On September 3, the cover news reporter learned from the lawyers office of the case that Datong intermediate peoples court had issued a notice to appear in court, and decided to hold a trial in the 17th court at 9:00 on September 10, 2020.
Anti killing for extortion at home of released prisoners
According to the contents of the judgment of the Datong intermediate court, at about 14:00 p.m. on August 23, 2005, Lei Tao, a released prisoner from Longquan Town, Yanggao County, Shanxi Province, came to Yang Huis garage to ask for money.
Lei Taos reason for asking for money is that in 2004, Yang Hui reported that Lei Tao cheated him of a mobile phone worth 500 yuan. Later, Lei Tao was sentenced to six months imprisonment for fraud.
According to Yang Huis confession, Lei Tao, after serving his sentence and after he was released from prison, twice asked someone to bring words to Yang Hui, saying that he wanted to retaliate against Yang Hui, and wanted him to destroy his family and destroy his family.. After Lei Tao was released from prison, he asked him to ask for 10000 yuan to solve the matter, but Yang Hui had no money. Later, Lei Tao twice came to Yang Huis repair shop, and each time he had to walk hundreds of yuan from Yang Hui.
According to Yang Hui, on the day of the murder on August 23, 2005, he gave the money he had borrowed to Lei Tao. However, Lei Tao, who was not satisfied, began to beat me with fists and feet, and asked me to find him 1000 yuan. After looking for something to eat, he began to turn over my things, took out a knife from the cabinet and scratched my wrist
Later, Yang Hui takes advantage of the gap between Lei Taos knife and the table, grabs the knife and stabs Lei Tao.
After Lei Tao was injured, Yang Hui sent Lei Tao to the hospital together with others, but Lei Tao died in the end.
After being arrested, he argued that self-defense was not identified and was sentenced to life imprisonment
According to the verdict, after Lei Tao was sent to the hospital, Yang Hui began his own escape career.
One year later, on the morning of May 8, Yang Hui rode the motorbike of the hotel owner to purchase goods. Yang Hui was stopped by traffic police for not having a drivers license. In addition, unable to show his ID card, Yang Hui was taken to the police station. Under the police interrogation, Yang Hui voluntarily explained to the police the process of stabbing Lei Tao.
On December 30, 2008, Datong intermediate peoples court made a judgment, finding that the facts included Lei Tao threatening Yang Hui with a knife. However, the court held that Yang Hui snatched the knife after the other party put it down, so it was not an ongoing illegal infringement, and there was no element of self-defense. Therefore, Yang Huis act was not regarded as self-defense.
The court held that Yang Hui was found guilty of intentional homicide, but he voluntarily confessed the main criminal facts of killing Lei Tao and surrendered himself. Therefore, he was given a lighter punishment, sentenced to life imprisonment, deprived of political rights for life, and compensated Lei Taos family members with more than 190000 yuan.
On March 12, 2020, Datong intermediate peoples court made a decision on retrial, saying that after examination, some facts identified in the original judgment were lack of evidence support, which led to the wrong identification of some facts, which should be corrected according to law, and decided that the court should form a new collegial panel for retrial.
On September 3, the cover news reporter learned from the lawyers office of Yan Qingli of Beijing Fuli law firm, the appeal agent of Yang Hui case, that Datong intermediate peoples court had issued a notice to appear in court, and decided to hold a trial in the 17th court at 9:00 on September 10, 2020.