Part of the second instance ruling issued by Huizhou intermediate peoples court. Photos provided by interviewees
After being besieged and stabbed, 5 people were sentenced to 3 years and 10 months in the first instance
According to the judgment, at about 23:50 on June 24, 2018, Ou Mou Wei contacted Zheng Mou Yun to deal with the noise in the freezer next door to Zheng Mou Yun (brother of Zheng Jianfeng). At 0:00 on the next day, they met Zheng Jianfeng and others on the scene. Someone from Ou Mou Weis side first pushed Zheng Jianfeng, and then there was a physical conflict between the two sides.
Police forensic examination showed that Zheng Jianfeng was slightly injured, two people were seriously injured and three were slightly injured. After the case, Zheng Jianfeng was charged with the crime of intentional injury, and another six people, including Ou Mou Wei, were charged with affray. Among them, whether Zheng Jianfengs behavior constitutes justifiable defense has become the focus of controversy.
On April 26 this year, the Huidong County Court made a first instance judgment on Zheng Jianfengs case, holding that his behavior constituted the crime of intentional injury and sentenced him to 3 years and 10 months imprisonment.
According to the judgment, the court held that Zheng Jianfeng arrived at the scene with scissors and rushed to get off before the motorcycle turned off and had a conflict with ou. He arrived at the scene with arms and started the incident on his own initiative. His behavior did not conform to the time conditions of self-defense. At the same time, in view of the fact that this case is a crime caused by the intensification of neighborhood conflicts, and both sides are at fault with each other, Ou Mou Weis side started to beat people first, so he should consider it as appropriate when sentencing.
During the trial of the Zheng Jianfeng case, the case of six people involved in the affray involving oumou Wei and others was also being handled. Due to unclear criminal facts and insufficient evidence, on May 26, Huidong County Procuratorate issued a non prosecution decision to ou and other six people.
Zheng Jianfeng appealed against the first instance decision.
On July 21, Huizhou intermediate peoples court made a second instance ruling.
According to the ruling, the court of second instance held that Zheng Jianfeng and his defenders had not mentioned Zheng Jianfeng and his defender in the previous investigation and trial stages when he came to the scene of the case because he saw his nephew stuck in his neck.
According to the trial, the surveillance video and witness testimony confirmed that Zheng Jianfeng stopped on his motorcycle and took out scissors from the motorcycle, then walked to Ou Mou Wei and others and insulted him, leading to a fight between the two sides. Therefore, the court found that Zheng Jianfengs intentional injury did not belong to justifiable defense.