Disabled masseuses claim for more than 820000 yuan

category:Hot
 Disabled masseuses claim for more than 820000 yuan


At about 2:00 on September 18, 2018, when Yu Haiyi was resting on the first floor of the foot therapy shop where he worked, Lu Mou, the victim, knocked on the door outside the shop and said that he would enter the shop for foot therapy, because he had not opened the door in Haiyi after the business hours. Lu pushes the locked door outside the door and wants to enter the store. When Yu Haiyi returned to the house and took out the folding knife, he came near the gate. Lu pushed the door open and forced into the room. They fought each other. In Haiyis folding stab, Lus abdomen was stabbed, causing him to fall to the ground. Cong and Wang, who were resting on the second floor, heard the sound, came to the first floor and called 120 and 110. Yu Haiyi accompanied 120 ambulances to take Lu to Fushun Mining Bureau hospital and escaped from the hospital. The victim Lu died after being rescued. After identification, Lu was stabbed in the upper abdomen with a sharp knife, resulting in the rupture of the mesenteric artery and blood loss.

Yu Haiyi surrendered to the public security organ after the crime.

The prosecution believes that Lu Mou, the victim, forced to open the door and enter the room when he was resting in the foot therapy shop where he worked in the early morning of the crime, and the two fought each other. In order to stop the ongoing illegal infringement, Lu Mou, the victim, was stabbed with a folding knife in Haiyi, which was a defensive act. However, in view of the fact that Lu Mou, the victim, did not use a lethal weapon when he committed the illegal infringement, it has not seriously endangered his life The defendant, Yu Haiyi, uses a knife to defend himself and causes the death of LV Mou, the victim. Yu Haiyi is not only able to take this defense action to effectively prevent the illegal infringement. The damage to the illegal infringer is far more than the extent of only making him lose the ability to infringe or terminating his infringement. His defense action obviously exceeds the necessary limit, which is excessive defense Criminal responsibility shall be investigated for intentional injury.

In court, Yu Haiyi thought that the contents of the indictment were not all right. Yu said they had never provided overnight service to other customers before. It was more than 2:00 a.m. at the time of the incident, he and other people in the store had rested, and he was already in a deep sleep state, which was awakened by a knock on the door. After waking up, he told Lu that business hours had passed, but Lu still did not leave. When LV forced to enter the store, he felt very scared, and there was no reaction time at that time, so he couldnt judge whether the other party had tools. He thought that the other party might have tools, so he went in and took a knife. Yu Haiyi said that he did not know Lu, but only met him, because he had done foot therapy for Lu, and had no conflict or quarrel with Lu during foot therapy. At the time of the incident, because the lights had been turned off in the shop and there was no street light outside, he could not identify Lu.

Yu Haiyis defense lawyer said that at the time of the crime, Yu Haiyi was extremely frightened and flustered, so it was understandable to defend with a knife. At the same time, Yu Haiyi treated Lu, went to the hospital with the ambulance, and paid the medical expenses, indicating that Yu Haiyi took the initiative to take responsibility at that time. It is hoped that the judicial organ can consider the environment of Haiyi at that time, put itself in the position, and compare the strength of both sides, which is beneficial to the analysis of defenders. At the same time, in this case, the family members of the deceased also filed an incidental civil action, claiming for more than 30000 yuan of funeral expenses, 650000 yuan of death compensation, 100000 yuan of spiritual consolation, totaling more than 820000 yuan. According to the lawyer acting for the family members of the deceased, although Yu Haiyi has a disability certificate, his life behavior has not been affected by the disability. Although the massage shop is not open 24 hours a day, there were customers who received services in the massage shop after 12 oclock. Therefore, we should not pursue the responsibility according to the justifiable defense and excessive defense, but should investigate the criminal responsibility with the crime of intentional injury. At the end of the trial, the court announced the adjournment of the court, and the case will be sentenced at a later date. Source: Beijing headline editor in charge: Liu Yuxin ufe50 nbjs7825

Yu Haiyis defense lawyer said that at the time of the crime, Yu Haiyi was extremely frightened and flustered, so it was understandable to defend with a knife. At the same time, Yu Haiyi treated Lu, went to the hospital with the ambulance, and paid the medical expenses, indicating that Yu Haiyi took the initiative to take responsibility at that time. It is hoped that the judicial organ can consider the environment of Haiyi at that time, put itself in the position, and compare the strength of both sides, which is beneficial to the analysis of defenders.

At the same time, in this case, the family members of the deceased also filed an incidental civil action, claiming for more than 30000 yuan of funeral expenses, 650000 yuan of death compensation, 100000 yuan of spiritual consolation, totaling more than 820000 yuan.

According to the lawyer acting for the family members of the deceased, although Yu Haiyi has a disability certificate, his life behavior has not been affected by the disability. Although the massage shop is not open 24 hours a day, there were customers who received services in the massage shop after 12 oclock. Therefore, we should not pursue the responsibility according to the justifiable defense and excessive defense, but should investigate the criminal responsibility with the crime of intentional injury.

At the end of the trial, the court announced the adjournment of the court, and the case will be sentenced at a later date.