Beijing News (Reporter Li Yifan) There are new progress in the "anti-killing case" entering Yantai, Shandong. This morning (March 16), a reporter from the Beijing News learned from the defendant Song Liying's defense lawyer and the Yantai Intermediate People's Court that the Yantai Intermediate People's Court has accepted the case in response to the defendant's complaint submitted in January this year and has formed a collegial panel to carry out the review of the case. The defendant's family told the Beijing News reporter that the complaint mainly revolves around "Song Liying's behavior should be legitimate defense."
The case was reported at Song Liying's home. Photo provided by the interviewee
Yantai Intermediate People's Court reduced the punishment of Song Liying in the second instance and shortened the sentence to 7 years. Photo provided by the interviewee
The second trial was overdue and the sentence was reduced to 7 years.
8 people entered the house with weapons to commit an assault. Song Liying, a man from Yantai, Shandong, "counterattacked", resulting in 1 death and 3 injuries.
According to the second-instance criminal civil judgment, five years ago, the defendant Song Liying had a dispute with one of the victims, Yu, over a commercial and economic dispute. Yu found Zhang to "tie" Song Liying, who gathered eight people on the night of the incident, and came to Song Liying's house with military stanchions, sticks, machetes and other utensils. Later, he had a fight with Song Liying and Wang Xiaobo (another defendant in this case). In the end, 1 dead and 3 injuries were injured, and Song Liying and Wang Xiaobo were injured to varying degrees.
On December 19, 2017, the Zhifu District Court of Yantai City, Zhifu District, Yantai City sentenced Song Liying to "excessive defense" in the first instance and was sentenced to 8 years in prison. The second-instance criminal judgment of Yantai Intermediate People's Court showed that after the first instance, the defendant Song Liying was dissatisfied with the verdict and advocated self-defense and filed an appeal.
Before the second trial, on April 12, 2018, the parents of the deceased Mou Mou issued a "Text of Understanding" to Song Liying's side. A letter of understanding obtained by a reporter from the Beijing News shows that the victim (deceased)'s parents said that in view of the fact that Song Liying had sincerely apologized and actually compensated for economic losses, and the family also promised to give comfort under the agreed conditions, we agree to express our understanding of Song Liying.
The victim's parents also said that before the incident, Mou Mou and Song Liying did not know each other and had no conflicts. The damage caused by this case was caused by various reasons and could not be completely attributed to Song Liying. "Therefore, the judicial authorities requested that Song Liying not be held criminally responsible and would not be sentenced to punishment." After the incident, the family of the victim (deceased) reached an agreement with Song Liying and issued a "letter of understanding". Photo provided by the interviewee
In January this year, Song Liying's family went to Yantai Central Court on his behalf and submitted a complaint. Photo provided by the interviewee
Yantai Intermediate People's Court has accepted the case and made a decision within three months
Beijing News reporter sorted out the judgment documents and found that Yantai Intermediate People's Court believes that in order to stop the ongoing illegal infringement by others, the appellants Song Liying and Wang Xiaobo used weapons to hurt others, resulting in one death and three injuries, which obviously exceeded the necessary limit. Their behavior constituted the crime of intentional injury... The appellant's behavior was excessive defense, and the two people were relieved of punishment in accordance with the law.
In the end, the Yantai Intermediate Court revoked the original ruling in the second instance, and reduced the punishment to Song Liying, shortening the sentence to 7 years. However, in the determination part, it was still ruled that he was guilty of "intentional injury." Post-
Song Liying entered Yantai Weihai Prison to serve her sentence.
htmlOn January 9, Song Liying's side submitted a complaint to the Yantai Intermediate People's Court because they were dissatisfied with the results of the second-instance judgment. A complaint provided by his sister to a reporter from the Beijing News showed that the complainant Song Liying believed that the behavior was self-defense and advocated "retrial and acquitted."This morning, his defense lawyer Fan Chen told the Beijing News reporter that the trial of this case has been affected to a certain extent due to the epidemic. The family members received a notice text message from Yantai Central Court last week, "The court has accepted the case."
Subsequently, a reporter from the Beijing News learned from the Yantai Intermediate People's Court that the court has indeed formed a collegial panel regarding the appeal application submitted by Song Liying in January this year. It has now started formal review work and will make a decision on whether to retrieve the case within 3 months. In addition, another complainant of this case, Wang Xiaobo (the other defendant in the original trial, upheld the original sentence in the second instance and was sentenced to six years in prison), will be dealt with in another case.
proofreading Wu Xingfa
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