On October 12, the reporter learned from the Chinese Judicial Documents Network that the recent Guangyuan couple committed suicide on a date, and the man repented of being convicted of intentional homicide case ushered in the second trial. On the evening of August 9, 2018, the defendant Li Guocheng and his girlfriend Gao Moudei, the victim, committed suicide together because of an emotional dispute. After that, the woman jumped into the river and died. Li Guocheng left. The Court of Second Instance held that the defendant Li Guocheng was convicted of intentional homicide in the first instance and sentenced to four years and three monthsimprisonment. It also compensated the plaintiff for economic losses such as funeral expenses and transportation expenses in incidental civil proceedings totalling 113896.00 yuan. The facts were clear and the nature was accurate.
Review of the case: Both sides agreed to commit suicide and the man repented of leaving.
On the evening of August 9, 2018, the defendant, Li Guocheng, and his girlfriend, Gao Moudei, were killed because of emotional disputes. After a quarrel and scratch in Gao Moudeis rental house, they gambled and said that they were under too much mental pressure. Li Guocheng proposed to die together.
At 23:00 p.m. Xu Guocheng drove a van with licence No. Chuan H * * * * 7and Gao Moudi drove from Li Guochengs shop in Xinglong Street, Baolun Town, Guangyuan Lizhou District to the new 1 ** National Road Bridge in the west section of Aoyuan Avenue, Baolun Town. During that time, they quarreled and scratched again in the car.
Judgment documents show that when the vehicle travels to the west side of Qingjiang River Bridge near Baoxing Mansion, Gao Moudei proposes to get off. Subsequently, the vehicle stopped on the Qingjiang River Bridge. After getting off the bus, Li Guocheng returned to the car on the ground that the water was shallow and he could not jump into the river. He continued driving for tens of meters before turning back on foot. When approaching the victim Gao Mou butterfly, Gao Mou butterfly jumped into the river. After that, Li Guocheng did not implement any rescue actions, such as alarm, and drove away.
On August 13, under the pressure of Gaos butterfly family, Li Guocheng reported that he had committed suicide by jumping into the river on August 10. At 13:35 that day, the body of a butterfly was salvaged and landed on the Qingjiang River in Baolun Town by the Baolun Squadron of Guangyuan Fire Brigade. According to forensic identification, the cause of death of a butterfly was drowning.
On July 2, 2019, the Peoples Court of Lizhou District of Guangyuan City handed down a judgment on the case. According to the court of first instance, the defendant Li Guocheng and the victim Gao Mou die committed suicide on an appointment. When they arrived at the place of the crime, they not only did not dissuade them, but also stimulated them with words. After the victim jumped the bridge, Li Guocheng left the scene of the case without taking any rescue action and allowed the result of the victims death to occur. His guilt manifested as indirect intent, which constituted the crime of intentional homicide.
At the same time, because the victim is an adult with full civil capacity, he should know the serious consequences of river jump and still insist on it. Therefore, he has some fault in the consequences of death, which can reduce the punishment to the defendant. After the accused returns to the case, he truthfully confesses all his crimes, which have frank circumstances, voluntary confession of guilt and punishment, and may be given a lighter punishment according to law; voluntary compensation for the losses of the victims and voluntary compensation can be given a lighter punishment at his discretion.
In summary, the court of first instance judged as follows: First, the defendant Li Guocheng was convicted of intentional homicide and sentenced to four years and three monthsimprisonment. 2. To compensate the defendant Li Guocheng for the economic losses of the plaintiffs funeral expenses, transportation expenses, accommodation expenses, missed work expenses and the living expenses of the dependants in incidental civil proceedings totalling 113896.00 yuan; the defendants voluntary compensation fee is 86104.00 yuan, which the court grants. 3. Reject other lawsuit requests of the plaintiff Gao Moudis mother, eldest son and second son.
Latest Judgment: Maintaining the Reason for Rejecting Appellants Appeal
After the first trial, the plaintiff Gaos mother, eldest son and second son appealed to Guangyuan intermediate peoples Court on the grounds that the original defendant Li Guochengs sentence was too light and the compensation was not enough to make up for the future normal expenses of the victims family members.
Recently, the Guangyuan Intermediate Peoples Court held that the defendant Li Guocheng and the victim Gao Moudei had a relationship with their original lover. They committed suicide after a quarrel. In the process of the victims suicide, the defendant Li Guocheng did not persuade the victim to abandon suicide. After the victim jumped the bridge, Li Guocheng did not take any rescue action, resulting in the victim Gao Moudeis death. If the crime of intentional homicide is committed, its criminal responsibility shall be investigated according to law. The plaintiff defendant Li Guocheng should compensate the plaintiff in incidental civil action for the direct loss caused by this.
The judgment of the first instance is clear in fact, accurate in nature, lawful in trial procedure and correct in part in incidental civil action. Reject the appeal and uphold the original verdict.