Old Yang of Guiyang heard that his wife Liao had cheated, so he carried a wooden stick home to catch the adulterer. As soon as they entered the bedroom, Liao and the third person, Zhao, were doing something reckless. What is even more outrageous is that Old Yang is only 5 years old daughter

Old Yang of Guiyang heard that his wife Liao had cheated, so he carried a wooden stick home to catch the adulterer. As soon as they entered the bedroom, Liao and the third person, Zhao, were doing something reckless. What is even more outrageous is that Lao Yang's daughter, who is only 5 years old, sleeps in bed, and his wife also lets her children call Zhao "Zhao Daddy".

Old Yang picked up the stick and hit Zhao Mou until he knocked the other party to the ground and did not move. After he calmed down a little, he immediately dialed 120 and sent Zhao to the hospital for rescue, but Zhao still died of his injuries. In the end, Lao Yang was sentenced to ten years in prison for intentional injury.

【Legal Analysis】

First, Zhao Mou eventually died, why was Lao Yang convicted of intentional injury instead of intentional homicide.

The main difference between intentional injury and intentional homicide is whether the suspect's supervisor intends to harm the body of another person or to claim the life of another person.

In this case, because Lao Yang was stimulated, he beat Zhao with a wooden stick, and finally dialed 120 to send Zhao to the hospital for rescue, which shows that Lao Yang did not want to take Zhao's life, otherwise he would not dial 120, so Lao Yang is not guilty of intentional homicide.

Second, Liao, as a wife, actually did something with others, liao is undoubtedly at fault, but can Lao Yang ask for divorce with this kind of fault.

The Civil Code stipulates that if the husband and wife are remarried or cohabitated with others, the court will determine that the relationship between the husband and wife has broken down and order a divorce. However, in this case, Liao only cheated and did not reach the situation of bigamy and cohabitation, and if Lao Yang sued the divorce court on this ground, it would generally not support it.

Third, Liao actually did this kind of scrupulous thing in front of the child, as a married woman and the mother of a 5-year-old child, it is really shameless. Old Yang and the child stall on this kind of woman is really unlucky!

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