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"Who told you not to cut ties with my wife?" In Jiuquan, Gansu, the man Zhai found that his wife He had betrayed him, and maintained a male-female relationship with the strange man Ru, who had planned to be his wife

author:Yan Zai Kanfa

"Who told you not to cut ties with my wife?" In Jiuquan, Gansu, the man Zhai found that his wife He had betrayed him, and maintained a male-female relationship with a strange man, Ru, and had intended to forgive the two after his wife and Ru broke off their relationship, but the wife still concealed that she and Ru maintained an improper relationship and was dissatisfied.

One day in July 2021, Zhai contacted Ru through his wife's mobile phone and agreed to meet near a gas station. After Ru went to the appointment, Zhai directly dragged Ru to the desert beach, holding a strong flashlight he carried with him to hit Ru, accompanied by punches and kicks, and electrocuted Ru's body. Subsequently, Zhai stripped Ru of his clothes to take pictures, sent the photos to his work group, and damaged his mobile phone. After the incident, Zhai and Ru reached a settlement agreement, compensated for the losses, and obtained a letter of understanding. After identification, Ru's physical injuries reached the first degree of minor injuries. (Source: China Judgment Documents Network)

#Law Popularization Action# 

I have to say that Zhai, as a man, must be unbearable when he meets his wife who cheats on other men, especially the victim Ru still maintains an improper relationship with Zhai's wife after being discovered, emotionally, his wife and family are the bottom line of men, and Zhai's behavior of beating Ru is still understandable. However, the law is not merciless, in any case, unless the statutory circumstances, Zhai has no right to illegally infringe on the body of others, and what awaits him will be the punishment of the law.

Legally speaking, Zhai X, because of an emotional dispute, was dissatisfied, beat Ru X, with obvious injury "intentionality", the victim Ru X after being beaten and electric shocked by Zhai X, after legal appraisal, the physical injury reached the first level of minor injury, has reached the standard of prosecution for the crime of intentional injury. Therefore, Zhai has already constituted the crime of intentional injury.

According to article 234 of the Criminal Code, etc., intentional injury to another person's body reaches the level of minor injury or above may be investigated for criminal responsibility. Whoever commits the crime of intentional injury shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If the consequences of more than serious injury are caused, they will face an aggravated sentence.

In this case, the victim Ru X was caused to suffer minor injuries of the first degree, and if there were no other special circumstances, he should be sentenced within the scope of fixed-term imprisonment of less than 3 years. Specifically, the victim Ru knew that He was a married woman, still maintained the relationship between men and women, and after being discovered, as always, it was obvious that there was a certain fault for causing damage, and a lenient punishment could be given as appropriate.

At the same time, after Zhai was arrested, he was able to truthfully confess his crimes, confessed, confessed leniently, resisted strictly, and could be given a light punishment according to law. Moreover, this case is caused by civil conflicts, which is in line with the circumstances that can be criminally settled, zhai and Ru reached a criminal settlement agreement, actively compensated for the losses, obtained a letter of understanding, and admitted guilt and accepted punishment, and they can be given a light punishment. 、

After considering the above sentencing circumstances, the court sentenced Zhai to 6 months in prison, suspended for one year, which had a legal basis, did not exceed public expectations, and was relatively reasonable.

As Zhai Mou, the practice is obviously not very wise, to know that there are only 0 times and N times of cheating, when the first time is found, it should be decisively divorced, so that it is good to get together, and advocate divorce damages, rather than continue to tolerate, and should not hurt people, resulting in being held criminally responsible, although Zhai Mou does not need to execute the actual sentence after the probation is completed, but it is not worth it after leaving the case.

Moreover, Zhai also sent nude photos of the victim Ru to the working group, which does not constitute a crime, but it is already a civil tortious act, and may also face tort liability such as compensation and apology and compensation for damages claimed by Ru.

What are your views on this case? #Jiuquan Headline##Suzhou ##甘肃身边事 #

"Who told you not to cut ties with my wife?" In Jiuquan, Gansu, the man Zhai found that his wife He had betrayed him, and maintained a male-female relationship with the strange man Ru, who had planned to be his wife

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