A woman who was subjected to domestic violence and used a knife to kill her lover was found to have excessive self-defense. Why?

"I just wanted him to stop hitting me. I never thought of hurting him."

In the early morning of April 27, 2020, Wang Li (pseudonyms in the article) There was a fierce conflict with his lover Fan Hao. Wang Li was pulled by Fan Hao's hair and kicked and beaten. She picked up a fruit knife and swung it back. The knife sheath slipped off and Fan Hao was injured in the thigh, bleeding to death.

After killing her lover with a knife, Wang Li was charged with intentional injury and faced a claim of more than 1.4 million yuan from Fan Hao's wife and others. The first-instance judgment of the Intermediate People's Court of Dongguan City, Guangdong Province was published on China Judgments Online. Wang Li's behavior was deemed by the court to be excessive defense.

After encountering domestic violence, a woman killed her lover by mistake with a knife

At the end of 2017, Wang Li, who was a business manager in a hotel, met Fan Hao. In the second half of 2018, the two developed into a couple. They had a relationship and lived together in Liaobu Town, Dongguan. According to the landlord's testimony, Wang Li has been renting in his house since about 2015. "Fan Hao comes to live occasionally, usually in the early morning, and leaves in the afternoon or noon of the same day."

The incident On that day, April 27, 2020, Chen, who lived next door to Wang Li, was sleeping. He vaguely heard a man and a woman arguing. He continued to scold the woman for 20 minutes, and then heard the woman keep calling the other party’s name and making a phone call. There seemed to be a lot of blood on the phone.” Chen’s confession showed that the woman called the other party’s name. It was not until the police arrived at the scene that he learned that the man in the room was dead.

The quarreling pair were Wang Li and Fan Hao.

The verdict shows that from about 1 o'clock on April 27, 2020, Wang Li and Fan Hao drank with their friends until about 5 o'clock, and then the two quarreled over trivial matters. In the room rented by Wang Li, Fan Hao kicked Wang Li to the ground, grabbed Wang's hair with his right hand and pulled Wang up, slapped Wang on the head with his left hand, and beat Wang to the dressing table. Wang Li picked up a sheathed fruit knife that was stuck on the dressing table basket with her right hand. The sheath fell down. Wang stabbed Fan Hao backward with the knife, and the blade hit the base of Fan Hao's right thigh.

Fan Hao immediately called Wang Li after noticing the bleeding, and then fell to the ground seriously injured. Wang Sui tied Fan's injured right thigh with clothes, immediately called 110 and 120, and claimed that he had stabbed others with a knife. Doctors arrived at the scene and confirmed Fan Hao was dead.

After hearing the news, Wang Li cut her wrists with a fruit knife and attempted to commit suicide. She was stopped by the police at the scene and was later taken back to the police station for investigation.

After forensic identification, the victim Fan Hao died of massive hemorrhage due to rupture of the femoral artery and profunda femoral artery.

Kneel down and apologize after committing violence many times

Wang Li has always been satisfied with her lover Fan Hao. Wang Li knew that Fan Hao had a family in Guangzhou, but she still got along with him with the mentality of "take one step and count the other" and never forced him to divorce. Fan Hao was very generous to Wang Li, giving Wang Li 20,000 yuan in living expenses every month, and sometimes more than 10,000 or several thousand yuan.

But Fan Hao has a problem. He will hit people after drinking. Wang Li said that on the day of the incident, it was not the first time that Fan Hao attacked her.

They often quarreled over trivial matters, and sometimes Fan Hao would lose his temper and beat her after drinking. From being with Fan Hao to April 2019, she was beaten six or seven times by Fan Hao. "It was still very sad to be beaten by Fan Hao, but after the beating, he would kneel there and beg for forgiveness. He would forgive him if he was soft-hearted." Wang Li said that one day in 2018, Fan Hao once drank in front of Wang Li's colleagues. After beating her, Fan Hao apologized to the colleague after the two reconciled.

On the day of the incident, Fan Hao drank again and wanted to vent his anger on Wang Li.

Wang Li once got into a quarrel while playing mahjong with someone. On the day of the incident, Wang Li and Fan Hao happened to pass by the store run by the other party on their way back to the rental house. Fan Hao immediately wanted to stand up for Wang Li, and Wang Li He refused, but the two immediately quarreled, and the scene above occurred.

"The reason why I pushed the knife back was because I just wanted Fan to stop beating me. I didn't want to hurt him." Wang Li said that she was drunk at the time and didn't think much about it. Unexpectedly, the knife would hit Fan Hao. "He kept hitting me, and I just wanted to push him away."

The family of the deceased asked for 1.4 million yuan in compensation

It was not until Fan Hao's death that his family knew that he There is a lover named Wang Li in Dongguan.

Li Yun is Fan Hao’s current wife. In the eyes of his stepson, “the two have a very good relationship” and their family has a very good relationship. Fan Hao usually lives in Guangzhou. In mid-March 2020, he claimed to go to Dongguan to work. However, his wife Li Yun did not know where Fan Hao was or whether he had a job.

At about 1:00 on April 27, 2020, a few hours before the incident, Li Yun had a video chat with Fan Hao, and this became their last conversation.

According to Wang Li’s confession, it can be known that Fan Hao works as a contractor, and the construction sites are mainly in Guangzhou and his hometown. Fan Hao will come to Dongguan to find her after staying in Guangzhou or his hometown for about a week. .

After the incident, Fan Hao’s parents, wife and children asked the court for a total of 1,406,079.45 yuan including funeral expenses, living expenses for dependents, and comfort expenses for mental damage.

The Intermediate People's Court of Dongguan City, Guangdong Province found in the first instance that in order to protect herself from ongoing illegal infringement, Wang Li took actions to stop the illegal infringement, but obviously caused significant damage beyond the necessary limit, causing one person to be injured. His behavior was found to be excessive defense and constituted the crime of intentional injury. Combined with his active treatment of the victim and his truthful confession of the crime after being brought to justice, he was found to have surrendered. The defendant Wang Li was convicted of intentional injury based on the two circumstances of excessive defense and surrender, and was sentenced to five years in prison and compensated the plaintiff in the accompanying civil lawsuit of 52,708.22 yuan.