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50-year-old hao didn't expect that four years after he killed guo, who was stabbing him with a brick, the people's procuratorate of arxan city, inner mongolia, revoked the decision not to prosecute and put him in the dock of the criminal trial. hao's family members still don't understand why guo attacked with a knife. "my brother didn't have any deep hatred with the other party, and i don't know why he wanted to cut him."

it is understood that on august 17, 2020, hao and guo had an argument on the phone. after hao arrived at the gate of his community, guo chopped hao with a kitchen knife. wang, who was traveling with hao, took the kitchen knife and threw it on the roadside, and guo ran away from the scene. afterwards, the three clashed again, and hao beat guo with a brick, and guo died after more than 20 days of treatment in the hospital.

the court of first instance determined that hao's behavior constituted intentional injury and sentenced him to 10 years in prison. subsequently, hao appealed. on august 12, the intermediate people's court of xing'an league, inner mongolia autonomous region, held a second trial of the case.

▲content of the judgment of the first instance court

someone slashed me with a kitchen knife at the gate of the community

the two sides met again and the injured person killed the other party with a brick

on november 23, 2023, hao was arrested by the aershan municipal public security bureau on suspicion of intentional injury. his family was puzzled by his arrest because more than two years ago, the aershan municipal people's procuratorate had issued a decision not to prosecute. as for the case involving hao, his family said it was a fatal injury incident that occurred in 2020.

according to the criminal and civil judgment issued by the arxan people's court, at about 21:00 on august 17, 2020, hao and wang drove away after finishing their meal. on the way, hao and guo had an argument on the phone, and then hao and wang drove to the east gate of a community and met guo. guo used a kitchen knife to cut hao's head and hands. wang snatched the kitchen knife from guo and threw it on the grass by the roadside. guo then left the scene and ran north from the north-south road of the east gate of the community.

after a brief exchange with wang, hao rushed to the direction where guo had left. on the roadside east of building 13 in the community, hao and guo quarreled and fought. wang drove over and kicked guo twice, causing him to fall to the ground. hao hit guo on the head with a brick several times. guo's friend zhang rushed to the scene to stop them. later, wang drove with hao to the hospital for treatment. zhang and others sent guo to the hospital for treatment. guo died on september 7, 2020.

it was determined that guo died of severe craniocerebral injury. hao suffered a second-degree minor injury to his head and face. at the same time, it was determined that hao's left zygomatic arch fracture was a blunt instrument injury, which could be caused by a brick. after the incident, hao compensated guo's family for 383,000 yuan and obtained forgiveness.

regarding the situation at the time, hao's family told reporters that hao said that wang dropped him off at the gate of the community, and he had only taken two steps after getting off the car when guo suddenly jumped out and chased him with a knife. "my brother said he didn't know why he chopped me, and he and i don't have any deep hatred." at the same time, they have always been curious about where guo got the kitchen knife, "it's impossible for him to have a knife out of thin air."

in addition, the family member also said that after wang got out of the car and grabbed the knife, he and hao had a brief conversation of a few seconds. "my brother said to wang, 'i'm going to the hospital, you go get the car after that.' my brother walked north because the north is just over 800 meters away from the community gate, and he can see our only hospital when he stands at the community gate."

the court of first instance held that it was not a special defense

the injured person was sentenced to 10 years in prison

the reporter noticed that in the above judgment, hao argued that he was running towards the hospital at the time, and guo appeared behind him and hit his left cheekbone, so he fought back. his defense lawyer argued that hao's behavior constituted special defense: 1. guo's knife-wielding and killing of hao was a serious assault in the sense of the criminal law, which met the prerequisites for special defense; 2. guo's unlawful infringement had been ongoing and had not ended; 3. hao's self-protection behavior did not have the subjective intention to harm, because guo attacked hao twice first, and hao passively counterattacked. in addition, wang also believed that he did not commit a crime. he saw guo hitting hao with a brick, and there was no better way at the time, so he kicked guo.

in terms of witness testimony, the reporter saw that the witness zhang said that she had spoken to hao several times that day because of borrowing books, and guo borrowed money from her and left her home. later, zhang heard someone outside shouting that her boyfriend (guo, ex-boyfriend) had a fight, so she went downstairs and called hao to say that guo had a fight with someone else, and asked hao to help take a look. zhang walked to the gate of the community and saw a man in white clothes kicking guo, and hao was also hitting guo with a brick. later, zhang called someone to send guo to the doctor. the doctor suggested transferring to another hospital. zhang took guo back to his home, and soon found that guo was incontinent and unconscious, so he and guo's family and friends sent guo to the doctor again.

witness wei said that he looked out of the window that night and saw two strange men coming from the south. one of them was walking in front, and the man who said he had chopped him was walking behind. during the quarrel between the two, one of the men kept repeating, "you have chopped me three times, are you going to chop me again?" about 3 minutes later, a car came from the south. the driver got out of the car and asked the strange man, "do you know who he is? why did you hit him?" the man who was chopped told the driver, "he chopped me three times," and then punched the strange man in the face. the strange man fought back, and the man who was chopped and the driver knocked the strange man to the ground together. the man who was chopped took something and hit the man who fell to the ground four times...

the court held that the actions of hao and wang constituted the crime of intentional injury, and the two were co-offenders. according to the evidence in the case, guo fled the scene after the knife was taken away. combined with the length of the conversation between the two defendants and the fact that hao ran north, it can be seen that the imminent danger and realistic possibility of illegal infringement no longer existed at this time. in this case, when guo was running north, hao had sufficient time to effectively avoid the occurrence of subsequent events, but hao still rushed to the same direction of guo and tore with guo by pulling, verbal stimulation, etc. after guo was kicked down, hao still used bricks to hit his vital parts many times, with the subjective intention of intentional injury. therefore, the court does not support the defense opinion raised by his defense lawyer that hao constituted special defense.

in the end, the court sentenced hao to ten years in prison for intentional injury; wang was sentenced to three years in prison, suspended for four years, for intentional injury; wang was ordered to pay 62,284.27 yuan to the family of guo.

does hao's behavior constitute legitimate defense?

became the key issue of the second instance trial

hao and wang both appealed the above judgment. on august 12, 2024, the xing'an league intermediate people's court held a second trial of the case. the reporter learned that during the second trial, the prosecution and defense had a fierce debate on whether hao's behavior constituted legitimate defense.

hao said in court that after being slashed, he intended to go to the hospital, but he ran into guo again not far away and was beaten. his defense lawyer also argued that guo used a kitchen knife, which was a sign of intentional homicide, and did not stop before wang took the knife, which could have caused hao's death. guo's illegal infringement continued without interruption, and hao used the brick in guo's hand, which was an act of legitimate defense. hao fled in the direction of the hospital, which happened to be the same direction as guo's escape.

wang also said in court that when he went to pick up the car, he saw guo beating hao with a brick in his hand. the public prosecutor believed that guo's intention to hurt hao had essentially ended after his knife was taken away and he left the scene. hao and guo's encounter again was a fight, and hao's behavior should be considered intentional injury.

▲notice of judicial appraisal opinion issued by the aershan municipal public security bureau

the reporter noticed that the alxa league public security bureau had previously issued a judicial appraisal report, which showed that hao's left zygomatic arch fracture was a blunt injury; the left zygomatic arch fracture could be caused by bricks.

on september 16, hao's defense lawyer zhu xiaoding told reporters that the case had not been sentenced in court and they would continue to defend hao's innocence.

red star news reporter sun zhao and luo mengjie