Touch the dog and start a conflict. The dog owner leads the man to the house to retaliate against the two brothers for fighting against the dog owner.

 Touch the dog and start a conflict. The dog owner leads the man to the house to retaliate against the two brothers for fighting against the dog owner.

Because the pet dog was touched, the dog owner Liu Gang (alias) had a quarrel with Yang Jianping and Yang Jianwei brothers. The two sides then clashed, and Liu Gang invited another three people to come to the house with picks to retaliate. During the fight, Liu Gang was stabbed to death. The court of first instance found Yang Jianping and his brother Yang Jianwei guilty of intentional injury. They were sentenced to 9 years and 13 years respectively, and then appealed. On December 19, the Wuhan Intermediate Peoples Court decided the case in the second instance. The court found that his brother Yang Jianwei was an excessive defender, constituting a crime of intentional injury and sentenced him to four yearsimprisonment. His brother Yang Jianping was a legitimate defender and did not bear criminal responsibility.

The owner of the dog was stabbed to death after touching the dog.

Yang Jianping, 56, and Yang Jianwei, 52, are brothers and live in Yangyuan Street, Wuchang District.

At 13 oclock on February 28, 2016, Yang Jianwei and Yang Jianping walked past Liu Gang when they met him. They had a quarrel because Yang Jianping touched the dog Liu Gang was leading. Liu Gang immediately threatened to seek revenge. At about 14 p.m., Liu Gang invited Huang Mou, Xiong Mou and Wang Mou to take picks to the above places to seek revenge from Yang Jianwei and Yang Jianping. The two sides met and fought. In the meantime, Yang Jianwei and Yang Jianping stabbed Liu Gang in the chest and abdomen with sharp knives, causing Liu Gang to die of excessive blood loss and stabbing Huang Mou and Xiong Mou. Yang Jianwei and Yang Jianping were arrested and brought to justice by the public security organs.

Nearly a year after the case occurred, in February 2017, the Wuchang District Court decided the first instance of the case. The court held that the brothers Yang Jianwei and Yang Jianping had intentionally injured othersbodies and caused death, and their acts constituted the crime of intentional injury. Yang Jianwei was sentenced to 15 years and Yang Jianping was sentenced to 11 years. Both of them need to pay more than 560,000 yuan for the economic losses of the plaintiff in incidental civil litigation.

After the first trial, Yang Jianwei, Yang Jianping and Liu Gangs family appealed. In April and May 2017, the Wuhan Intermediate Court held a second instance of the case. In the opinion of the Wuhan Intermediate Court, the fact that Yang Jianwei and Yang Jianping committed the crime of intentional injury is unclear and the evidence is insufficient. The first instance judgment of the Wuchang District Court was revoked and sent back to the court for retrial.

The Court of First Instance finds the crime of intentional injury

During the retrial, the Wuchang District Court found that at 13:00 on February 28, 2016, when Yang Jianwei and Yang Jianping were sitting in front of their residence and chatting, Liu Gang, who was walking the dog, accused them of having a quarrel first. Yang Jianwei took part in the quarrel with Liu Gang. During the period, Liu Gang threatened Yang Jianwei verbally. And threatened to seek revenge later, Yang Jianwei immediately returned: Then you fight ah.

On the same day, Liu Gang invited three young men, Huang Mou, Xiong Mou and Wang Mou, to return to the above-mentioned sites to seek provocation from the Yang brothers. At that time, Liu Gang was walking ahead empty-handed, followed by Huang Mou, who each had a wooden pickaxe handle, more than 10 meters behind him. Liu Gang went to Yang Jianpings door, pointed at Yang Jianping, and then rushed to Yang Jianwei for a fight. Yang Jianwei stabbed Liu Gang and Huang Mou with a sharp knife which had been prepared beforehand. Yang Jianping turned back to his home for a knife. Huang Jianping and Liu Gang surrounded Yang Jianwei with a wooden pickaxe.

In the process, Liu Gang was stabbed by Yang Jianwei with a knife in his chest and abdomen, and Huang Mou and others were stabbed. Later, the two sides fought on the road and Yang Jianwei was knocked down by the roadside. At this time, Yang Jianping rushed to Liu Gang with a knife from his home, stabbed Liu Gang with a knife, and Huang Mou and other three men saw Yang Jianping chased him with a pickaxe. Yang Jianwei also participated in the fight. Houhuang and Xiong abandoned pickaxes and left the scene. Shortly after Liu Gang left the scene, he fell to the ground due to excessive injury and was rushed to hospital for rescue. He died at 16:00 on the same day because of excessive blood loss.

Wuchang District Court held that after the quarrel between Yang Brothers and Liu Gang, they fought bravely and severely, and had the intention of jointly harming others. Yang Brothers carried out the act of jointly harming others. Their actions were aggressive, initiative and defenseless. After retrial, the court of Wuchang District issued a judgment again. Yang Jianwei was convicted of intentional injury and sentenced to 13 yearsimprisonment; Yang Jianping was convicted of intentional injury and sentenced to 9 years imprisonment. They appealed in court.

Brother was found to be justifiably defended at the second instance

On August 7 and November 29 this year, the case was heard twice in the Wuhan Intermediate Court. During the trial, Lei Gang, Yang Jianpings defense lawyer, believed that Yang Jianpings original intention was to save his brother. He did not conspire with his brother to harm the other side. Yang Jianpings behavior was justified defense and should be innocent.

On December 19, the Wuhan Intermediate Court rendered a second judgment on the case. According to the Wuhan Intermediate Court of Justice, Liu Gang and Yang Jianwei brothers did not know each other and had a sudden quarrel. When Liu Gang threatened to seek revenge, Yang Jianwei responded, You fight then. This response could not confirm that Yang Jianwei and Liu Gang were engaged in a fight. From the subjective purpose and objective behavior, there is no evidence that Yang Jianwei and his brothers conspired to hurt Liu Gang.

Yang Jianwei stabbing Liu Gang and others with a knife belongs to stopping the ongoing unlawful infringement. His act is of defensive nature. His defensive act is the main cause of one persons death and two minor injuries. It obviously causes significant damage beyond the necessary limit and constitutes the crime of intentional injury. In order to protect the personal rights of others from the ongoing illegal infringement, Yang Jianping took measures to stop the illegal infringement and caused damage to the illegal infringer, which belonged to legitimate defense and did not bear criminal responsibility. Yang Jianweis behavior belongs to excessive defense and has the circumstances of surrender. He should be commuted according to law.

The Wuhan Intermediate Court eventually revoked the judgment of the Wuchang District Court and found that Yang Jianweis excessive defense constituted the crime of intentional injury and sentenced him to four yearsimprisonment; Yang Jianping constituted legitimate defense and acquitted him.

The judge explains why justifiable defence is recognized

The judge of Wuhan Intermediate Court said that legitimate defense is a right granted by law to citizens. Any citizen has the right to defend against illegal infringement when facing the ongoing illegal infringement of the state, public interests, personal property and other rights of himself or others. While encouraging the correct value orientation of legitimate defense and applying the system of legitimate defense according to law, we need to consider respecting the simple feelings of the public and the concept of universal justice.

In this case, because of trivial incidents, the two sides sparked a quarrel. The deceased invited many people to come to the house armed to provoke trouble and beat. The two brothers, Yang Jianwei and Yang Jianping, responded with knives, which was a defensive act. However, Yang Jianweis defensive actions exceed the limits permitted by law and cause serious damage. He should bear criminal responsibility according to law. According to the law, Yang Jianweis defense is excessive and Yang Jianpings legitimate defense is in line with the publics pursuit of fairness and justice.

Source: Ji Xueying_NN6784, responsible editor of Beiqing Net-Beijing Youth Daily