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"if someone breaks into your house and scolds you or beats you, can't you fight back?" he zhengneng from xiangming village, dao county, yongzhou city, hunan province, has never been able to understand what has happened to him.

on september 11, 2023, he zhengneng and his wife were watching tv at home when a drunk in the village came to make trouble and insulted he zhengneng's wife and daughter. after repeated persuasion failed, he zhengneng chose to call the police. unexpectedly, while waiting, the drunk beat him with a wooden stick. he zhengneng knocked the drunk down in the counterattack, causing the other party to suffer a second-degree minor injury. the dao county people's court in hunan sentenced he zhengneng to six months in prison for intentional injury. faced with this result, he zhengneng could not understand.

mr. and mrs. ho ching-neng

drunk man fights back after being beaten after breaking into home

at 18:00 on september 11, he zhengneng and his wife from xiangming village, yongzhou, were watching tv at home when he mouhui, who lived about 100 meters away from their home, staggered to he zhengneng's home. after just a greeting, he mouhui began to insult them with foul language.

"he said, 'i can chop off your head, i'll cut off your skull in three days' and other dirty words." he zheng saw that he mouhui was drunk, so he advised him to go home and not to cause trouble after drinking. he also called he mouhui's relatives, hoping that they would persuade he mouhui to go back. because he was worried that he mouhui would have extreme behavior after drinking, he called 110 to report the incident. about 3 minutes later, he mouhui was persuaded to leave and left through the side door.

he zhengneng, who had just returned to the house, suddenly heard the sound of stones hitting the wall, so he came out to observe and saw he mouhui clinging to the wall. worried that he mouhui would cause trouble again, he zhengneng called he mouhui's relatives again and asked them to persuade him to go home and stop causing trouble and insulting.

when he zhengneng was making a phone call in the house, he mouhui came down from the wall, unfastened the iron bolt of he zhengneng's front door and entered the yard. he smashed the bolt on the table in the living room and continued to insult him.

the iron bolt on the gate of he zhengneng's yard

"i advised him to stop swearing and go home to rest. i talked him out of the living room while reasoning with him. on the way out of the living room and out the door, he mouhui continued to swear." he zhengneng recalled that after he mouhui got out of the door, he picked up a tile from the roadside, shouted that he would smash zhengneng to death, and threw the tile into the yard.

"your wife sleeps with me, your daughter lets me sleep..." he mouhui's constant insults made he zhengneng's wife so angry that she picked up a pole from the yard and pretended to drive him away. he mouhui picked up a wooden stick from the roadside and continued to insult he zhengneng's wife and daughter at the gate. after he zhengneng called the police again, he called he mouhui's daughter's wechat again and made a video call. when his daughter talked to he mouhui and persuaded him to leave, he mouhui raised the wooden stick and hit he zhengneng hard.

he mouhui raised a wooden stick and hit he zhengneng

the video shows that he mouhui suddenly raised a wooden stick and hit he zhengneng, hitting his right hand and his mobile phone on the ground. after being hit, he zhengneng retreated to the yard, dodged the second stick, and then took the pole from his wife's hand to fight back. the wooden stick in he mouhui's hand hit the iron gate and broke. he zhengneng took advantage of the situation to knock he mouhui to the ground and hit he mouhui's left leg with a stick. he zhengneng then retreated to the yard, and he mouhui lay on the ground.

the wooden stick broken by he mouhui

after fighting back, he was convicted of intentional injury

on the same day, he mouhui went to dao county traditional chinese medicine hospital for examination and found that he had a comminuted fracture of the upper and middle part of his left tibia, fractures of the 3rd and 4th metacarpal bones of his left hand and the 5th metacarpal bone of his right hand, and a fracture of the distal phalanx of the middle finger of he zhengneng's right hand.

on september 18, 2023, the lianxi judicial appraisal institute of yongzhou city made an appraisal of the extent of he mouhui's injury. he mouhui's comminuted fracture of the upper and middle part of the left tibia was a first-grade minor injury; he mouhui's distal fractures of the third and fourth metacarpal bones of the left hand and the complete fracture of the fifth metacarpal bone of the right hand were second-grade minor injuries. on november 21, 2023, the lianxi judicial appraisal institute of yongzhou city made a supplementary appraisal of he mouhui's injury. he mouhui's linear fracture of the right parietal bone was identified as a second-grade minor injury. he zhengneng's injury was a minor injury.

the sentencing recommendation of dao county people's procuratorate shows that he zhengneng beat others due to a dispute and caused first-degree minor injuries. his behavior violated article 234, paragraph 1 of the criminal law of the people's republic of china. the facts of the crime are clear and the evidence is sufficient. he should be held criminally responsible for intentional injury.

after the case was heard by the dao county people's court of hunan province, the dao county people's court held that the defendant he zhengneng intentionally injured others, causing minor injuries, and his behavior constituted the crime of intentional injury. the public prosecution agency accused the defendant he zhengneng of the crime of intentional injury with clear facts, true and sufficient evidence, and the charge was established.

the verdict shows that the defendant he zhengneng and his defense lawyer argued that he zhengneng was acting in self-defense and did not commit a crime. upon investigation, the victim he mouhui made trouble at the door of the defendant he zhengneng's house after drinking and first injured he zhengneng. he zhengneng grabbed his wife's carrying pole and rushed out of the yard to beat he mouhui. after he mouhui's stick fell to the ground, he zhengneng continued to beat he mouhui until he fell to the ground. after he mouhui fell to the ground, he zhengneng raised the carrying pole that had been put down and hit he mouhui's left calf again, causing he mouhui to be slightly injured. he zhengneng's behavior reflected his intention to actively attack.

based on the facts and circumstances of this case, this court has decided that the defendant he zhengneng shall bear 40% of the economic losses of the plaintiff he mouhui in the ancillary civil lawsuit. the defendant he zhengneng was convicted of intentional injury and sentenced to six months in prison.

the person involved had caused trouble many times and the villagers were worried that they would be harassed in the future

faced with the verdict, he zhengneng and the villagers of xiangming village have different opinions.

"the indictment does not mention that he mouhui illegally entered my home many times, threw stones, and insulted me with obscene language." he zhengneng said, if someone enters your home without permission, threatens to kill you, insults your family with obscene language, and beats them, can't you fight back?

he zhengneng disagreed with the court's determination that his behavior showed an active attacking intention. "after being hit, one of my fingers was broken and the other fingers were swollen. it was excruciatingly painful at the time." he zhengneng said that after being hit, he instinctively fought back. he was so nervous that he didn't think too much.

"the entire conflict lasted only a dozen seconds. after the other party fell to the ground, he kept saying that he wanted to beat me to death. i was afraid that he would hit me again after he got up, so i hit him on the leg. in the video, you can see that i never let go of the carrying pole." he zhengneng said that one of his fingers was shattered and fractured. in the end, the other party did not bear any responsibility, but he was convicted of intentional injury.

the bloodstains are suspected to be left by he mouhui's head rubbing against the wall

"the wound on he mouhui's head was caused by him not being able to stand firmly when trying to persuade people to leave, and he rubbed against the wall of the courtyard. there are still traces of blood on the wall," said he zhengneng. after the incident, he went to the hospital to visit he mouhui. the hospital's medical records showed that he mouhui had a head ct scan after being admitted to the hospital on the day of the incident, which did not show a skull fracture, only a 6-centimeter wound. the video at the time showed that during the conflict, there was no image of he zhengneng hitting he mouhui's head with a stick.

what he zheng couldn't understand was that if the skull was fractured at the time, why didn't the hospital detect such obvious trauma? more than two months later, a linear fracture of the right parietal bone was identified.

"the entire conflict was recorded by the surveillance camera at home. after the incident, the video was taken away by the police. but when the court opened, the video was obviously edited." he zhengneng said that the video had many freezes and missing images, which was obviously processed. the part where he mouhui threw stones and tiles was edited, and many of the other party's curses were muted.

he zhengneng said that he and he mouhui had no conflicts or conflicts of interest. when he mouhui was bitten by a snake, he went to find a doctor without he mouhui's knowledge. "he mouhui often made troubles when he was drunk. because the two families lived not far from each other, he had made troubles at home after drinking many times." he zhengneng said that he mouhui had tried to molest his wife before, and brought gasoline and knives to his home and threatened to burn his whole family to death. later, he was persuaded to stay by he mouhui's relatives.

the wooden door that was chopped down by he mouhui

villagers in xiangming village told jinyun reporters that the villagers called he mouhui "mouhui crazy". he mouhui divorced early in his life and was the only one at home. his daughter worked in another place. he mouhui usually liked to drink and talk drunkenly. he liked to make trouble everywhere and even chopped down the doors of other people's homes with a knife, etc. he was never punished.

"he mouhui once tried to molest women in the village, and after being resisted, he chased them with a knife." another villager said that she was almost raped by him. in the process of resisting and escaping, he hit her head with a stone and bled. the village party secretary helped to call the police. she later had eight stitches on her head. he mouhui was not punished later.

the villager said that now everyone in the village knows about he zhengneng's case. he was not punished for causing trouble and beating people first, but was sentenced for fighting back. who would dare to resist he mouhui if he goes to someone else's house to cause trouble in the future?

lawyer's comment: the case cannot be judged based on the result of the infringement

after the verdict came out, he zhengneng felt that he was acting in self-defense.

hou zhiyuan, a lawyer at beijing zhongjian law firm, believes that this case is clearly a case of self-defense. the case did not "clearly exceed the necessary limits" and the minor injuries caused to the other party did not "cause serious damage." therefore, the defender should not be held criminally liable for intentional injury.

according to the "guiding opinions on the legal application of the legitimate defense system" (hereinafter referred to as the opinions) issued by the supreme people's court, the supreme people's procuratorate and the ministry of public security, whether it obviously exceeds the necessary limits should be judged based on the nature, means, intensity, degree of harm of the unlawful infringement and the timing, means, intensity, and consequences of the damage of the defense, the comparison of the power of both parties, the situation of the defender at the time of defense, and the general cognition of the public.

lawyer hou said that in this case, the other party first used sticks and other weapons to cause trouble and illegally entered the residence, and the defender then fought back with a carrying pole, and did not repeatedly hit the other party after he fell to the ground, so the intensity of the defense was equal.

in this case, it is not right to blame the defender for automatically assuming that the attacker no longer has the ability to continue the attack after he falls to the ground, and then categorize the continued attack as intentional injury. legitimate defense requires putting oneself in the other person's shoes and thinking from their perspective, and not standing in a god's perspective. the "opinion" also holds the same view: "fully consider the urgency and nervousness of the defender when facing unlawful infringement, and avoid judging the defender with calm, rational, objective and precise standards under normal circumstances afterwards."

the opinion also points out that "minor injuries and below are not considered major damages." therefore, even if the defensive behavior obviously exceeds the necessary limit but does not cause major damage, it should not be considered excessive defense. the perpetrator in this case has caused trouble after drinking many times and has a bad record in the village. at the time of the incident, he shouted, insulted, threatened and intended to invade the defender's house with a weapon in front of the defender's door, so legitimate defense can certainly be implemented against him.

you lei, director of the criminal department of beijing deheheng (dalian) law firm, believes that the court should not simply use the infringement results as the basis for judging the faults and responsibilities of each party. lawyer you pointed out that from the cause conditions, time conditions and intention conditions of this case, he mouhui illegally invaded other people's homes and took the lead in insulting and beating; he mouhui continued to beat with a wooden stick after being persuaded to leave many times, which has posed a real and imminent danger to he zhengneng; he zhengneng was trying to prevent he mouhui's illegal infringement from causing more serious consequences, and there was no intention to intentionally hurt he mouhui. therefore, it is more appropriate to characterize this case as legitimate defense. lawyer you also emphasized that in judicial practice, special attention should be paid to distinguishing between mutual fighting and legitimate defense, and avoiding using the severity of the injury consequences, that is, "whoever is seriously injured is the victim" as the basis for judging the case. when it is difficult to distinguish the nature of the case, "as i sue" can be used as a method of judicial substantive judgment, starting from the social ethical value judgment of ordinary people, and taking the socialist core values ​​as the benchmark for accurately applying the principle of legality of crime and punishment.