Do 85 bulls and 87 female rabbits match? Will they get divorced? 96 male rats and 99 female rabbits.

Will 85 bulls and 87 female rabbits match? Will they get divorced? Both groups have been wandering the streets for a long time, and many of them have criminal records. The two minors involved are only 13 years old. They didn't know each other before, and the fight only came from a few words in front of the hotel.

▲ Wu's photo with friends. Screenshot of page

The scuffle lasted only a few minutes.

Eight men broke into the room, and four of them rushed at 16-year-old Wu, punching and kicking. Wu was pinned to the bed. Suddenly, he took out a folding knife in one hand and stabbed it with his backhand. One person was stabbed in the abdomen and died after being rescued. Two others were stabbed.

Both groups have been wandering the streets for a long time, and many of them have criminal records. The two minors involved are only 13 years old. They didn't know each other before, and the fight only came from a few words in front of the hotel.

On March 2, 2022, the People's Court of Anfu County, Ji 'an City, Jiangxi Province held a hearing on this case. Because Wu was besieged and injured at the time of the crime, whether Wu belonged to self-defense became the focus of debate in the trial. Defence lawyers believe that Wu didn't deliberately fight, but waved his knife after the other side shouted provocation with a knife and was beaten, which constituted a legitimate defense against the attack.

On May 3 1 day, Anfu County People's Court made a first-instance judgment on this case. Wu's behavior was excessive defense, guilty of intentional injury and sentenced to eight years in prison. He also committed the crime of affray, sentenced to three years in prison, combined with several crimes, and decided to execute 10 years in prison.

However, eight days after the case was pronounced, the Anfu County People's Procuratorate protested that there was a sentencing error in the judgment, which led to excessive sentencing; The next day, Wu Xiang filed a criminal appeal.

On August 3 1, the case was heard in the second instance of the Intermediate People's Court of Ji 'an City, Jiangxi Province, but it was not pronounced in court. This case has once again caused public controversy. The next day, Ji 'an Intermediate People's Court issued a case report in response to the public, saying that it would make a fair judgment on the basis of a comprehensive and objective review of the facts of the case.

At the same time, it is also mentioned in the notice, and there are some past events of this 16-year-old dropout. Make enemies with people in hotels, chase students in schools, fight in KTV, and chop people up in bars. ...

▲ August 29th, room 4 10 of the hotel involved. In the early morning of May 8, 2022, there was a fight in this room. Beijing News reporter Luo Zhenyu photo

An invading stranger

In the early morning of May 8, 2022, the door of the hotel where Wu and his companion Xu Xin stayed was knocked.

Come on, they don't know each other. According to Xu Xin's memory, Wu went shirtless to open the door, and the other party asked a few words. Wu Shiyong replied, "Brother, you knocked at the wrong door." Then he closed the door.

A case record obtained by the Beijing News reporter shows that the knocker was nicknamed "Xiaohei" and his age was 19. He has served a year for the crime of stirring up trouble, and just got out of prison for four months at the time of the crime. Blackie's companion mentioned in his testimony that after the door was closed, Blackie said loudly to the people inside: "Come back (just stare), wait (wait), I'll call someone."

This street is the most prosperous place in Pingdu Town, Anfu County. Even in the middle of the night, the signs on the street are still shining. The hotel is located in the northeast corner of the intersection, six floors above and below, or it is only because of accommodation 100 yuan a night, and there are often "young people" who don't come back all night.

On the night of the murder, Wu He and a man and two women stayed in this hotel. He was originally from Yongxin County nearby, and rented a house in Anfu County more than half a month ago. One of Wu's companions told the Beijing News reporter that Wu had a conflict with a group of people in Yongxin County before, and his left arm was chopped by an axe and he had been recuperating for more than two months. In order to avoid the embarrassment of meeting acquaintances in his hometown, he went to Anfu County and planned to find a job as a waiter.

According to the verdict, on the evening of May 7, 2022, Wu and his companions sang and drank in KTV. At about 23: 00, 65,438+03-year-old Wu and Xu Xin took two girls to the hotel to check in. Shortly after opening the room, two girls went out and met three other men near the hotel.

The girls said in their testimony that the other party invited them to have a midnight snack together, but they didn't like one of them named "Xiaohei" and returned to the hotel.

Three people followed. Coincidentally, Xiao He lives in Room 405 of the same hotel. Back to the hotel, he passed by Room 4 10, heard the voices of two girls in the room, and knocked on the door of Room 4 10.

After being rejected, Xiaohe called two friends and said "someone wants to fuck him". Before his friend arrived, he went back to his room and took a dagger, and went to the second floor of the hotel where the sundries were kept, and took a wooden knife welded with steel pipes.

After the friend arrived, Xiaohe knocked on the door of 4 10 again, and no one answered. According to Xu Xin, who was in the house at that time, the sound of knocking at the door was louder than last time. "That kind of kick."

At about 0: 45 in the morning, Xiaohe went to the front desk of the hotel to get MasterCard, opened the door and returned to the door of 4 10.

▲ On August 28th, the location of the hotel was involved. Beijing News reporter Zuo Lin photo

A chaotic war

The door lock turned and five people entered room 4 10.

A room of more than ten square meters was occupied by two single beds. Xu Xin said that he and Wu didn't expect the other party to brush the door directly with the room card. The other side was tall and fierce, and shouted at them, "I'll give you face!" " "Give you time to call someone yourself."

The verdict shows that after the door was opened, the little black hand entered the room with a dagger and a firewood knife, leaning the firewood knife against the wall that entered the door, followed by the other four people. Blackie pointed a dagger at Wu, asked who they were, where they came from and who they were with, and asked Wu to call someone over. Wu hit him, saying that someone was going to hit him and told them to "bring something." Blackie's companions saw it and called someone.

The 22-year-old seafood was one of the last three people to arrive. His real name is Luo. After dropping out of junior high school, he went to work in other places and went back to Anfu's hometown every once in a while. His friends often call him "seafood". Before the incident, he was near the hotel and happened to meet a friend called by Blackie and his gang, so he went with him.

At 0: 48, three seafood people entered the hotel.

The battle took place in an instant. According to the verdict, someone in Xiaohei took off a slipper on his foot, threw it at Wu, touched the room with his finger and shouted "Hit". Wu hit back, seafood and other three people swarmed and hit Wu with their fists. The other man went to the bed and kicked Wu.

At this point, the phone has not been hung up by Wu. The companion who answered the phone told the Beijing News reporter that he heard a voice shouting from the opposite side: "Yongxin dares to go to Anfu to play gongs (Jiangxi dialect, meaning mixed society)!" In the meantime, mixed with the sound of slippers flapping, Wu shouted "Don't mess with me!" The network signal is interrupted.

The verdict shows that in the chaos, Wu took out the folding knife he carried with him and stabbed one person in the right shoulder, while the other person had blood flowing out of his waist. With the sound of "ah", seafood fell on the bed, clutching his stomach.

According to Wu's friend, this folding knife was purchased by Wu before the incident, a ***3, and the length of the knife is about 10 cm. Because he was "in trouble" by a group of Anfu people, Wu took one of them for self-defense.

After the seafood was stabbed, someone saw him trying to get the firewood knife, but he didn't pick it up and the firewood knife fell to the ground.

Wu confessed that when he saw the firewood knife being pushed to the ground, he threw a dagger, picked it up and waved it at each other a few times. The other party ran out. He ran after him with a steel pipe knife, stopped Xiaohei at the elevator entrance and warned him not to bother himself again. Xiaohei said yes, so he let Xiaohei go.

Wu chased the hotel with a wooden knife, and his companion picked up a dagger and followed. The crowd downstairs dispersed in a hubbub, and blood drops extended all the way from the hotel lobby. Seafood, wearing a white T-shirt and soaked in blood, fell in front of the hotel.

▲ Wu once wandered around the square with his companions. Beijing News reporter Zuo Lin photo

Become a fugitive

At about 0: 52, Wu left the hotel and ran towards the rental house.

"We thought the other side would fight back with weapons, so we went down with a firewood knife." Xu Xin told the Beijing News reporter that at the intersection near the rental house, they met three friends, including Liang Li, who just bought a fruit knife, and a red tassel gun and a folding knife that Wu had previously bought.

"I saw a lot of blood on his hands, and his whole head and back were swollen. He didn't say anything, but his finger was scratched. " Liang Li recalled to the Beijing News reporter that after several people met, Wu threw a machete on the side of the road and said that he had stabbed someone. I told everyone to run for fear of Wu's revenge.

He, Xu Xin and Liang Li hitchhiked to the countryside of Yongxin County and turned to Xinyu City on the way.

Wu told Liang Li about the scene of a fight, saying that several people surrounded him and threw him on the bed, but he couldn't turn over and felt suffocated. He can only stab him back with a knife. Liang Li said that after hearing the rumors of death, Wu still didn't believe it and kept saying "impossible"

According to Wu's companion's recollection, at 5 o'clock in the morning on the 8th, Wu and his party met in Xinyu and went to the hotel to check in. Soon after, the police of Yushui Branch of Xinyu Public Security Bureau arrested Wu and others at Taian Hotel on Shengli North Road in Yushui District.

When Wu and others fled, seafood's stepfather was riding a motorcycle from a village more than 60 kilometers away to Anfu County.

At about 0: 00 am on May 8, my stepfather received a phone call from the police station where the incident occurred, and he didn't believe it for a moment. "Are you busy recently?" He tentatively sent a WeChat to seafood. The caller of seafood said, "Uncle, something happened to seafood. Come here. " On the other end of the phone was the voice of his son and classmates. He realized, "Something really happened to seafood."

Admission records show that at 2: 30 on May 8, seafood was declared dead after being rescued. The seafood department was stabbed in the abdomen by a sharp instrument, which caused the rupture of the superior mesenteric artery and the right renal artery and died of acute massive blood loss.

On the day of the incident, the Anfu County Public Security Bureau decided to file a case for investigation. Gangs involved in gangs, except the deceased and one who didn't do it, surrendered voluntarily from May 8 to 2, 2022, or were summoned to the case and arrested.

Wu, who stabbed seafood with a knife, was also criminally detained on May 9, 2022, arrested on May 22, and detained at Anfu County Detention Center.

debate

On February 25, 2022, Anfu County People's Procuratorate filed a public prosecution with Anfu County People's Court for its illegal acts. On March 2, the Anfu County People's Court held a hearing to hear the case.

According to a case material obtained by the Beijing News reporter, after the incident, Wu tried to hold his young companion responsible. Wu's mother also confirmed to the Beijing News reporter that Wu told Xu Xin: "You are dissatisfied with 14 years old and are not criminally responsible. Then you will say that you have been stabbed. " However, during the trial, Wu still told the truth.

Because Wu's stabbing occurred during the siege, whether Wu established justifiable defense became the focus of controversy in the trial.

The public prosecution agency believes that Wu's behavior has constituted the crime of intentional injury and belongs to excessive defense. Considering that Wu is a minor, he confessed the facts of the crime truthfully after being brought to justice, voluntarily pleaded guilty and repented, and actively compensated the victims' families for losses and obtained understanding. It is suggested that Wu be sentenced to five years in prison for intentional injury.

It is worth noting that in addition to the above-mentioned hotel incident, the Anfu County People's Procuratorate accused Wu of a crime, and there was a fight in February 2022. In this regard, the public prosecution agency suggested that Wu be sentenced to two years in prison for the crime of affray, and that he should be regarded as a crime of evil forces.

Wu's defense lawyer argued that in this case, Wu did not intend to fight, but he had defensive intentions. His attack on the little black side was a legitimate defense, not "obviously exceeding the necessary limit", and there was no excessive defense; Wu was in a rebellious period of youth when the case was committed. Due to improper family education, he made friends carelessly and embarked on the road of crime. It is advisable to ask the court to combine several crimes and sentence them to six years in prison in line with the concept of saving the world. In addition, Wu's participation has not reached the standard of evil forces.

The court held that Wu belonged to excessive defense-although Xiao He held a knife, he did not use it to hurt Wu. Xiaohei only threw Wu with slippers, and the four men only hit Wu with their hands and feet. Wu's degree of injury does not constitute a rating. The behavior of the little black gang did not seriously endanger Wu's personal safety, nor did it cause serious and imminent danger to his personal safety. It was not intentional homicide. The court held that "the number of participation did not meet the standard of evil forces" was inconsistent with the facts and was not adopted.

On May 3 1, Anfu County People's Court made a first-instance judgment on this case: Wu was convicted of intentional injury and sentenced to eight years in prison; He was convicted of affray, sentenced to three years in prison, combined with several crimes, and decided to execute 10 years in prison.

However, a week after the case was pronounced, on June 8, the People's Procuratorate of Anfu County protested that there was a sentencing error in the judgment, which led to excessive sentencing, severe misdemeanor and obviously improper application of punishment.

On June 9, Wu Xiang filed a criminal appeal. On the morning of August 3 1, Ji 'an Intermediate People's Court held a hearing on the case of Wu's alleged intentional injury and affray.

According to the briefing issued by the hospital, in the debate in the court of second instance, Wu's defense lawyer argued that Wu set up special defense in the case of stabbing people with a knife and was not criminally responsible. If it is determined that the defense is excessive, the punishment should also be mitigated according to the age and behavior. However, the procuratorate still believes that Wu constitutes the crime of intentional injury and affray, but the sentence is extremely heavy. The case was not pronounced in court.

Yin, a lawyer who has had many "anti-homicide cases", believes that the current legal provisions on "justifiable defense" are relatively clear, and the general principle of judging whether it constitutes justifiable defense should be viewed from the perspective of defenders. In Yin's view, for cases involving defensive nature, especially those involving minors, procuratorial organs should be cautious when reviewing arrests and prosecutions, fully understand and grasp the evidence, and comprehensively consider whether to prosecute and sentencing standards.

In more and more cases, there have been discussions and even debates about self-defense.

On September 22nd, Miao, director of the Procuratorial Office of one of the Higher People's Procuratorates, said at the press conference of "Contributing to Building a Well-off Society in an All-round Way" held by the State Council Information Office that in recent years, the proportion of self-defense cases applied by procuratorial organs has greatly increased. In 2022 and 2022, 8 19 people were arrested and prosecuted for self-defense, 2.8 times that of the previous two years.

"We think such discussions and debates are of positive significance," Miao said. In order to respond to different understandings in practice in time and unify the applicable standards of law, at the end of 2022, the Higher People's Procuratorate issued 12 batches of guiding cases for self-defense. In 2022, the Higher People's Procuratorate, together with the Higher People's Court and the Ministry of Public Security, issued guidance on the legal application of the self-defense system. In the same year, six typical cases of new self-defense were released.

Miao Mingsheng pointed out that in the next step, the procuratorial organs will strengthen the integration of law, reason and emotion to maximize the protection of the legitimate rights and interests of defenders; Strengthen the guidance of evidence and do a good job in collecting, fixing and reviewing defense evidence in a timely and comprehensive manner; Strengthen responsibility, dare to identify cases that belong to legitimate defense or have defensive circumstances according to law, and also publicize and guide not to abuse the right of legitimate defense given by law to avoid causing excessive and undue damage.

"idols of Taoist people"

In addition to this knife wounding case, the case report issued by Ji' an Intermediate People's Court also mentioned some of Wu's past.

From April 2022 to February 2022, Wu Zaibin, who was still in Yongxin County, made an enemy, hacked people with a knife in a bar, stayed at the gate of a middle school after school, chased students at school, fought in KTV, smashed cars with stones, and stabbed people at the gate of the hospital with a dagger.

Because of the illegal facts involved in two crimes of affray, one crime of illegal detention and three crimes of stirring up trouble, he was identified as "evil forces" by the public prosecution agency. However, considering Wu's age, there was only one fight in February 2022, which made Wu suspected of gathering people to fight.

A friend familiar with Wu told the Beijing News reporter that it was in this fight that Wu stabbed people with a dagger and chased each other with a red tassel gun, but his left arm was cut by an axe. I hit my arm with a steel nail when I ran away. "I can't lift it."

In fact, Wu, who is 16 years old, has become a "minor celebrity" in a certain circle in Yongxin County.

Even though he dropped out of junior high school, many local middle school students have heard of him. During the interview, they told the Beijing News reporter that they were "not surprised" by what happened in Anfu this time. Previously, they often saw Wu wandering in the streets of the county, "meeting people on the road."

Liang Li met Wu on the road. It was August 2022. He was threatened by a group of people. When he heard that Wu got along well, he invited his friends to come forward, and then things were easily solved.

Liang Li said that in their circle, when Wu is old, he will be called "brother" by others. In their eyes, Wu is "very brave". "Brothers want money, take it out without saying anything, and it doesn't matter if you don't return it. No matter what happens, just call him and he will help settle it. "

Wu, who is still underage, has a "maturity" far beyond his age. A few weeks before the knife wounding incident, a group of people with friends knocked on Wu's door and went to the hotel to "make trouble". Wu "kindly" handed everyone a cigarette, and after a few words, things were solved.

A teacher often sees the child's photo in the class teacher's group. In his mind, he is a "problem of juvenile". The owner of the grocery store on the street often sees Wu coming in and out of the hotel, always buying cigarettes and wine.

He has studied smoking for a long time, has a hairstyle and likes tattoos. His left arm and back are patterned, and there is a flower on his chest.

▲ Woodman with welded steel pipes on his back. Respondents provide

From "obedient children" to street teenagers

In the descriptions of classmates and friends who are familiar with Wu, Wu's "change" began in middle school.

When I was in grade one three years ago, Wu was still a student with short hair, and his grades were not bad. When he is not at school, he likes to watch popular movies on his tablet. When he meets the elder next door, he will politely call "Aunt".

His parents divorced in his early years, and his mother Wu Xia took him to rent in a low-rent house on the edge of the county seat. Wu Xia feels that her son is usually obedient. Although she often goes out to work, she is still very strict with her son and only lets him go out to play once or twice a week. "We have a bad atmosphere here. I'll tell him who not to play with. The biggest fear is that he will fight. "

Wu's mother is the closest person. Once his mother had a minor operation, and he was so anxious to borrow money everywhere at a young age. But he will also complain to his neighbors of the same age that he "has no freedom", and even the invitation to "go to the park" can only be rejected. Sometimes when he goes to his neighbor's house to play, he finds out the stolen old mobile phone and reads novels on the sofa for a while.

Wu's classmates told the Beijing News reporter that after entering junior high school, Wu's academic performance plummeted, and there were more "friends" around him, and fighting became a commonplace.

In several fights mentioned in the court notice, Wu's middle school alumni appeared many times. He has seen Wu being "bullied" by other students, and several people around him punched and kicked him in the mouth. "Wu is not a loser. If someone hits him, he will fight back. "

In the summer of 2022, Wu, who was in the second day of junior high school, met with four friends to work in Shenzhen. They make Bluetooth headsets in an electronics factory. They worked on the assembly line for more than a month, each took more than 2000 yuan, and then quit their jobs and returned to the county. Wu has never been to school since he came back from work.

In Liang Li's impression, Wu spent most of his time with "friends", playing games, playing cards, drinking and singing K, and going to the crowded square to "see girls".

The fighting became more and more fierce. Liang Li said that Wu left school with a "boss". The "boss" taught him not to be afraid of being provoked in the street, and the way of fighting changed from hand-to-hand combat to "moving the knife".

Wu rarely mentioned his mother's experience after dropping out of school, and his father, who lived in two places, didn't realize the change of his son.

Since the second year of divorce, I have never seen his son Wu again. "On one occasion, Wu asked me to transfer money to him to go out to work, but I didn't give it. Later, he stopped with me. " In my mind, Wu is still the clever and obedient little son. Until one day in 2022, Wu was questioned by the police for fighting, and he was called to the public security bureau.

Long Jun felt that his son had changed a lot. "He grew so tall that he became unreasonable." He couldn't figure out the reason: "Is this a family problem? Tutoring may also be a bit problematic. "

After the incident, he wrote three letters to Wu at the detention center, urging him to "behave well". During his detention for more than a year, Wu wrote greetings to his mother, aunt and grandfather, but did not write back to his father.

It's not just Wu who dropped out of school early and wandered outside. The seafood he stabbed to death had a similar experience.

Zhu Qingmin, the stepfather of seafood, told the Beijing News reporter that when seafood was 5 years old, his biological father died and his mother worked everywhere. Seafood lived with grandparents until 13 years old. Father and son don't spend much time together. "He seldom takes the initiative to talk to me unless he wants money." Zhu Qingmin said that when you ask for money, you will only call it "Dad".

There is still half a semester left in the third grade, and seafood is unwilling to read any more. After dropping out of school, he became an apprentice in the town. After a few months, he was tired and went out to work. After half a year, he gave up. Come back for a few months, then go out to work, and so on, spend as much as you earn.

Regrettably, the "change" of seafood after dropping out of school failed to enter the family's field of vision in time. Zhu Qingmin said that at home, seafood is always silent, and the most common thing to do is to squat on the threshold with a mobile phone and play games. His parents don't know what he is playing outside. "We called him and he said he was at his classmate's house and promised not to do bad things."

Time goes back to the middle of the night on May 7, 2022. Seafood is drinking with friends in the hotel, and Wu and his friends live in the hotel across the street. On that ordinary night, two strange young people met in a fight.

(At the request of the interviewee, Wu, Xu Xin, Liang Li, Zhu Qingmin and Wu Xia are all pseudonyms. )

Beijing News reporter Zuo Lin Intern Zhang Chi

Editor Li Ming

Proofread Liu Yue

The above is the combination of 85 bulls and 87 female rabbits. Will they get divorced? Related content is about the sharing of self-defense. 1996 saw the rat man, 1999 saw the rabbit girl, I hope this will help everyone!