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the second trial of the case of "a man holding a brick and killing the attacker" upheld the original verdict, and the defense lawyer said he would apply for a retrial

2024-09-21

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jimu news reporter li ying

on september 20, the second-instance verdict of the case of inner mongolian man hao mouyu, who was sentenced to ten years in prison for killing someone with a brick, was made by the xing'an league intermediate people's court of inner mongolia, rejecting the appeal of defendants hao mouyu and wang moudi and upholding the original verdict. hao mouyu's defense lawyer said that he would apply for a retrial according to the procedure.

on the 21st, jimu news learned from hao mouyu's defense lawyers, zhu xiaoding and cao zongwen from beijing cailiang law firm, that the xing'an league intermediate people's court ruled that appellants hao mouyu and wang moudi intentionally injured others and caused death, and their actions constituted intentional injury. the original court's conviction was accurate and the sentence was appropriate.

according to jimu news, on august 17, 2020, at the gate of yilin community in arxan city, inner mongolia, the victim guo moujun repeatedly slashed the defendant hao mouyu with a knife until wang moudi, who was traveling with him, snatched the knife away. the first-instance judgment stated that after slashing people, guo moujun left the scene, while hao mouyu and wang moudi had a brief exchange at the east gate of yilin community and rushed in the direction where guo moujun left. during the process, hao mouyu and guo moujun quarreled and fought. after wang moudi drove over, he kicked guo moujun twice and caused him to fall to the ground. hao mouyu hit guo moujun on the head several times with a brick. 21 days after the incident, guo moujun died of severe craniocerebral injury.

screenshot of surveillance video (photo courtesy of the interviewee)

in 2021, the procuratorate believed that hao mouyu's behavior constituted "excessive defense" and decided not to prosecute him. but a year later, the higher procuratorate revoked the decision and the case was sent back for review and prosecution. in april this year, the arxan municipal people's court made a first-instance judgment, finding that hao mouyu's behavior constituted intentional injury and sentenced him to ten years in prison, while wang moudi was sentenced to three years in prison with a four-year reprieve. the two appealed.

hao mouyu's defense lawyer believes that the blunt force trauma on hao mouyu's face caused by bricks proves that the victim's unlawful infringement on hao mouyu continued after the two left the community gate, and therefore hao mouyu's behavior should be deemed as legitimate defense.

in this regard, the second-instance court held that after the two fled the scene to the north, the first phase of the conflict had ended, and hao mouyu could have chosen to call the police or seek medical treatment, but his pursuit of guo moujun triggered the second phase of the conflict. the fact that he caught up with and hit guo moujun showed that hao mouyu's behavior was out of revenge and intention to hurt guo moujun and was not defensive in nature. the other defendant wang moudi's kicking guo moujun down caused guo to lose the ability to fight back and escape. therefore, wang moudi's behavior was intentional to jointly hurt guo moujun.

on the morning of the 21st, hao mouyu’s lawyer told reporters that he would apply for a retrial in accordance with the procedures.