Father and son had a property dispute after drinking.
A 27-year-old college student is an employee of a company in Beijing. In February 2009, she was administratively detained for five days for being drunk and making trouble. On the afternoon of April 4th, 2065438+061kloc-0, Chi had a verbal conflict with his father (54 years old) after drinking. Later, Chimou fought with his father at home and in front of the unit building where he lived. In the meantime, he punched and kicked the other person's head, face, body and other parts, resulting in his brain injury complicated with hemorrhagic shock and death. On the same day, Chi was arrested and brought to justice.
It is reported that the deceased family of three lived with their parents. At noon that day, the family and the classmates of Chi's son's early education class had dinner at home. Chi's father and son drank about two bottles of white wine. After the guests left in the afternoon, Chi and his mother Zhang chatted in the living room. When it comes to the distribution of grandmother's family's estate, Zhang's opinion is unnecessary, but Chi wants his mother to put it forward. At this time, the late father who was resting in the second bedroom went to the living room and said, "Your grandmother's house has nothing to do with us." The father and son quarreled.
The man claimed that his father did it first.
According to Chi's confession, the father knocked over the hot pot on the table and the two scolded each other. After his father picked up the thermos bottle on the table and hit the left side of his head, the inner container of the thermos bottle burst, and the debris splashed into his eyes and kicked the back of his left thigh. Chimou hit his father's face and kicked him several times in the abdomen. After Chifu left home, Chimou chased the first floor door and kicked his father to the ground.
At 5 o'clock in the afternoon, Chi was smoking in the kitchen at home when his late father came in. "He scolded me, saying that I was good at it and dared to hit him. I was so angry that I grabbed his neck with my right hand and pulled it back, and his body hit the cabinet. " Chi said that when his father reached for a knife and said that he would chop him to death, he grabbed the knife and put his head out for the other party to chop. "He grabbed my hand with a knife and cut it on his head. It should be cut. I pushed him away, his head hit his back and the knife fell off. When I saw him getting up to take a knife, I kicked him three or four times in the head, and then he stopped moving. "
Chi sat in the living room for a while, but when he saw that his father was quiet and unresponsive, he dragged him to the elevator door in the corridor on the second floor. I want to throw my father in the corridor and drag him into the living room. After more than ten minutes, the police rushed to the scene after receiving an alarm from Zhang.
The police can still smell the alcohol on the pool. After the emergency doctor went downstairs, the police asked his family to pick him up downstairs, and Chimou wanted to stop him. The doctor asked for the treatment fee, and Chi said he had no money. "I am still angry and hate my father." He explained afterwards.
After diagnosis, the deceased father suffered three lacerations on the top of his head and forehead, and his face was bruised in many places, and he was no longer breathing. Because the doctor said that Chi's father's injury required craniotomy, but there was little chance of saving his life, Zhang gave up treatment. That night, the late father announced his death.
Zhang said that the husband always ignores his family and has a bad relationship with his son. Before, they had a quarrel after drinking. Chimou's wife said that she had heard Chimou say that her father didn't care about home and he liked to drink. After drinking, he quarreled with his mother.
Relatives forgive men and get a light sentence.
Chi pleaded guilty in court, and his defender pointed out that the victim was at fault for the intensification of contradictions and the occurrence of the case. After active rescue, the victim Zhang died because of the delay in ambulance rescue and giving up treatment. This case was triggered by contradictions among the people. Chi has obtained the understanding of his close relatives, and is a first-time offender and an occasional offender. It was suggested that he should be given a lighter punishment.
The court held that although Chi's confession, Zhang's testimony and Chi's appraisal of the degree of human injury that constituted minor injuries confirmed that the victim had beaten Chi, this behavior did not necessarily lead to the follow-up behavior of Chi's death. Especially after the victim left home, the victim's behavior cannot be evaluated as a wrong behavior in the sense of criminal law.
Chi did not take the initiative to call the emergency number in time, and the emergency doctor did not take effective cooperation measures after arriving at the scene. There is a direct causal relationship between Chi's injury behavior and the victim's death. There is no evidence to prove that the emergency personnel delayed the treatment. Zhang gave up the treatment only after the doctor clearly told him that there was little chance of rescue and there was no cure without active treatment.
In view of the fact that the case was triggered by family conflicts, Chi was able to truthfully confess and obtain understanding between close relatives after arriving at the case. The court sentenced him to a late term of imprisonment for intentional injury 10 years.