Lu Dongxiao, male, born on December 7, 1987, junior high school culture, was originally a security guard of shuiyinglanshan community, Duanzhou District, Zhaoqing City, Guangdong Province, with his domicile in Leizhou City, Guangdong Province.
The first instance of Zhaoqing intermediate peoples court found that: the defendant LV Dongxiao and the victim Lin jianga once worked as security guards in Zhaoqing agile city. In April 2018, LV Dongxiao borrowed 50000 yuan from Lin jianga for gambling, and Lin jianga repeatedly urged LV Dongxiao to repay the debt.
At 16 oclock on October 22, Lin came to a community of Xingyuan Road, Jianshe Second Road, Duanzhou District, Zhaoqing City by motorcycle, entered LV Dongxiaos house in room 1020, and demanded LV Dongxiao to repay the debt.
On October 23, LV Dongxiao turned himself in.
LV Dongxiao surrendered himself and confessed his crime truthfully. He could be given a lighter punishment according to law. However, LV Dongxiaos criminal motive is despicable, the nature of the crime is extremely bad, the means of committing the crime is extremely ferocious, and the consequences are extremely serious, and he has not compensated the victims loss, and has no performance of repentance, so he will not be given a lighter punishment.
Due to the criminal act of the defendant LV Dongxiao, which caused the death of the victim Lin, according to law, he should bear the civil liability of compensation for the material loss caused by the death of the victim Lin, who is the elder brother of Lin.
The court of first instance ruled that Lu Dongxiao, the defendant, committed the crime of intentional homicide, was sentenced to death and deprived of political rights for life; Lu Dongxiao, the defendant, paid RMB 46784.5 yuan for the material losses of the plaintiffs Lin, B and C in the incidental civil action within 10 days from the date of the legal effect of the judgment; and rejected other claims of the plaintiffs Lin, B and C in the incidental civil action.
According to the second instance of Guangdong Higher Peoples court, the facts of the original judgment are clear, the evidence is true and sufficient, the conviction is accurate, the sentence is appropriate, and the trial procedure is legal.
The reason for appeal and defense opinions put forward by the appellant LV Dongxiao and his defenders are not tenable and shall not be adopted. The second instance shall rule to reject the appeal and maintain the original judgment.