In Yantai, Shandong Province, eight men were killed with weapons. What is the contradiction between the deceased and the suspect?

Yantai? Eight men entered the room with weapons and were killed by two men? Case, resulting in one death, two serious injuries and one minor injury. According to media reports, the suspect? Song Liying had no direct interest in the deceased. There is a debt dispute with a person named Yu, and the intruder wants to give this name to Yu. Out? Because the victim was just playing. Killer? . ?

1. Case: Eight men entered the room with weapons and were killed by two men. Song Liying, a native of Yantai, Shandong Province, is a native of a certain bank? Transfer of creditor's rights? The problem is that there was an argument on the phone. Wang Xiaobo, the driver of Song Liying, heard a friend talk about finding a partner? Clean up? Song Liying, who arrived at Song Liying's house, said that they thought that someone had asked Zhang Yanhui to smash the car, so Wang Xiaobo parked his car in the parking lot of a hotel in Yantai. After Zhang Yanhui and Song Liying quarreled on the phone, Zhang Yanhui gathered eight people in the early morning and came to Song Liying's door with army thorns, sticks and machetes. After the door was opened, many people rushed into the room and clashed with Song Liying and his driver Wang Xiaobo.

The court found that the basic process of the crime at that time was restored:

Zhang Yanhui and others rushed into the house one after another. After taking the door, Zhang Yanhui rushed at Wang Xiaobo with an army thorn. Wang Xiaobo fought with Zhang Mouhui on the balcony with a machete and chopped Zhang Yanhui to the ground. Wang Xiaobo fought for the army thorn in his hand. And Mou Moqian, Shen, Shi and others are fighting in the living room. During the period, he stabbed with a knife, was beaten with sticks by several other people, and was cut on the head with a stone knife. During the fight, Song Liying retreated to the balcony and competed with Wang Xiaobo for the army thorn in Zhang Mouhui's hand. After winning the army stab, Wang Xiaobo cut Zhang Yanhui with a knife. About two minutes later, Song Liying's wife, mother-in-law and others called the police several times. About two minutes later, the intruder left Song Liying's home. Song Liying was slightly injured and Wang Xiaobo was not injured; Two people were seriously injured, 1 slightly injured, 1 died after being rescued.

Both the courts of first instance and second instance held that Zhang Yanhui and others were the first to seek trouble, and were drunk, gathering people at night and armed, which was a major fault in the cause of the incident; Song Liying and Wang Xiaobo's actions were defensive in nature, but the serious consequences of 1 person's death, 2 serious injuries and 1 person's minor injuries were obviously beyond the necessary limits, and they should bear criminal responsibility. Song Liying and Wang Xiaobo were sentenced to 8 years and 6 years respectively; Four people, including Zhang Yanhui, the other party to the conflict, were sentenced to prison terms ranging from two years and six months to two years and nine months. During the second trial, Song Liying's family compensated the family of the deceased and reached an understanding. Song Liying was sentenced to seven years' imprisonment. After the judgment of the second instance, Song Liying refused to accept it and entrusted his sister to appeal. Yantai Intermediate People's Court rejected the appeal after hearing.

Second, why consider this case? Overdefense? ? The court held through trial that: firstly, Song Liying and Wang Xiaobo hid their vehicles in order to avoid the possibility of being smashed on the night of the crime. Song Liying left Wang as a helper, prepared machetes and daggers, and made full defense preparations. Song Liying, knowing that Zhang Yanhui and others had ulterior motives in the middle of the night, still took the initiative to open the unit door and stair-door where you lived and let Zhang Yanhui and others enter your home. What's the purpose? Point? . Secondly, after Zhang Yanhui and others came in with sticks, spears and machetes, when Zhang Yanhui slashed people, Song Liying and Wang Xiaobo immediately fought with each other with Japanese machetes and single-edged knives prepared in advance. Finally, in the process of fighting, Song Liying and Wang Xiaobo caused serious consequences of one death, two serious injuries and one minor injury in more than one minute, especially after they had taken the general stab in the hands of Zhang Yanhui who fell to the ground, Wang Xiaobo cut Zhang Yanhui with a knife and continued to carry out injuries, and the defense obviously exceeded the necessary limit.

In a word, Zhang Yanhui and others entered Song Liying's house with weapons in the middle of the night. After entering the door, Zhang Yanhui attacked first, and Song Liying and Wang Xiaobo resisted with knives when their personal safety was threatened by reality, which was in line with the provisions of Article 20 of China's Criminal Law on justifiable defense. Stop illegal infringement? The provisions of the. However, combined with the reasons, means, urgency and severity of unlawful infringement, as well as the whole criminal development process, as well as the analysis and judgment of the conditions, methods, strength and consequences of your defense, Song Liying and Wang Xiaobo's behavior obviously exceeded the necessary limit, resulting in heavy losses. According to the law, it should be considered as excessive defense and bear corresponding criminal responsibility.

Third, Song Liying, Wang Xiaobo and Feng Yu are friends! By inquiry? Referee document network? It can be known that Song Liying, Wang Xiaobo and Feng Yu used to be friends, and they were partners in beating others and causing serious injuries. They were sentenced to probation together. Internet information also shows that Song Liying makes a living by collecting debts for others and lending usury. According to insiders, in 20 14, Song Liying introduced Feng Yu as an intermediary to buy creditor's rights, but for various reasons, the purchase of creditor's rights was not so smooth, so Song Liying and Feng Yu had conflicts and quarreled many times. Feng Yu invited Zhang Yanhui to go? Clean up? Song Liying and Zhang Mouhui called seven other people, including the deceased. ?

Conclusion: Some netizens said that it was Song Liying who used legal provisions to set up a bureau. Self-defense? Anti-homicide case. Whether framed or not, Zhang Yanhui broke into other people's homes with weapons in the middle of the night, which is objectively a major fault.