The public prosecution organ is Suqian peoples Procuratorate of Jiangsu Province.
The plaintiff of incidental civil action, Zhang Jiajia, male, born on February 7, 2003, is a Han nationality student living in Shuyang County. He is the son of the victim Zhang Mou Ding.
Hu lancui, the agent ad litem, is a lawyer of Jiangsu Qinhui law firm.
The defendant Li zongmei, male, was born in Shuyang County, Jiangsu Province on December 27, 1967, Han nationality, farmer, registered in Shuyang County, and now lives in Shuyang County. He was detained on February 18, 2020 and arrested on March 3 of the same year for his intentional homicide. He is now in custody in Shuyang County Detention Center.
The defender, fan Zhuanglin, is a lawyer of Jiangsu Xuyang law firm.
The peoples Procuratorate of Suqian City, Jiangsu Province, charged Li zongmei with the crime of intentional homicide with the indictment No. 10  issued by the peoples Procuratorate of Suqian City, Jiangsu Province, and filed a public prosecution in this Court on June 12, 2020. In the course of the trial in our court, the plaintiff of the incidental civil action, Zhang Zhaojia, filed an incidental civil action. The court formed a collegial panel according to law, held a public hearing and tried the case. The novel coronavirus Li Zongmei, the prosecutor of the Suqian Municipal Peoples Procuratorate, was appointed to the court to support public prosecution. Fan Zhuanglin, the prosecutor of Hu Lancui, the defendant of the supplementary civil procedure, and Fan Zhuanglin, the defendant Li Zongmei, were present in court. Hu Lancui was told to participate in the trial by video on the basis of the new coronavirus x epidemic. The trial has now been concluded.
The evidence on which the public prosecution organs allege the above facts is as follows: 1. The machete and other material evidence extracted by Shuyang Public Security Bureau; 2. Documentary evidence of the process of solving the case and the household registration information obtained by Shuyang Public Security Bureau; 3. The testimony of witnesses such as Jiang, Lin and Xia; 4. The statement of the victim Ren; 5. The confession and defense of the defendant Li zongmei; 6. The appraisal certificate issued by the physical evidence Appraisal Office of Shuyang County Public Security Bureau The results are as follows: forensic autopsy identification certificate and other expert opinions; 7. Records of investigation, inspection and identification made by Shuyang Public Security Bureau; 8. Audio visual materials and electronic data extracted and produced by Shuyang Public Security Bureau. The public prosecution organ held that the defendant Li zongmei intentionally and illegally deprived other peoples lives, causing one person to die and one person to be slightly injured. His act violated the provisions of Article 232 of the criminal law of the peoples Republic of China. The facts of the crime are clear and the evidence is reliable and sufficient. Therefore, he should be investigated for criminal responsibility for the crime of intentional homicide. The defendant, Li zongmei, confessed truthfully the facts of his crime after he was brought to court. He was frank and could be given a lighter punishment. The defendant, Li zongmei, voluntarily pleaded guilty and was given leniency. To sum up, it is suggested that the defendant be sentenced to life imprisonment and deprived of political rights for life.
The plaintiff of the incidental civil action, Zhang Jiajia, sued for the defendant Li zongmei to compensate for the losses caused by the death of the victim Zhang, including 93987 yuan for the living expenses of the dependant, 43293 yuan for the funeral expenses, 3640 yuan for the delay in the funeral, 1049203.2 yuan for the death compensation, and 50000 yuan for the spiritual damage. The total losses are 1240123.2 yuan. At the same time, for sentencing, it is proposed that the defendant Li zongmei be sentenced to death with a two-year suspension of execution if no mediation and understanding is reached between the defendant Li zongmei and the victims relatives.
The defendant, Li zongmei, has no objection to the fact that he stabbed Zhang and Ren with a knife, causing Zhang to die and Ren to be injured, as well as the proposal of sentencing him to life imprisonment and deprivation of political rights for life when the public prosecution accused him of intentional homicide. He pleaded that he had voluntarily surrendered because his purpose of escaping to Lingxi village, Gaoliu Town, Xinyi City was to return to Shuyang to commit suicide, and the cadres on duty for epidemic prevention and control at that time had been explained.
His defenders put forward: 1. There is no objection to the fact that the public prosecution organ accused the defendant Li zongmei of stabbing Zhang and Ren with a knife and causing Zhang to die and Ren to be injured, as well as the fact that the defendant Li zongmei constituted the crime of intentional homicide, but Li zongmei, the defendant, was passionately homicide. On the day of the case, Zhang and Ren had sexual relations in the defendants Li zongmeis home, which was unacceptable and tolerated by the society Bear, the defendant Li zongmei found out that only after being stimulated, did he cut and kill Zhang and Ren, in line with the requirements and characteristics of passion killing. 2u3001 The defendant, Li zongmei, has a confession plot. 1. From the escape route of the defendant Li zongmei, the defendant Li zongmei first went from Maowei Township, Shuyang County, to Xinyi City, and then to Gaoliu village. Gaoliu village was close to Maowei Township, indicating that he was on the way back to surrender; 2. When the defendant Li zongmei was interrogated by the local village cadres for epidemic prevention and control, he should be sent to the Yinping police station of Shuyang County, indicating his subjective intention to surrender; 3 Truthfully state the facts of his crime. Therefore, the defendant Li zongmei should be deemed to have surrendered himself in accordance with the legal requirements. 3u3001 The victim Zhang and Ren maintained an improper relationship between men and women for a long time. In the afternoon of the case, Zhang had sexual relations with Ren in Li zongmeis home. After being found out by the defendant, Li zongmei did not realize his mistake and did not apologize. Instead, he abused the defendant Li zongmei and even beat him. As a result, the defendant Li zongmei lost his reason and chopped Zhang Behavior, Ren also persuaded the defendant Li zongmei to give up the beating behavior, and the defendant Li zongmei also executed the act of slashing and stabbing Ren, so the two victims had a major fault in the occurrence of the case. 4u3001 The defendant, Li zongmei, is a first-time offender and an occasional offender. He has always performed well. He has not committed any illegal and criminal acts before the case, and is loyal and honest. He has been working outside for a long time for family life. After he comes to the case, he pleads guilty and repents, compensates the victim for any loss and obtains understanding, and prepays part of the compensation to the court. In conclusion, it is suggested that the defendant be sentenced to 10-15 years imprisonment.
The trial found out that at about 14:00 on February 16, 2020, the defendant Li zongmei returned from the street of Maowei Township, Shuyang County, to his home in group 5, hehe village, Maowei township. He did not see his wife Ren. Later, he found that the door of the bedroom in the south of the west side was locked abnormally on the second floor of his home. He heard voices inside outside the door, so he suspected that the victim Ren Mou had sexual relations with others in the room. At about 16:00, the defendant Li zongmei kicked the door with a machete. Ren opened the door and walked out of the room. Li zongmei used a knife to chop and smash it for several times. Then he entered the room to chop and stab the head, face, chest and abdomen of the victim Zhang Mou Ding (male, 50 years old) hiding in the room. Li, the son of the defendant Li zongmei, returned home after receiving a call from Li zongmei. He saw that Li zongmei was chopping and poking Zhang Mou Ding who had fallen on the ground. Ren was also chopped and poked when he tried to dissuade him. Under the dissuasion of Li, the defendants Li zongmei and Li Yiyi sent the fallen Ren to Shuyang County Hospital of traditional Chinese medicine for rescue. The defendant Li zongmei escaped from the hospital on his way home. At about 21:00 the next day, the defendant Li zongmei fled to Lingxi village, Gaoliu Town, Xinyi City. He was stopped and controlled by the local cadres on duty for epidemic prevention and control. Later, the police arrived at the scene and arrested him. After identification, the victim Zhang Mou Ding was stabbed in the abdomen with a single blade sharp instrument, resulting in the death of inferior vena cava rupture with acute massive hemorrhage; any injury of the victim constituted grade II minor injury.
The above facts have been confirmed by the court:
1. The process of solving the case, the process of arriving at the case, and the registration form for accepting the case confirmed that on February 17, 2020, Li zongmei received a phone call from Li, saying that on February 16, 2020, his father, Li zongmei, stabbed the villager Zhang to death in his family of group 5, harmony village, Maowei Township, and stabbed his mother Ren Mou. On the same day, the public security organs filed a case for investigation. At about 21:00 on the same day, when Li zongmei fled to Lingxi village, Gaoliu Town, Xinyi City, he was found and controlled by Wang Maobing, Secretary of the Lingxi Village Branch of the epidemic prevention and control point. Later, Wang called the police to Gaoliu police station, and the police of Gaoliu police station arrived to arrest Li zongmei. After arriving at the case, the defendant Li zongmei truthfully confessed the criminal fact that Zhang and Ren had sexual relations at home and killed Zhang and cut Ren in order to vent his anger.
(1) On site inspection records, site maps and photos, It was confirmed that the scene was located in Li zongmeis home, group 5, harmony village, Maowei Township, Shuyang County. There was an east facing bedroom on the north side of the living room on the first floor. Two mobile phones (one Huawei mobile phone and one oppo mobile phone) were found at the bottom of the underwear cabinet in the west side of the living room. There were suspected blood stains on the washbasin and faucet handle in a bathroom under the staircase between the kitchen and the garage in the east of the bedroom. There were dripping blood stains on the ground on the south side of the hanging basket on the second floor There is a pair of glasses on the West floor of bloodstain. There are dripping bloodstains on the ground at the south side of glasses. There are dripping bloodstains on the ground at the door of Westinghouse on the second floor. A knife with a blade length of 32cm and a handle length of 12cm is found on the ground between the sofa in the south side of the living room and the west wall. There is a black knife cover on the edge of the washbasin in the bathroom on the second floor. There are pedal marks and lock locks on the door of the south bedroom on the west side of the living room There are dripping blood stains on the East floor of the cabinet under the indoor window. There is a male corpse on the ground between the south side of the bed and the south wall, and there are a lot of blood stains under the body. There is an ice pillow on the ground at the entrance of Westinghouse. There are two footprints on the south side of the ground. There is a blood footprint on the ground close to the bedside cabinet. A large number of dripping blood stains can be seen on the ground between the bed and the east wall, which is close to the bed A large number of wiping bloodstains can be seen on the wall of Weidong, a lot of blood stains on the quilt, a blood footprint on the bed sheet, and a lot of wiping blood stains on the wall below the south wall. The public security organs shall take photos of the above-mentioned articles and blood stains, fix them and extract them.
Examination of the transcripts and photos confirmed that the mobile phone discarded by the defendant Li zongmei when absconding was recovered under the leadership of Li Mou Ding.
(3) The personal examination records and photos confirmed that the public security organ had carried out a physical examination on the defendant Li zongmei. Li zongmei was wearing a military green coat with a brown collar jacket, a cotton padded jacket and a blue and gray striped sweater inside the coat. He wore blue jeans, blue underpants and brown underpants. He carried two barrels of bucket surface, a mask and cash of 798 yuan. Li zongmei was not found There were scars on her body surface. DNA was extracted from the fingernails of Li zongmeis hands, but no mobile phone was found.
3. Material evidence: identified by the defendant Li zongmei in court, a machete and its cover seized by the public security organ are the tools used in the crime.
4. Appraisal opinions and extraction records
(1) The forensic autopsy certificate and autopsy photos confirmed that there were five long strip wounds on the top of the head of the victim Zhang, with neat edges, smooth walls and deep to the bone; a longitudinal strip-shaped wound was seen in the middle of his forehead, with neat edge and smooth wall, reaching subcutaneous; a longitudinal strip-shaped wound was seen from the middle of forehead to the right side of the bridge of the nose, with neat and deep subcutaneous wound margin; and on the right cheek There was a thin strip-shaped shallow laceration on the outside, up and down, reaching subcutaneous; a fusiform wound was found in the fourth rib below the left nipple, the upper wound angle was blunt, and the lower wound angle was sharp, reaching to the chest; a wound was found in the xiphoid process, a soft tissue wound was found in the lateral armpit, one wound was found in the left and left umbilicus, one wound was seen above the pubic symphysis, and one was in the left lumbar spine A longitudinal wound was found at the midline of the abdomen above the umbilicus, with blunt upper wound angle and sharp lower two wound angles, reaching to the abdominal cavity; a shuttle shaped wound was found inside the lower segment of the left upper arm, one blunt and one sharp angle, one superficial scratch on the back of the left wrist, one wound on the back of the left hand dorsal ring finger and one wound on the dorsal side of the proximal interphalangeal joint of the left little finger; and an oblique wound was found in the north side of the lower segment of the right upper arm There was a fusiform wound in the front of the upper part of the right forearm, a wound on the palmar ulnar side of the right hand, an incision from the ventral side of the proximal segment of the right ring finger to the base of the right thumb, and the right thumb was severed from the base bottom of the right thumb; there was an incision in the middle of the right knee, two wounds in the inner side of the middle and upper part of the right leg, and a wound on the medial side of the right foot arch. The results showed that: Zhangs head wound, right hand and right foot wound were caused by cutting with a certain quality sharp instrument, and the wounds on his right chest, upper arms and abdomen were caused by single blade sharp instrument. The above injuries were caused by others, and the injuries of hands were resistance injury. The victim Zhang Mou Ding was stabbed in the abdomen with a single blade sharp instrument, resulting in the rupture of inferior vena cava with acute massive hemorrhage.
Rens medical records, such as admission records, discharge records, imaging diagnosis reports and other medical records in Shuyang Hospital of traditional Chinese medicine, as well as the forensic identification of human injury degree, confirmed that the head and back injuries of the victim Ren were cut down, and their head and back injuries were identified as grade II minor injuries.
The forensic scientific DNA identification certificate confirmed that the blood stains in the middle of the knife body, mark 6 drop blood stains and ground foot blood stains on the floor between the sofa in the living room and the west wall, 7 dripping blood stains, 8-10 bloodstains, 11 dripping bloodstains, 11 wiping bloodstains on the walls, 12 suspicious red spots on the brim of hats, 15 and 16 bloodstains, and 17 splashing bloodstains on the walls The STR typing of human blood was the same as that of costal cartilage of the deceased; the blood stains of mark 17, the blood stains on the back of Huawei mobile phone, the blood stains on the ice pillow, the red suspicious spots on the left sleeve of Li zongmeis coat, the red suspicious spots on the front and bottom of the right leg of Li zongmeis trousers, and the same as the genotype of rib cartilage of the deceased; the dripping blood stains of label 1 and red on the spectacle lenses of label 2 were submitted for inspection The STR typing of suspicious spots, red suspicious spots on label 2 spectacles and legs, Mark 3 blood stains, label 5 blood stains, large red suspicious spots on label 12 hat brim, 13 blood stains, 14 blood stains, red suspicious spots on the back of oppo mobile phone, Li zongmeis coat back, STR typing detected in the penis swab of the deceased, and Rens oral swab The sub genotypes were the same; the mixed genotypes were detected in the blood stains of the knife on the ground, the position of the knife body against the handle and the knife handle on the floor between the sofa and the west wall, including the DNA typing of Zhang Mou Ding and the defendant Li zongmei; the mixed genotype was detected in the blood of Zhang Xiaoding and the defendant Li zongmei on the left shoe, including the victim Zhang Xiaoding DNA typing of Ren.
5. Testimony of witness
Witness Li gave testimony to confirm that at 7:00 p.m. on February 16, he received a phone call from his younger brother saying that Ren was injured and let himself go to the hospital. About 8:30 to Shuyang County Hospital of traditional Chinese medicine, saw Rens head, back wound. After asked what happened to Li zongmei, Li zongmei said it was he who cut Ren with a knife, and did not say why. After Li zongmei proposed to go back, Li zongmei and his brother went back together. At about 11 oclock in the evening, he first contacted his younger brother by telephone. The younger brother said that Li zongmei first went to Lis house, and then Li zongmei went to his grandfathers house, and then he could not contact Li zongmei. He called Li zongmei, whose mobile phone was turned off. When she was at home, her parents often quarreled. Li zongmei normally worked as an electric welder in Nantong. She only went home during the busy farming season and the Spring Festival.
Witness Li Mou Ding testified that he and her husband Xia were at home on the evening of February 16. At about ten oclock, Li zongmei and her son went to their home. Li zongmei said that her son had lost money in gambling to borrow money. She said that there was no money in the family and she wanted to go to his fathers office to get it. Later, he and Li zongmei went to his fathers house to get money. When they went to the East Road, Li zongmei said that Ren Mou was sleeping with a man in his house. When he saw him, he beat him up. Ren was sent to the hospital. The man might have died, so he asked Li zongmei to commit suicide. He did not go. He took his yellow coat, put it on and left, and threw away his mobile phone. I didnt catch up with him. I told my husband about it when I went home.
Witness Xia testified that he and his family Li were at home at about 10:00 p.m. on February 16. After Li zongmei and his son arrived at their home, Li zongmei said that his son had lost money to borrow money. Li said that he had no money in hand and wanted to visit her father. Li went out with Li zongmei to borrow money from her father. Li zongmeis son told himself that it was fake to borrow money, because Li zongmei found that Ren was sleeping with someone at home, and that he might have killed him. He said that he wanted Li zongmei to commit suicide and asked Li to call the police. After their own telephone told Lianjin Song Mou this matter.
Witnesses Li Mou Wu, Song Mou, Li Mou Ji and Xie Mou Yi testified that Li zongmei worked outside normally and seldom went home. Li zongmei and Rens relationship is not clear, but Ren will sleep with a man. At more than 11 oclock in the evening of February 16, Xia Mou said that Ren Mou was sleeping with other men at home. Li zongmei found that Ren Mou was stabbed to death by Li zongmei.
(3) Witnesses Li, Jiang, Wang and Tao Hongrong testified that they played cards at Lis house at about 12:00 on February 16, and Li zongmei went to Lis house. At that time, Li asked Li zongmei to play cards, but Li didnt play, so he left for more than half an hour. Li zongmei, as usual, did not look angry or worried.
The testimony of witness Chen (who is Wang Qis neighbor and epidemic supervisor) confirmed that at more than 9:00 p.m. on February 17, he saw the speech of village secretary Wang Mou C and a man. After Wang Mou C called himself, when he arrived, he took the man to the village. When he saw the man with three buckets of noodles and juice, he felt that there was something wrong with the man. Wang asked the man where he was from, and he said either let him go or send him to the Yinping police station. After its and Wang Mou C see group notice, determine that this man is the suspect Li zongmei who was investigated. Wang went out to call the police station and came in to take a picture of the man. Zhang Zhigan, the village accountant, also went to the village Department to get a mask for the man. After Gaoliu police station arrived, he was confirmed to be Li zongmei and took him away. He was found on our way to Gaoliu police station, and the police took him away. He did not say why he came, nor did he tell the truth. Moreover, it has not expressed or revealed the intention of going to the public security organs to surrender.
(5) The testimony of witness Zhang Mou C confirms that he is an accountant in Xiling village, Gaoliu town. At about 10:40 p.m. on February 17, when he was on duty at the west side of the West Bridge of Lingxi village, he received a phone call from village secretary Wang Mou C saying that he had caught a suspect. When he arrived at the village headquarters, Chen also called attention and could not let him run away. Then he took a mask to the man and asked him where he was, what he did and how he got here. He didnt answer. He asked the village secretary if he had called the police. The village secretary said that he had called the police. After hearing this, the man said he would send him to the Yinping police station. A few minutes later, the police of Gaoliu police station came to confirm the identity and took the man away. Li zongmei was sure to go to the Yinping police station only after knowing that the Gaoliu police station would arrive.
(7) Witness Zhang a testified that he was the son of the victim Zhang Mou Ding, whose mother had not come back since leaving home in 2010 or so, and could not be contacted. On January 15, 2020, there will be about a week of winter vacation. One day at noon, Ren took himself to Haining leather city to draw a lottery, and then he went to his home to make dumplings and eat with Zhang after work. I saw them hugging at home. A few days before the Spring Festival, at 1 or 2 oclock in the morning, Ren went to his home to find Zhang, and stayed at home that night. Ren also told Zhang that she and Li zongmei lived together after their divorce.
Witness Zhang Yiyi testified that the victim Zhang Xiaoding was his younger brother. Because of the epidemic, Zhang and Zhang moved to their homes. At more than one oclock at noon on February 16, Zhang left home, and when he called Zhang at more than four oclock in the afternoon, he turned off the phone. At 5:00 a.m. on the 17th, his younger brother Zhang Hanlin called him and realized that Zhang had died. Zhangs family members left in 2010 or so and never came back. It has always been Zhang and Zhang.
Witness Li Mou Xin testified that Li zongmei was his son and Ren Mou was his daughter-in-law. Li zongmei usually works outside the country. She only comes back during busy farming and holidays. Ren has a bad temper and the villagers say that their life style is not good, but they did not see it with their own eyes.
6. The victim Ren stated that he got up to cook at about 12:00 on February 16, and Li zongmei got home and left after eating. He sent a message to ask Zhang Mou Ding to come over. It didnt take long for Zhang to arrive. Because it rained the day before yesterday, the bed in the north room on the second floor was wet, and the room in the South could bask in the sun. After that, Zhang put forward to have sex, he considered that the child at home did not want to agree, and then gave up. But as soon as he got in touch with himself, he told him to wait for the evening. Zhang agreed and put on his clothes. After Li zongmei came back, she was flustered at that time. She did not dare to open the door or go out. Li zongmei yelled outside the door. She said she was sleeping and locked the door. She kicked the door outside. Then she opened the door and went to the living room. Li asked if there was anyone in the room. She said no, and then she hit herself. She was slashed on her hand and cut off on her head. I cant remember how many times she cut. At that time, blood flowed from her head to her glasses. She took off her glasses and put them on the ground. She held her head and face in her hands and knelt on the ground. Li did not continue to hurt herself, nor did she dare to look up to see what Li was doing. About two or three minutes later, Li went upstairs and asked him to stop Li zongmei from beating Zhang. He went into the room and saw Zhang sitting on the ground on the south side of the bed with his face facing east. Li took a knife to cut Zhang, and said to Li that Li zongmei should not fight again, and then fell on the bed. I dont know how long after, he felt pain in his left shoulder and called Li to save himself. After that, Li zongmei and Li Yiyi sent themselves to the hospital for treatment. Li zongmei cut her own position on the second floor opposite the staircase, outside the room where she lived. He and the victim Zhang Mou Ding were lovers. Before the crime, they had sexual relations three times in Zhangs residence in Shuyang County. Li zongmei should not know that she and Zhang Mou Ding have an improper relationship.
7. The defendant Li zongmei confessed and defended that he normally worked in other places, and only went home during the Spring Festival, holidays or busy farming. In life, his wife Ren is more powerful, he has been tolerant. On the morning of February 16, he went to Lis home to watch people play cards. When he went home for dinner at 12 oclock, he saw the quilt of the second floor bedroom outside his home. The bed in the north bedroom on the west side of the second floor was Simmons bed. After dinner, I walked to the street to buy things. When I got home around 14 oclock, I didnt see Ren Mou on the first floor. On the second floor, I found that the Simmons bed in the West bedroom was not in it, but the iron bed in the south bedroom. Moreover, the door of the bedroom on the west side of the second floor was locked back. After knocking several times, Ren said that she was sleeping. He went downstairs, but he thought that the iron bed and Simmons bed could not be replaced by one person. When he needed help, he went upstairs again. After listening for half an hour at the door of the room, he heard someone gasping, which was different from the sound of normal breathing. Like someone having sex in it, he thought that Ren betrayed himself and brought him home. The more he wanted to get more angry, he went to the first floor to look for the door key and knife To a single blade, 20-30 cm long, which his son bought a few years ago. He took the knife and key to the second floor and opened the door with the key. If he didnt open it, he kicked eight or nine times. The door was broken and didnt open at all. A few minutes later, Ren opened the door and stood at the door. He couldnt see anyone from the door, so he walked inside. Between the bedroom bed and the outer wall, he saw a well dressed man lying flat on the ground. At that time, he got up and hit himself with the pillow on the bed. Seeing that he had a knife in his hand, he jumped back to the south, but he fell down and scolded him. I want him to do this kind of thing in his own home, was found to be so arrogant, have the idea of killing him. He kicked and kicked himself with his foot. He stabbed him in the stomach with his knife. When he stabbed him, he was still scolding, which made him even more angry. He stabbed and chopped at his upper body a lot. At that time, there was only one thought in his mind that he would not stop using the knife to stab and chop him until he was stabbed to death and commit suicide. Zhang Mou Dings injuries were all stabbed by himself. I cant remember the exact number of knives. Ren Mou went up and said forget it. She felt that she had betrayed and protected others. She was even more angry. She stabbed and slashed Rens upper body with a knife. She was cut down and lying on the bed, and she was going to kill her at that time. She hit her head with the back of his knife two or three times. She didnt respond. She thought she was dead, so he called her son Li and asked him to go home and tell him what to do He committed suicide after giving 50000 yuan to his son. When his son got home and saw the situation in the house, he asked what was going on. He said that Ren was found sleeping with others. Zhang was cut down to the south of the bed. It is not clear whether he died or not. His son tried to say that Zhang was still alive. He stabbed Zhang with a knife, then tried to breathe with his hand, kicked him with his feet and moved a little. It is estimated that he was not dead at that time. Then he hit Ren with a knife, trying to kill her. The son advised him not to do so. He stabbed his neck with a knife and was stopped and persuaded by his son. His son took the back knife and threw it behind the sofa in the living room. After a while, Ren moved again, and his son said that he wanted to save Ren. He and his son carried Ren to a bathroom for her. When he had blood on his hands, he went to the bathroom on the first floor to wash his hands. Later, his son drove a Buick car and helped Ren to Shuyang County Hospital of traditional Chinese medicine for treatment. On the way back from the hospital, he and his son said they went to his aunts house to borrow money on the ground that his son had lost gambling. After going to his sisters house, he borrowed money according to the reasons discussed before. When he and Li went out to his fathers house to get money, he saw a police car light on the way. He was scared to run. Li asked what was going on and told the truth. She told the police to hide first, turn off the mobile phone and throw it away to prevent the public security organs from tracking him down and then wearing Li A yellow coat went down the path. The next day, I went to a village near Shuyang fanghu in Xinyi City and asked Fang how to get there. The man said that the epidemic situation was serious. He did not wear a mask, so he took himself to the village headquarters. If he didnt let himself go, he asked him to send himself to the Yinping police station. The man said that the road was not easy to go and he had to send him to Gaoliu police station. After half an hour, Gaoliu police station came to the scene and took him away, admitting that he would kill Zhang. Zhang and Rens mobile phones were originally put on their own body, and then put in the bedroom cabinet on the first floor of the home.
8. Electronic data
(1) The work record of electronic data inspection confirmed that the public security organ carried out electronic data inspection on the mobile phones of the victims Zhang and Ren, and found that there was contact between the two on the day of the crime.
(2) Surveillance video screenshots and road map confirmed that the defendant Li zongmei fled after the crime.
9. Documentary evidence
(1) By accepting the list of evidence materials and wechat chat screenshots, it is confirmed that the chatting contents between the victim Ren and the victim Zhang and his son Zhang Xiaojia can be confirmed that the victim Ren and Zhang have improper sexual relations.
(2) By accepting the list of evidence materials, screenshots of call records and wechat chat records, it is confirmed that Li left home after receiving a call marked Ford white garbage collection number of 187 u00d7u00d7u00d7 5855. It also confirmed that Li was not at the scene when Li zongmei started the attack. Li received a call from Li zongmei at 17:01 on February 16 and called Maowei police station at 4:52 the next day.
(5) The public security organ issued a certificate of criminal record and misdeeds, which confirmed that the defendant Li zongmei had no criminal record.
(6) The mediation agreement, receipt, and advance payment of compensation documents confirm that the defendant Li zongmei made compensation to the victim Ren through the defender, and the victim Ren Mou understood it and advanced part of the compensation to the court.
The court held that the defendant Li zongmei intentionally and illegally deprived other peoples lives, causing one person to die and one person to be slightly injured. His act constitutes the crime of intentional homicide. The defendant, Li zongmei, confessed the facts of his crime after he was brought to court, and was given a lighter punishment according to law. The defendant, Li zongmei, pleaded guilty voluntarily and was given lenient punishment according to law. After the case, the defendant Li zongmei obtained the understanding of the victim Ren, and advanced part of the compensation to the plaintiff in the incidental civil action to the court, and was given a lighter punishment as appropriate. The defense of Li zongmei, the defendant, put forward the same opinions as the above views and adopted them.
On the defendant Li zongmei and his defenders opinion that the defendant Li zongmei was arrested on the way to surrender, which is voluntary surrender and constitutes a voluntary surrender. After investigation, witnesses Wang, Chen and Zhang testified that Li zongmei was found on the night of February 17 and brought him to the village headquarters. During the period, Li zongmei did not state that he was the perpetrator, nor did he mean to commit suicide. After Li zongmei was taken to the village headquarters, he could not leave objectively and lacked the conditions for voluntary surrender. Although Li zongmei defended his intention to surrender, there was no evidence to give it confirm. Therefore, the existing evidence can not confirm that the defendant Li zongmei had the situation of voluntary surrender, and it can not be recognized that the defendant constitutes surrender according to law. Therefore, the opinions of the defendant Li zongmei and the defender are not accepted.
On the counsels opinion that the second victim of this case has serious fault. Investigation: according to the testimony of witness Zhang, his wechat chat record with the victim Ren, the statement of the victim and the wechat chat record with the victim Zhang, it can be confirmed that there is an improper relationship between the two victims; the confession of the defendant Li zongmei, the statement of the victim Ren, the testimony of the witness Li Mou Yi and the relevant DNA identification opinions can prove that the victim Zhang Xiaoding and the victim Ren One had close contact with Li zongmeis family, and their behavior was obviously beyond the tolerance of the public, which seriously violated the social order and good customs. Therefore, the existing evidence can confirm that the two victims have significant fault in this case. The opinions of the prosecution and the defense shall be adopted.
On the opinions of both the prosecution and the defense that the defendant Li zongmei killed with passion. After investigation, passion killing refers to the act of killing the victim on the spot because of the victims serious fault and being strongly stimulated. In this case, although the defendant Li zongmei did not know that there was an improper sexual relationship between the two victims, the two victims met privately in Li zongmeis house during the day and locked the door of the house, which made the defendant Li zongmei have reasonable doubts about the relationship between them. The fault behavior of the two victims stimulated the defendant Li zongmei and caused him to commit homicide in this case, which is in line with the category of passion killing u3002 The opinions of the prosecution and the defense shall be adopted.
As for the part of civil compensation, the defendant Li zongmeis criminal act caused economic losses to Zhangs relatives, which should be compensated according to law. The plaintiff of the incidental civil action, Zhang Jiajia, claimed that the defendant Li zongmei should pay 43293 yuan for the funeral expenses, which is supported by facts and legal basis. Although the corresponding evidence has not been provided, the expenses for handling funeral affairs should be paid, and the amount of expenses is reasonable, which should be supported. The compensation for death, the living expenses of the dependants and the consolation money for mental damage claimed by the plaintiff Zhang in the incidental civil action do not belong to the scope of compensation for civil suit incidental to criminal proceedings and are not supported.
To sum up, the fact that the public prosecution organ accused Li zongmei of intentional homicide is clear, the evidence is accurate and sufficient, and the accusation is correct, which is supported. Although the defendant Li zongmei caused one death and one minor injury with a knife, his criminal means were cruel and his will to kill was resolute. However, after he was brought to the case, he confessed his crime truthfully, voluntarily confessed his crime, obtained the understanding of the victim Ren, and paid part of the compensation to our court. In addition, considering that the two victims had major faults in this case, in summary, the public prosecution organ proposed to sentence the defendant Li in court Zong Meis suggestion of life imprisonment is in accordance with the law and adopted. The plaintiffs opinion that the defendant Li zongmei should be sentenced to death with a two-year suspension of execution without reaching an agreement or understanding is not completely consistent with the penalty that should be determined by the causes and consequences of the case, the victims fault or not, and the defendants attitude of confession and consistent performance after the case was committed. The court will not accept the opinion. Accordingly, in accordance with Article 232, paragraph 3 of Article 67, paragraph 1 of Article 57, paragraph 1 of Article 64, paragraph 1 of Article 36 of the criminal law of the peoples Republic of China, paragraph 1 and paragraph 2 of Article 155 of the interpretation of the Supreme Peoples Court on the application of the law, as well as several issues concerning the application of law by the Supreme Peoples court in the trial of cases of compensation for personal injury According to Article 27 of the interpretation, the judgment is as follows:
1u3001 The defendant Li zongmei committed the crime of intentional homicide and was sentenced to life imprisonment and deprived of political rights for life;
3u3001 A machete was confiscated.
If you refuse to accept this judgment, you may appeal to the higher peoples Court of Jiangsu Province through the court or directly within 10 days after receiving the judgment. In case of a written appeal, one original and two copies of the appeal shall be submitted.