two to three years’ imprisonment for abuse, and Zhang Bing’s husband, Zhang Bing, was given a suspended sentence.
On November 17, Fang Yangyang's husband's door was closed.
This judgment caused a "too minor" dispute. On February 19, the Dezhou Intermediate People's Court revoked the original judgment and sent the case back for retrial.
The case will reopen on November 27.
A relative of Fang Yangyang told a reporter from the Beijing News that a living life was tortured to death. “Her in-laws and husbands should be punished and the victims should be treated fairly.”
Cowardly, a little "dumb" bride
Starting from Dezhou East Railway Station, driving for nearly 60 kilometers, passing the highway under repair and many unknown country roads, Fangzhuang Village comes into view.
The villages are generally bungalows with corn piled on both sides of the road.
Fang Yangyang's family was right by the road, and a low red brick wall surrounded the red gate.
Apart from the air conditioner in the bedroom and the fan in the outer hall, there are no other electrical appliances in the house. There are dozens of sacks of wheat in the room upon entering.
Fang Yangyang's mother, Yang Lan, sat blankly on the stool.
She can't take care of herself, and needs nearby relatives to deliver food every day.
"When she knew her child died, she didn't shed a tear." Fang Yangyang's cousin Xie Shulei said.
A civil ruling obtained by a reporter from the Beijing News showed that Yang Lan suffered from mild mental retardation and was a person with limited capacity for civil conduct.
Many years ago, she was taken back from the train station by villagers in Fangzhuang Village. She was “unconscious, sluggish, unable to understand and express her will correctly, so her origin could not be confirmed.” Later, she married Fang Yangyang's father.
Xie Shulei said that Fang Yangyang's father only married his wife at the age of 45, and he was married for less than two years. Fang Yangyang was born on January 12, 1997.
Until the death of Fang's father in 2018, there were no other children in the family.
Fang Yangyang's friend Chen Jie (pseudonym) in the village before marriage said that Fang is very beautiful, with white skin, big eyes, double eyelids, and long and thin hands.
Fang Yangyang’s father came to have a daughter, so he felt very sorry for Fang Yangyang, "He has never treated his children in terms of food. Her dad would often go to the village canteen to buy snacks, apples, oranges, and melon seeds."
However, perhaps it was inherited from his mother. Compared with his peers, Fang Yangyang's intellectual development appeared to be slower.
Xie Shulei said that Fang Yangyang's reaction was not so flexible and his mind was relatively dumb, "but she can understand the truth." A neighbor also said that Fang Yangyang was not very smart, sometimes his eyes would be straight and his reaction was a little slow.
Fang Yangyang dropped out of the second grade of primary school.
Chen Jie said that Fang Yangyang's intelligence and energy couldn't keep up, and he was distracted in class and had many small movements.
The neighbor mentioned above also said that she had heard that Fang Yangyang was the last one in the class.
After dropping out of school, Fang Yangyang helped his parents with farm work at home, and would dance square dances with the village women in summer.
"The child is very honest and lively, and his popularity is good. He has a good temper and will not swear. Everyone knows what to call when he meets them. He will not be called the wrong grade." Chen Jie said.
In the impression of the villagers, Fang Yangyang is a timid girl.
Uncle Fang Zhong (a pseudonym) recalled that Fang Yangyang “would cry when someone killed a sparrow with a slingshot.” Chen Jie also said that Fang Yangyang would usually only walk on the small roads in the village because he was timid and not even the village. Dare to come out.
Soon, Fang Yangyang reached the age to discuss marriage.
Chen Jie heard that someone had come to propose marriage before, but Fang's father wanted to find a son-in-law as a parent. The man was unwilling, and the two did not meet.
By 2016, Fang Yangyang was 19 years old. This summer, people who often came to Fangzhuang Village to harvest food served as a matchmaker for Fang Yangyang.
The man is Zhang Bing from Zhangzhuang Village, about 10 kilometers west of Fangzhuang Village, and is 6 years older than Fang Yangyang.
A neighbor of the Zhang family said that the Zhang family is relatively poor, and Zhang Bing has only graduated from junior high school, and it is difficult to seek a wife.
Another cousin of Fang Yangyang, Xie Shuqing (pseudonym), remembers that Zhang Bing was about 1.72 meters tall, with very dark skin, and "looking ugly."
This is not a satisfactory marriage partner.
But Xie Shulei said that the Fang family’s economic conditions were also very poor. Fang’s father was old and in poor health, and the land was not good enough. The family only had more than two acres of land, and the annual savings were only about 4,000 yuan. The kind of poverty".
Fang's father is not even willing to buy a mobile phone, "to be too frugal and a bit stingy." Moreover, families like Fang Yangyang with mentally abnormal parents can hardly find a husband's house in the countryside.
For this reason, the Fang family chose Zhang Bing as their son-in-law.
"If this were not the case, I think I would definitely not find him."
Half a year later, on the 18th of November in 2016, Fang Yangyang, who was about 20 years old, got married.
Fang Yangyang’s relatives and Chen Jie recalled that Fang Yangyang wore a white wedding dress and put on makeup when he got married, "all very happy."
Fang Yangyang is 1.76 meters tall and weighs 160 kilograms. "Because Zhang Bing is thin, Fang Yangyang can't move his back."
Unhappy married life
After marriage, Fang Yangyang left his hometown where he had lived for nearly 20 years and came to Zhangzhuang Village, Zhangzhuang Town, where Zhang Bing's family is located.
The economic situation here is better than that of Fangzhuang Village. The main road is open and there are many supermarkets, supply and marketing cooperatives, and wholesale departments along the road.
Many people in the village have built two-story small buildings.
However, the Zhang family has only one-story bungalows, a total of three, one of which is used to operate a children's clothing store.
The red paint on the exterior wall of the house peeled off, revealing mottled white tiles.
The Beijing News reporter saw that the store door has been locked, and a thick layer of ash has fallen on the lock.
Illuminated with a flashlight, you can see four side-by-side glass shelves on the right. Some toys such as white electric cars and pink children's wooden horses are all very old.
There is a white shabby sticker sign left outside the shop, and the word "children's clothing" can be vaguely recognized.
Liang Jun (pseudonym), the owner of a nearby grocery store, said that the children’s clothing store was not doing well. When Fang Yangyang got married, the store mainly cleared the inventory. The income was dependent on Zhang Bing and his father Zhang Jilin working outside. He heard that Zhang Bing was still working. Decoration work.
In order to marry Zhang Bing a wife, the Zhang family spent all their savings.
According to the first-instance verdict, Zhang Bing’s father, Zhang Jilin, confessed that he spent a total of about 130,000 yuan before and after he married Fang Yangyang, of which about 100,000 yuan was borrowed.
On November 18, Zhang Bing's home was located in the street of Zhangzhuang Village.
A relative of Zhang’s family also told the Beijing News reporter that Zhang Bing’s family was poor. Before marrying Fang Yangyang, the matchmaker had talked about several girls, but every mention of the lottery gift was bad.
The woman's conditions are very high. At least she needs to buy a house and a car in Yucheng and Jinan, so Zhang Bing dragged on until she was 26 and was not married.
However, Fang Yangyang's family didn't mention buying a house or a car, but the bride price was much more, so Zhang Jilin lent money to the bride price.
In the village, the Zhang family has a poor reputation.
Liang Jun said that Zhang's family has very little relationship, especially Zhang Jilin. He is a very grumpy person and loves to drink. "You can tell him that you are very grumpy when you talk to him."
Liang Jun heard that Zhang Jilin was not good to his own old people.
Zhang Bing used to come to Liang Jun’s shop to buy things, “This man is neither introverted nor extroverted, and his personality is good. Before the accident, I had never heard of him beating his wife.”
Fang Yangyang and Zhang Bing are not happy after their marriage.
The Zhang family discovered Fang Yangyang's intellectual problems.
According to the verdict of the first instance, her mother-in-law Liu Lanying confessed that at first her family did not know that Fang Yangyang was in a bad state of mind. “Later, it was discovered that she was behaving abnormally, and that she had a mental illness.” She said that when Fang Yangyang fell ill, she “don’t beat or scold. People don’t drop things, they just talk to themselves and nag."
Soon after the marriage, the Zhang family regretted the marriage.
According to the judgment of the first instance, Xie Shulei stated that Fang Yangyang and Zhang Bing returned to their natal family to visit relatives on the twenty-sixth of the twelfth month of 2017. "I heard that Zhang Bing wanted to get a betrothal gift for divorce because of Fang Yangyang’s intellectual problems." They were rejected by Fang’s father and Zhang Bing drank. After getting drunk, he "argued with his father".
Fang Yangyang’s uncle Fang Zhong listened to his neighbors. The neighbors saw that Zhang Bing hit Fang Yangyang at the door of Fang’s house during this visit. The reason was that “Fang Yangyang didn’t wear new clothes.” But he waited until Fang Zhong heard the news. At Fang's house, Zhang Bing had already left.
Although the two are very close, Liang Jun rarely sees Fang Yangyang going out. He has only seen Fang Yangyang twice, "I can see that there is a mental problem, and I'm a bit dazed."
Liang Jun guessed that because of Fang Yangyang’s intellectual problems, Zhang’s family might be under ideological pressure, “I always felt ashamed of meeting the neighbors in the neighbourhood, and later closed Fang Yangyang and prevented her from coming out.”
A relative of the Zhang family also said that the family was poor and married a daughter-in-law who had intellectual problems. Zhang Bing’s family “has relatively low self-esteem and rarely interacts with relatives and neighborhoods”.
Mother-in-law Liu Lanying didn't like Fang Yangyang either.
Chen Jie said that Fang Yangyang told her after the marriage, and her mother-in-law Liu Lanying said that after having a child, Fang Yangyang would not be allowed to take care of Fang Yangyang, nor would Fang Yangyang be allowed to breastfeed, because she was afraid that her brain might have a problem and feed the child's brain badly.
In the description of Zhang's family, Fang Yangyang is not a diligent wife and daughter-in-law.
According to the judgment of the first instance, Zhang Bing confessed that he basically worked outside the first half of 2018, and heard his mother say that Fang was lazy and could not work.
After returning home, I also saw Fang Yangyang not working and still unable to support.
Liu Lanying also repeatedly mentioned the plot of Fang Yangyang not doing work and "sitting still".
In this regard, Xie Shulei said that when she was in her natal family, the family was reluctant to let Fang Yangyang work. “The daughter-in-law married there for pain, not for work.” In his opinion, Zhang’s family said Fang Yang was lazy, “Yes. Is making excuses for my crimes."
Fang Yangyang was a child.
Photo courtesy of respondents
Increasing domestic violence
After marriage, Fang Yangyang has not been pregnant.
According to the confession of the father-in-law Zhang Jilin, although Fang Yangyang was found to be abnormal after the marriage, the family treated her "in order to have a child".
However, within one year after marriage, Fang Yangyang failed to become pregnant. Zhang's family took them to the hospital for an examination and asked people in Fangzhuang Village. They heard that "she had a mess with a man in Fangzhuang Village and had a miscarriage."
Liu Lanying also said that in order to marry Fang Yangyang, the family ran out of wealth. After marriage, the whole family was eager for a child. "The fact that the abortion cannot be pregnant makes the whole family very angry."
For this reason, at the end of 2017, the Zhang family went to the Fang family to argue, "The Fang family does not admit it, and Zhang Bing was beaten by the Fang family." Zhang Jilin confessed.
Regarding the allegations of miscarriage, Fang Xijun, secretary of the Fangzhuang Village branch, told the Beijing News reporter that he had never heard that Fang Yangyang had a boyfriend before marriage.
Chen Jie also said, "We are in a village, we know best, this kid is very honest."
"Although our family is poor, it is a good one. Is there any evidence for what he said? The Zhang family killed someone and would think of 10,000 reasons to excuse himself." Xie Shulei said.
Starting in 2018, violence has fallen on Fang Yangyang more and more.
According to Liu Lanying’s confession, when Fang Yangyang was sick and disobedient, she would “slap her face with her hands, even hit her head, shoulders and legs with a stick, and sometimes pinch her face and cheeks”.
Liu Lanying also mentioned that since the fall of 2018, Zhang Jilin has played Fang Yangyang at home the most. "He likes to drink, and after drinking, he often fights Fang Yangyang, every time he does it well."
Her husband Zhang Bing also joined.
Zhang Bing confessed that he "sees Fang Yangyang not pleasing to the eye" and "sometimes beat her once a week, sometimes twice."
Sometimes the way is to "pick her with a stick", and sometimes it is to "push her to the penalty station and freeze her."
Once he beat Fang Yangyang with a porcelain cup, and her ears were bleeding.
On November 17, Fang Yangyang's mother Yang Lan sat in the bedroom.
Fang Yangyang would resist at first when he was beaten, and later he was beaten and scolded more and more frequently, "She was also afraid of us, so she stopped resisting, just said,'Don't beat me, I'm obedient'."
Besides beating and scolding, Fang Yangyang's diet was also restricted.
Zhang Bing confessed that because Fang Yangyang "does not know how to cook and eats a lot", they would scold her for it. Fang Yangyang did not dare to eat with them. "After that, Fang Yangyang will not be called Fang Yangyang. She only eats one meal a day Pause or two meals".
Liu Lanying also admitted that they told Fang Yangyang to "eat less at home and eat two meals a day most of the time."
Under the shroud of violence and hunger, Fang Yangyang, who weighed 160 kilograms, quickly lost weight when he got married.
After the incident, a relative saw Fang Yangyang's body in the funeral home. "People looked at the weight of only 50 or 60 kilograms, skinny, and skinny."
A neighbor also said that the last time she saw Fang Yangyang was in August and September 2018. She remembered that Fang Yangyang looked very thin at the time, but did not pay attention to whether there were scars on his face.
The forensic autopsy certificate of the Yucheng Public Security Bureau’s Physical Evidence Research Center showed that Fang Yangyang’s malnutrition, weight loss, muscle atrophy, and dry hair are consistent with malnutrition.
Not without warning
On July 26 of the lunar calendar in 2018, Fang Yangyang's father passed away after a few months of illness.
The Fang family wanted to tell Fang Yangyang to go home and pay the funeral, but the Zhang family did not let them go.
Xie Shulei said that Fang's father had about two to three months from hospitalization to his death, and he always wanted to see his daughter.
The relatives went to the Zhang family for many times and even alarmed the Zhangzhuang village police station. The Zhang family kept saying that Zhang Bing and Fang Yangyang went out to work and did not let their father and daughter meet.
He recalled that the reason given by the police station was that because the two were legal husbands and wives, they could only coordinate and had no right to enforce Fang's demands.
In fact, before Fang's father died, Fang Yangyang seldom returned to her family.
Chen Jie remembered that she had only seen Fang Yangyang in the village during her first year of marriage.
Fang Zhong told the Beijing News reporter that Fang's father had told him that Zhang Bing had claimed that he could only see Fang Yangyang by sending 50,000 yuan, and Fang's father would send him the money, but he still couldn't see anyone.
The judgment of the first instance also showed that Liu Lanying and Zhang Bing sent WeChat messages, mentioning that they would ask for money from Fang Yangyang’s family. “If you don’t give money, you will not be called to meet on the ground that Fang Yangyang is working outside.” After Fang's father died, Liu Lanying was telling Zhang Bing. Said in WeChat, "Tell the other party Yangyang is not at home".
Because no one has been seen, relatives of the Fang family stated that they did not know about Fang Yangyang's abuse before the incident.
In mid-January 2019, Fang Yangyang used Zhang Bing’s cell phone to call a gas-sending folk in Fangzhuang Village, saying that his cell phone had been confiscated by her in-laws, and asked the folks to tell Fang Zhong that he wanted Fang Zhong to buy her a new cell phone. .
Fang Zhong is a five-guarantee household in the village, and his economic conditions are also very poor. He is unable to buy a mobile phone for Fang Yangyang.
Ten days later, Fang Yangyang, who could not wait for a new phone, died when he waited.
Based on the statements of Zhang Jilin and his wife, on January 31, 2019, Zhang Jilin drank again.
That morning, Zhang Jilin asked Fang Yangyang to clean the pot. She closed her mouth, and Liu Lanying took a 50 cm long and 3 cm wide wooden stick and pumped Fang Yangyang.
At 10 o'clock in the morning, Liu Lanying asked Fang Yangyang to wash the clothes. She was unwilling to go, and Liu Lanying suffered a few sticks.
At lunch, no one called Fang Yangyang, and only gave her two steamed buns, but I didn’t know if she ate them or not.
At about 3:30 in the afternoon, Zhang Jilin asked Fang Yangyang to help take the things. Fang Yangyang didn't take it, so he cut Fang Yangyang's hair with scissors in a fit of anger.
On the same day, the two beat Fang Yangyang with wooden sticks several times. Zhang Bing was not at home during the day and did not participate, but he did not care after returning home at night. "Go home and have some food and go back to his house."
It was not until 6 o'clock in the evening that Liu Lanying entered his room and found that Fang Yangyang had something wrong, "the nose is airtight, and the breathing sound is abnormal."
Zhang Bing dialed 120, but Fang Yangyang was out of breath when the ambulance arrived.
Xie Shuqing told the Beijing News reporter that on the day of the incident, someone from Zhangzhuang Village came to Fangzhuang Village and said that Fang Yangyang had died and died of illness.
After the Fang family rushed over, the Zhang family refused to let them see the body.
Moreover, the village party secretary of Zhangzhuang Village revealed to them that Zhang wanted to bury Fang Yangyang's body secretly after the incident occurred, but it was blocked by the village party secretary.
The Beijing News reporter failed to confirm the information from other channels.
On November 17, the scene of Zhang Bing's children's clothing store.
The autopsy certificate showed that Fang Yangyang had extensive contusions all over his body, with the contusion area accounting for more than 43% of the total body surface area; the contusions were more serious on the head, face, back buttocks, and limbs.
It was identified that the victim was subjected to multiple blunt external forces on the basis of malnutrition, resulting in a large area of soft tissue contusion and death.
Controversial first-instance judgment
On January 22 this year, the People's Court of Yucheng City, Shandong made a first-instance judgment on this case.
The court held that Fang Yangyang’s in-laws and husband often physically and mentally tortured each other by beating, freezing, starving, and confining each other... the circumstances were bad.
In view of the fact that each defendant was able to truthfully confess the facts of the crime after returning to the case, which constituted a confession, and showed repentance, a lighter punishment was decided. The relatives of each defendant voluntarily paid RMB 50,000 in compensation in advance and decided to be given a lighter punishment.
Fang Yangyang's husband, Zhang Bing, had a relatively minor crime and showed repentance, so he decided to apply probation.
In the first-instance judgment, the defendant Zhang Jilin was guilty of ill-treatment and was sentenced to three years in prison; the defendant Liu Lanying was guilty of ill-treatment and was sentenced to two years and two months; and the defendant Zhang Bing was guilty of ill-treatment and was sentenced to two years in prison with a three-year probation. The defendant paid 37,562 yuan for funeral expenses, 3,000 yuan for lost work expenses, and 2,000 yuan for transportation expenses, totaling 42,562 yuan.
Zhang Jinwu, an attorney at the Fang family and Shandong Yixing Law Firm, told reporters from the Beijing News that there were major problems with the first-instance judgment. First, there was no public trial; second, the case should constitute both the crime of intentional injury (death) and abuse. Crime; third, the sentence found in the original trial for the death of a person caused by abuse was extremely light.
He believes that the crime of torture has warning and educational significance and does not involve personal privacy, and Fang Yangyang's family members also requested to disclose information and participate in court trials, but the court did not allow it.
Zhang Jinwu said that this case should constitute both the crime of intentional injury (causing death) and the crime of abuse.
For the crime of abuse alone, the defendant in the third trial should be sentenced to more than six years but not more than seven years in prison; the act of intentionally harming Fang Yangyang, the victim to death, should be sentenced to more than 15 years in prison.
On February 19, the Dezhou Intermediate People's Court ruled to revoke the original judgment and send the case back for retrial.
The ruling showed that the case did not involve state secrets or personal privacy. The three defendants in the original trial were all adults and should be heard in public in accordance with the law. The court of first instance did not open the trial, and did not protect the appellant Yang Lan’s statutory litigation rights according to law, which violated the law. Proceedings.
On November 27, the case will be retrial in Yucheng People's Court.
A staff member of the Political Department of the Yucheng People's Court said in an interview with the media recently that the case is in the process of trial and the final judgment has not yet been made. "We must believe that the court and the judge will have a fair judgment."
During the interview, Fang Yangyang’s cousin Xie Shulei told the Beijing News reporter that a living life was abused to death. “Her in-laws and husbands should be punished and the victims should be treated fairly.”
Beijing News reporter Qiao Chi and intern Lin Wenqi
Picture (except for signature) / Beijing News reporter Qiao Chi