Zhang said that the reason why he and his wife Liu mou clashed again was because Liu went out to work and refused to take him. Liu took the knife and said that he was going to hack him to death, he thought that this was Liu's habit of talking, but only to scare him, until after being cut by Liu's finger, he was annoyed, grabbed the knife and cut at Liu. "I can't remember how many knives I stabbed, but my mind went blank."
On September 20, 2020, Liu Mou, who was unable to bear domestic violence, made a solemn decision - to sue for divorce.
Liu remarried and married with her husband Zhang, 8 years of marriage, a chicken feather. In her daughter's memory, her mother often complained bitterly, saying that "Zhang Would suspect that she had someone outside because she came home late, and started to scold, which has often happened since 2012." ”
Just 2 months after Liu sued for divorce, in the law firm office opposite the court, she once again chose to forgive.
"Zhang mou did not want to divorce, begged Liu mou for more than two hours, and gave Liu a kneel, and Liu agreed to withdraw the case." Liu's lawyer at the time remembered that at 11:00 a.m. on October 9, 2020, Liu wrote down an application for withdrawal and left with Zhang.
3 hours later, Liu was shot with more than 20 knives and fell in a pool of blood, and the murderer was Zhang Mou.
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On February 9, 2022, Xiaoxiang Morning News reporter learned that Zhang was sentenced to life imprisonment for intentional homicide, and at the same time, Liu's children also filed a criminal incidental civil lawsuit, claiming more than 870,000 yuan and demanding severe punishment for Zhang, and was awarded more than 30,000 yuan in the first instance.
"Liu has not lived with his children and has been living with Zhang. From the situation she learned, she did suffer from domestic violence, and she had not thought of using other ways to seek help before. There seems to be some other emotional dispute between the two. The lawyer representing Liu's children revealed to reporters that for the results of the first-instance trial, Liu's children did not continue to appeal, and the case did not enter the second-instance trial procedure.
The woman sued for divorce after her husband's domestic violence
Liu is remarried and married to Zhang. In Liu's complaint and other materials, it is recorded that on May 10, 2013, Liu and Zhang were married, and in September 2020, Liu filed for divorce on the grounds of Zhang's domestic violence and infidelity.
Liu has two sons and a daughter, and the lawyer representing Liu's children told Xiaoxiang Morning News that after remarriage, Liu did not live with his children, but lived alone with Zhang. Judging from the situation learned, Liu mou after marriage was subjected to domestic violence.
In the eyes of the relatives of the two, the relationship between Liu and Zhang after marriage is not harmonious.
Zhang's son described his father, who was more than 1.6 meters tall, of medium stature, with legs and feet, and worked as a security guard at a local food factory. Liu Mou is 52 years old, more than 1.6 meters tall, slightly fat, and usually sells baked sweet potatoes on the street. "I only know that they have a disagreement, they often quarrel, about a month or two ago, they fought, and the police station also sent out police, all of which were skin trauma." Zhang's son only learned from his father's nagging that his father said that he would give Liu all the money he earned, but Liu refused to spend money on him.
At that time, the police record sheet of the public security organ recorded that on the evening of September 20, 2020, Liu and Zhang had a quarrel over family trivia, and there was abusive behavior, zhang started to punch Liu, and after mediation, the police gave up calling the police and negotiated on their own.
Liu also complained to his daughter many times, saying that he had suffered domestic violence. "On September 20, 2020, Zhang Mou beat my mother at home because of trivial matters, and my mother called the police, and after I knew, I took my mother to live in my house. The mother said that Zhang Mou was suspicious and would be suspicious because she came home late, suspecting that she had someone outside, and beating and scolding her, which often happened since marriage. Liu's daughter revealed that after being beaten on September 20, 2020, her mother made up her mind to divorce.
Zhang's biggest suspicion is that Liu has an improper male-female relationship with others. This point, the lawyer representing Liu's children also confirmed to the Xiaoxiang Morning News reporter, "In addition to domestic violence, there is also an emotional dispute between Liu and Zhang, and in Zhang's statement, he believes that it is Liu's problem." ”
However, in the facts ascertained by the court, it was not found that Liu had an ambiguous relationship with others.
This "other" points to Zhang's cousin. His cousin claimed that he and Liu had no improper male-female relationship and no other feelings. The two had no contact before, and later because Liu and Zhang wanted to divorce, he was entrusted by Zhang to persuade Liu not to divorce.
In the extracted mobile phone information of Liu, there was no ambiguous chat interaction between her and her husband's cousin in the WeChat chat voice record before the crime. WeChat voice records prove that Zhang's cousin advised Liu to give Zhang a chance not to divorce.
The husband knelt down to beg for forgiveness, and she was killed after withdrawing her complaint
The last time Liu's daughter saw her mother was at 8:00 a.m. on November 15, 2020. "My mother left from my house to go to the lawyer and prepare to sign a divorce with Zhang. At noon that day, my mother revealed on the phone that I was with Zhang, and the lawyer said that the two had reconciled, but I was still a little worried, and I called my mother and Zhang's phone, and I couldn't get through. ”
The testimony of Liu's lawyer at the time shows that on October 9, 2020, he accepted Liu's entrustment to represent Liu in a divorce case between Liu and her husband. On the morning of November 15 of the same year, he asked Liu and Zhang to go to the Xiangshan District Court in Huaibei City, Anhui Province, to apply for an agreed divorce, and the two arrived at his office at about 8:30 a.m. Zhang Mou did not want to divorce, bitterly begged Liu Mou for more than two hours, in the middle Zhang Mou also gave Liu Mou a kneeling and promised: in the future, they will listen to Liu Mou, go out to work and earn money to Liu Mou, and previously borrowed Liu Mou's family money and wrote an IOU. Liu agreed to withdraw the case and wrote an application for withdrawal. ”
The lawyer said that at about 11 a.m., Liu and Zhang left together, and it was normal when they left. "The complaint written by Liu Mou for divorce is probably based on poor feelings, domestic violence and marital infidelity, but no specific evidence and examples are given."
3 hours later, Zhang called the police, saying that he had killed Liu because of family trivia.
From getting back together to killing his wife, what happened in just 3 hours?
Anhui Huaibei Municipal Court trial and ascertained that after Liu withdrew the lawsuit under Zhang's pleading, at more than 1 p.m. on November 15, 2020, the two returned to their home in Xiangshan District, Huaibei City, and there was a dispute over going out to work and other matters, Liu took a knife and slashed the finger of Zhang's right hand, Zhang took the knife from Liu's hand, and then stabbed Liu's chest and abdomen with more than ten knives in succession, resulting in his death, and after Zhang purchased pesticides to commit suicide unsuccessfully, he called the police on 110. After identification, Liu Mou met the requirements of being stabbed in the chest by others with a single-edged sharp object, resulting in heart rupture and death.
It was also found that Zhang Mou reported to the police that he killed his wife with a knife due to family conflicts, and the police immediately rushed to arrest her.
"Liu and I got divorced and went out to work. I don't think the relationship broke down and didn't agree to divorce. After arguing for a while, saying that she laughed again, I hugged her, kissed her a few times, said that she could not leave, she said that she would not leave to give her money to spend, give ten thousand yuan, I agreed to go home and take it. Zhang said that the reason why he and Liu clashed again was because Liu went out to work and refused to take him. Liu took the knife and said that he was going to hack him to death, he thought that this was Liu's habit of talking, but only to scare him, until after being cut by Liu's finger, he was annoyed, grabbed the knife and cut at Liu. "I can't remember how many knives I stabbed, but my mind went blank."
Zhang called his son, drank the pesticide he bought, and lay down next to Liu. When his son arrived, he scolded him for "doing." After that, Zhang was sent to the hospital by the public security organs for rescue.
The argument was dismissed by the court, and the lawyer: the family did not appeal again
After Zhang was prosecuted on suspicion of intentional homicide, Liu's children also hired a lawyer to file a criminal incidental civil lawsuit.
The lawyer on behalf of the lawyer revealed to the Xiaoxiang Morning News reporter that Liu's children's demand was to pursue the criminal responsibility of Zhang Mou's intentional homicide in accordance with the law and impose a heavier punishment, and sentence him to death immediately; to compensate the plaintiff in the civil lawsuit for death compensation, funeral expenses, spiritual consolation and other losses totaling more than 870,000 yuan.
At the first-instance trial, Zhang argued that he did not want to kill Liu in advance, and he could defend himself when he suffered serious personal damage. Zhang's agent also believes that Zhang mou is a crime of passion that caused death, and there is an act of excessive legitimate defense.
After being cut off by his wife with a knife and cutting his finger, was Zhang Mou's behavior legitimate defense?
In this regard, the Huaibei Intermediate People's Court made an explanation in the judgment.
The court held that Zhang mou had a dispute with the victim because of family trivia, grabbed the knife after being cut off his finger, and then used the knife to stab the victim's chest and abdomen with more than 10 knives in a row, accompanied by stabbings on the limbs, forming as many as 20 knife wounds, after stabbing, Zhang did not take any rescue behavior, and finally the victim died due to heart rupture, combined with the confession of the defendant Zhang, his idea at that time was to kill the victim and then commit suicide, and the two died together. It is proved that Zhang X subjectively had the intention to kill Liu X, objectively committed the criminal act of depriving others of their lives, and the defendant Zhang X's conduct met the elements of the crime of intentional homicide.
In the process of arguing between Zhang and the victim, the victim casually took a knife from the window sill and cut the defendant's finger in order to get rid of the defendant's entanglement and leave the scene to go out to work, and the defendant knew it. After the victim's knife was taken down by Zhang, it was no longer threatening, and Zhang stabbed the victim continuously in the chest and abdomen until the victim died, subjectively not having defensive intent, but intentionally killing.
Zhang took the initiative to report the case and waited at the scene, and after returning to the case, truthfully confessed the facts of the crime, it is a voluntary surrender, and a light punishment can be given in accordance with law. This case was caused by a marital and family conflict, and the victim's behavior was directly responsible for the intensification of the contradiction, and Zhang could be given a lighter punishment as appropriate.
Zhang Mou should compensate more than 39,000 yuan for the economic losses caused by his criminal acts to the plaintiff in the attached civil lawsuit according to law, and the death compensation and spiritual consolation money claimed by the plaintiff in the attached civil lawsuit will not be supported because they do not fall within the scope of compensation for the criminal attached civil lawsuit. The first instance convicted Zhang of intentional homicide and sentenced him to life imprisonment and deprivation of political rights for life;
Zhang compensated the plaintiff for economic losses of more than 39,000 yuan in the attached civil action.
The lawyer representing Liu's children told Xiaoxiang Morning News that after the first-instance judgment, Liu's children did not appeal again, and the case should not have entered the second-instance trial procedure.
Xiaoxiang Morning News reporter Zhou Lingru intern Zheng Yilin