Criminal judgment of the court in the first instance. Photo provided by the interviewee |
photos of Guo Hui during his lifetime. Photo provided by the interviewee |
Ten years later, the "human shooting case" in Panjin, Liaoning opened again in Jinzhou, Liaoning.
On December 13, 2007, Liaoning Panjin businessman Guo Hui was shot and died at home. The court found in the first instance that Guo Hui and his wife had a dispute over their relationship and brought their guns home to "negotiate". During this period, the two had another dispute. His wife's brother Meng Xiangyong and Guo Hui fought for a gun, pulled the trigger twice, and then stabbed Guo Hui with a fruit knife on the table, causing Guo Hui to die. The court found that Meng Xiangyong committed intentional homicide and sentenced him to three years in prison and four years of probation for 4 years in the first instance because he had a lenient circumstances. After the
case was sentenced in 2008, Guo Hui's family kept filing complaints on the grounds that the sentencing was too light. After being rejected many times, it was accepted in early 2016. Recently, the case was heard in the other place in the Jinzhou Intermediate People's Court.
was shot dead in a dispute
Guo Hui was once the richest man in Panjin and the actual controller of Liaoning Panjin Huanuo Chemical Co., Ltd. His villa is located on the south side of the factory.
In the early 1990s, Guo Hui married Meng Fang (pseudonym) and had a son after marriage. When his son grew up, Guo Hui and Meng Fang often quarreled. Panjin police's subsequent investigation results showed that the reason for the quarrel was that Guo Hui believed that his wife had an affair with someone else outside. The
conflict peaked on the evening of December 13, 2007. That night, after the two quarreled again, Meng Fang called her brother Meng Xiangyong, hoping that he could come home to accompany him and his son. During this period, Meng Fang and Guo Hui had many disputes on the phone. When Guo Hui heard that Meng Xiangyong was at home, he returned home. The details after
are not consistent in the descriptions of both parties. Meng Xiangyong and Meng Fang unanimously stated that Guo Hui drove home alone and brought a "five-shot gun" more than one meter long to the fourth floor where the room was located.
Guo Hui's family expressed different opinions on this. Guo Hui's younger brother Guo Hua told the Beijing News reporter that Guo Hui was shot in a conflict with social personnel, injured his legs and hands, and was disabled due to this.
Beijing News reporter obtained a copy of Guo Hui's disability certificate, issued in December 2003. In addition, an appraisal report issued by Panjin Municipal Public Security Bureau showed that he had a gunshot wound on his leg.
According to Guo’s family, it is unlikely that Guo Hui’s physical condition will drag a gun more than one meter long to the fourth floor.
Meng Xiangyong confessed later that Guo Hui slapped himself twice after entering the door and then pushed him on the sofa. During the dispute, Guo Hui held a gun and pressed Meng Xiangyong's waist, and then stood up and snatched the gun with him. During this period, when the gun was pointed at Guo Hui, Meng Xiangyong pulled the trigger twice. After that, Meng Xiangyong grabbed the fruit knife from the table and stabbed him several times in the chest and back, which eventually led to Guo Hui's death on the spot. After the
case, Meng Xiangyong was criminally detained on December 14, 2007 and arrested on December 29 of the same year.
After ten years later, the trial of
In July 2008, the case of Guo Hui being killed was held in the Panjin Intermediate People's Court. In court, the prosecutor issued the forensic identification conclusion of Panjin Municipal Public Security Bureau, determining that the cause of his death was that he was shot in the abdomen by a shotgun, causing multiple organs to rupture and hemorrhagic shock and death.
Panjin Intermediate People's Court found in the first instance that Meng Xiangyong's behavior obviously exceeded the necessary limit of self-defense, causing significant damage, and constituting intentional homicide. After Meng Xiangyong's case, he was able to surrender voluntarily and report others voluntarily during his detention, which is in line with the statutory surrender and has made meritorious contributions. On October 6, 2008, Meng Xiangyong was sentenced to three years in prison and four years of probation.
Since it was a public prosecution case, after the first instance judgment, Guo Hui's family had objections to the judgment result, so they filed a complaint with the procuratorate, but were rejected. In the next eight years, Guo Hui's family filed complaints to the Liaoning Provincial Procuratorate and the Supreme People's Procuratorate. At the end of 2015, the Liaoning Provincial Procuratorate officially accepted the case and issued a notice of acceptance in early 2016.
Recently, 10 years after the incident, the case of Guo Hui being killed was retried in another place in the Jinzhou Intermediate People's Court. In response, the People's Procuratorate of Panjin City stated that the first instance prosecution procedure is legitimate and the evidence is sufficient.However, the Panjin Municipal Procuratorate did not comment on this retrial. The reporter learned from the Guo family who participated in the trial that during the trial, the two parties had different opinions on the source of the gun and the motive for the murder. Guo Hui's family suggested that Guo Hui usually had bodyguards when he went in and out, but on the day of the incident, after receiving a call from Meng Xiangyong's family, he went home alone, which seemed strange; in addition, Guo Hui's physical condition determined that he could not carry a spear with him. The Guo family hopes that Meng Xiangyong can be sentenced to a heavy sentence for intentional homicide.
Meng Xiangyong apologized in court and said he was "sorry to his brother-in-law", but also said that he was unable to make any compensation. In addition, Meng Xiangyong insisted that the murder was an accident. "I didn't know who was in his hand and how he fired it."
Guo Hua said that since the incident, no other compensation has been seen except for the 1 million yuan in the first instance with the civil compensation part. In addition, when Guo Hui died, he only had 50 yuan on his body, and most of his property disappeared. The verdict in
case was not announced in court.
■ Voice
Retrial of the court does not mean that the source of the jail firearms will have an important impact on the retrial result
legal persons introduced that generally speaking, if there is new evidence or new circumstances in public prosecution cases, they can be retried; for cases with serious cases or involving a large number of cases, they will be designated by the higher court to retrial in another place. However, retrial does not mean a change of judgment. The specific judgment result still needs to be discretionary.
Wang Yongjie, a lawyer at Beijing Zeyong Law Firm, said that in this case, the public prosecution agency determined that Meng Xiangyong had excessive defense circumstances, and in addition to his statutory surrender and meritorious service, and fulfilling civil compensation obligations after the incident can be regarded as a manifestation of remorse. In addition, since this case was caused by a family dispute, the social harm was less, and the defendant had no criminal record, all of which met the requirement of a light sentence. Therefore, the court will make a judgment that the crime of intentional homicide is convicted but not sentenced to actual sentence.
However, it said that the source of the guns in the case will have an important impact on the retrial results. If it can be found that the gun was not carried by Guo Hui, but was prepared by the defendant, there is a high possibility that he would be sentenced to a real sentence.
■ Character
From a taxi driver to a billionaire
, the veritable "Panjin richest man" has been a veritable "Panjin richest man". He has frequently participated in betting on football and spending money like earth
, former Panjin richest man Guo Hui, has not started his career at a high level.
Beijing News reporter learned from Guo Hui's family that the Guo family comes from the countryside and has an average economic situation. In the early 1990s, Guo Hui came to Panjin City and made a living by renting a rental in the area near the railway station. This was also the earliest batch of taxi drivers in Panjin City that year, and their business was once very prosperous.
Guo Hui’s photo during his lifetime, with a flat head in his face, a rosy complexion, and he looked a bit loyal. Local media in Liaoning previously reported that until after Guo Hui's death, some of the guys who drove taxis with him still remembered this young man who "a flexible mind and smiled whenever he met people."
relies on the savings saved by driving a taxi and borrowing money from relatives and friends. A few years later, Guo Hui took advantage of the wave of "going into the sea" and became a "debtor". Guo Hui's main business is to acquire low-priced second-hand cars from Guangzhou, transport them to Liaoning, and repair them for sale. The gross profit of each car is tens of thousands of yuan.
Guo Hua told the Beijing News reporter that their brother Guo Guang contracted an oil refinery. Around 1999, he and Guo Hui both went to the oil refinery to help Guo Guang do some management work. After Guo Guang died in a car accident, Guo Hui took over the company.
Beijing News reporter learned that Guo Hui established Panjin Huanuo Chemical Co., Ltd. based on the original Xinranian Oil Refinery in Lujia Town, Shuangtaizi District, Panjin City, contracted by Guo Guang. Guo Hua introduced that at its peak, by the beginning of this century, Guo Hui's property had exceeded 100 million yuan, and he was the veritable "richest man in Panjin".
Guo Hui lived a life of "richest man". His villa located on the south side of the factory area cost more than 6 million yuan; around 2002, Guo Hui spent 3.2 million yuan to purchase the first Bentley in Panjin. At the same time, he also began to participate in football betting frequently, winning and losing at a rate of one million yuan, which was worth spending money.
"No one is the winner until now," said Guo Hua.
Beijing News reporter Wang Yu
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