criminal judgement
(2011) No.68 Zi Chu, Xingyi, Xi
The public prosecution organ is the People's Procuratorate of Xi City, Shaanxi Province.
Plaintiff Wang Siyu in incidental civil action, male, was born in Xi, Shaanxi Province on June 6, 2008. Han nationality, living atNo. 1 16, Gongzi Village, Xinglong Township, Chang 'an District, Xi City. Is the son of the victim Zhang Miao.
Wang Hui, legal representative and plaintiff in incidental civil action, male,19811kloc-0 was born in Xi, Shaanxi Province on October 4th, Han nationality, primary school education, farmer, and the address is the same as above. He is the husband of the victim Zhang Miao and the father of Wang Siyu.
Agent ad litem: Zhang Xian, teacher of xidian university.
Plaintiff Zhang Pingxuan, male,1born on June 9, 955 in xi, Shaanxi Province, Han nationality, primary school culture, farmer, living at No.84, Nancun, Beile Village, Xinglong Township, Chang 'an District, Xi City. It's the father of the victim, Zhang Miao.
Plaintiff Liu Xiaoqian, female, 1956, from Xi City, Shaanxi Province, Han nationality, primary school culture, farmer, with the same address as above. It's the mother of the victim Zhang Miao.
* * * Xu Tao, agent ad litem, lawyer of Shaanxi Tongshun Law Firm.
Defendant Yao Jiaxin, male,1989165438+10, born in Shaanxi province on October 7th, Han nationality, is a college student, and lives at No.510, No.7, No.7, South Road, Xincheng District. 20 10 10 was criminally detained on123 on suspicion of intentional homicide, and was arrested on124 on the same year. He is currently detained in the detention center of Xi City Public Security Bureau.
Defender and agent ad litem: Lu Gang and Yang Jianhua, lawyers of Shaanxi Keli Law Firm.
The People's Procuratorate of Xi City charged the defendant Yao Jiaxin with intentional homicide with criminal complaintNo. (20 1 1), and filed a public prosecution with our court on 20 1 1. In the course of litigation, the plaintiffs Wang Siyu, Wang Hui, Zhang Pingxuan and Liu Xiaoqian filed an incidental civil action with our court. Our college formed a collegiate bench according to law and held a joint trial in public. Xi Municipal People's Procuratorate appointed procurators Li Yuanmin and Zheng Li to appear in court to support the public prosecution. Plaintiffs Wang Hui, Zhang Pingxuan and Wang Hui's agents ad litem Zhang Xian, plaintiff's agent ad litem Xu Tao, defendant Yao Jiaxin and their defenders and agents ad litem Lv Gang and Yang Jianhua attended the proceedings. The trial is now over.
Xi Municipal People's Procuratorate accused: At about 23 o'clock on October 20th, 20 10 65438/KLOC-0, the defendant Yao Jiaxin returned to the city from Chang 'an Campus of International Studies University in a red Chevrolet sedan named Shaanxi a 4 19. Driving outside the west wall of Chang 'an Campus of Northwest University, I ran into Zhang Miao riding an electric car in the same direction ahead. Yao Jiaxin got off the bus to check and found Zhang Miao lying on the ground, groaning for fear that Zhang Miao would see it. After the murder, the defendant Yao Jiaxin fled the scene by car. When the garage reached the entrance of Guo Nan Village on Hanlin Road, two pedestrians were injured. After that, Guo Du, the squadron leader of the traffic police brigade, temporarily detained the vehicle. On the 23rd of the same month, accompanied by his parents, Yao Jiaxin surrendered himself to the public security organs. Forensic identification: the deceased Zhang Miao died of massive hemorrhage caused by thoracic sharp instrument puncture.
In response to the above allegations, the procuratorate committed crimes with a sharp knife, witness testimony, corpse appraisal conclusion, DNA appraisal conclusion, on-site inspection, inspection record and defendant Yao Jiaxin's confession and other evidence.
The procuratorate believes that the defendant Yao Jiaxin deliberately and illegally took the life of others with a knife after hitting someone with a car. The plot is bad and the consequences are serious. His behavior has violated the provisions of Article 232 of the Criminal Law of People's Republic of China (PRC), and he should be investigated for criminal responsibility for intentional homicide.
Plaintiffs Wang Siyu, Wang Hui, Zhang Pingxuan and Liu Xiaoqian in the incidental civil action demanded that Yao Jiaxin be sentenced to death for intentional homicide, and appealed to order Yao Jiaxin to pay death compensation of 82 100 yuan, funeral expenses of 15 146.5 yuan, support of 58,807 yuan, death compensation of 50,586.7 yuan and hospital funeral expenses. After trial, the plaintiff in the incidental civil action demanded that the Chevrolet car under the personal name of the defendant Yao Jia Xin be auctioned according to law, with the auction money as compensation, and did not accept any compensation from Yao Jiaxin's parents in order to be given a lighter punishment.
The defendant Yao Jiaxin admitted that the accusation was true in the trial. His defender suggested that: 1, Yao Jiaxin had surrendered himself; 2. Yao Jiaxin is a passionate murderer; 3. Yao Jiaxin is a first-time offender and an occasional offender. He has a good attitude towards confession and sincerely repents; 4. Willing to compensate the economic losses of the relatives of the victims. It is suggested that Yao Jiaxin be given a lighter punishment.
It was found through trial that at about 22: 30 on October 20th, 20 10 19/kloc-0, the defendant Yao Jiaxin drove the red Chevrolet sedan Shaanxi A4 19NO from the south to the north. When traveling to Hanlin South Road outside the western wall of Northwest University, Zhang Miao, the victim riding an electric car in the same direction ahead, was knocked down. When Yao Jiaxin got off the bus to check, he saw Zhang Miao groaning on the ground. Fearing that Zhang Miao would get into trouble after seeing his license plate number, he took out a sharp knife in his backpack. Zhang Miao was stabbed several times in the chest, abdomen and back, causing Zhang Miao's aorta and superior vena cava to rupture and bleed, and died on the spot. After the murder, Yao Jiaxin fled by car. When walking to the entrance of Hanlin Road Village, pedestrians Ma Haina and Shi were injured. After receiving the alarm, Guo Du squadron of traffic police brigade of Chang 'an Branch of Xi Public Security Bureau detained the vehicle for handling. On the 22nd of the same month, Guo Du Squadron of Chang 'an Branch Traffic Police Brigade and Guo Du Police Station inquired about Yao Jiaxin respectively, and Yao Jiaxin denied killing Zhang Miao. On the 23rd of the same month, accompanied by his parents, Yao Jiaxin surrendered himself to the public security organ and truthfully confessed the murder.
The above facts were submitted by the procuratorial organ and confirmed by the following evidence, which was confirmed by court cross-examination:
1.Xi The registration form for accepting citizens' alarms and criminal cases in Guodu Police Station of Chang 'an Branch of Public Security Bureau confirmed: 20 10123: 00 on October 20th10, Wang Depeng, inspector of Guodu City Appearance Monitoring Brigade in Chang 'an District, told1kloc- It was later confirmed by 120 that the woman had died. After investigation, it was found that the woman had multiple knife wounds and was identified as a criminal case. After investigation, it was confirmed that the deceased was Zhang Miao, a native of West Village, Gongzi Village, Xinglong Township, Chang 'an District.
2. Site investigation records, photos, site schematic diagram and trace items extraction registration form confirm that the site is located in Hanlin South Road, Guodu Sub-district Office, Chang 'an District, Xi City, and there is a female corpse in the non-motorized vehicle lane on the east side of Hanlin South Road, the central site. The head of the corpse was supine, and there was a lot of blood in the range of 100×30cm. There was a watch on the east side of the left calf. There is a new Japanese brand silver electric car at the south of the car body 170cm. The head of the electric car fell to the ground in the north and west, and the rear of the car was damaged. There is a 5-meter-long brake mark (scratch) running from southeast to northwest at the south 17.6m and 85cm away from the edge of the main road. The left rearview mirror of electric vehicle is missing, and the right rearview mirror glass is missing. There are many scratches on the right side of the car, and the plastic shell on the rear side of the car body is damaged. Blood samples, electric cars, watches, mobile phones, etc.
3. The survey records, photos and handover certificate of Shaanxi A4 19NO Chevrolet sedan confirmed that on October 22nd, 20 1019NO Chevrolet sedan was surveyed, and there was a 2.3× 2.6 20cm scratch on the right side of the front bumper, with the direction from front to back. There is a 20×3 cm oblique scratch from the top left to the bottom right 4 cm above this trace. There are many scratches in the range of 36× 20 32cm from the left side of the right front headlight to the ground, among which there are three cracks in the upper right corner of the air intake grille. On the right front of the hood, there is a depression of 40×25cm from the logo 1 1cm, and there is a convex trace of 33× 13.5cm on the right side of this depression area. There is a depression of 80×3 1cm at a distance of 7cm from the inner edge of the hood and1cm from the right edge of the hood. There is some blood in the range of 3×4cm on the pedal pad of the co-pilot position in the car (photo extraction). On 23rd of the same month, the Interpol Brigade of Chang 'an Branch of Xi City Public Security Bureau handed over Shaanxi A4 19NO, the accident vehicle seized by Guo Du Squadron of traffic police, to the technical room of Interpol Brigade.
4. The investigation and capture issued by the Interpol Brigade of Chang 'an Branch of the Municipal Public Security Bureau and the police officers Zhang Yi, Gu and Liu who handled the case have been confirmed: 201010 at about 23: 00 on October 20th, Guodu Police Station of Chang 'an Branch received an alarm call from 1 10, which was called Kangbei Village in Chang 'an District. The police station rushed to the scene and found a woman lying on the road with a lot of blood beside her. An electric car fell on the side of the road south of the woman. 120 after the emergency center personnel arrived at the scene, they confirmed that the woman had died. Subsequently, Guo Du Squadron, the traffic police brigade of Chang 'an Branch, sent personnel to the scene. After investigation, it was found that the woman had a knife wound, so she informed the technical center of the Criminal Investigation Brigade to investigate the scene. According to a mobile phone left at the scene, soon; Contact Bai Ting (Zhang Miao's employer), the contact of the deceased, and find out that the deceased's name is Zhang Miao. 101On October 22nd, the police of the traffic police brigade Guodu Squadron reported:1kloc-0/On the evening of October 20th, a traffic accident occurred near Guo Nan Village, Guodu Post and Telecommunications Road (Hanlin Road). A man knocked down two pedestrians with his car and was slightly injured, but the red Chevrolet car he was driving was seriously damaged. Investigators immediately questioned the man and investigated his vehicle. Yao Jiaxin, a tall man, admitted that he hit a man and a woman on the road near Guodunan Village on the evening of October 20th, 65438, but denied that he found a woman riding an electric car while driving. 10/0 On October 23rd, Yao Jiaxin, accompanied by his parents, went to the Interpol Brigade of Chang 'an Branch and surrendered himself. He confessed that 10/0/0. Before a traffic accident happened in Guo Nan Village on the evening of October 20th, he knocked down a woman riding a bicycle. He was afraid that the woman would see the license plate number, so he killed her with a knife.
5. Pre-hospital illness report, autopsy report of An Emergency Center and autopsy photos confirmed that: 201kloc-0/01at 23: 35 on October 20, emergency center personnel arrived at the scene to examine Zhang Miao, and Zhang Miao was dead. Corpse examination: (1) Clothing examination: the jacket, jacket lining, black long-sleeved T-shirt, jeans, red trousers, underwear and bra of the deceased have fiber lacerations and blunt tears. (2) Autopsy: There was a longitudinal laceration of 3.5 inches in the right occipital region; Epidermal abrasions on forehead and face, right eye to right zygomatic arch and bridge of nose; There is a 6.5cm long skin laceration on the right side of the lip, which extends to the right mandible through the skin of the upper and lower lips. The edge of the wound is neat and sharp, and there is no gap bridge between the oral cavity, which goes straight to the depths of the skin. 2cm below the right clavicle midline, there is a skin fracture with a transverse length of 2.2cm, the edge of the wound is neat, the angle of the wound is sharp on the left and blunt on the right, and there is no interstitial bridge between the injured oral cavity, reaching the chest cavity; There is an oblique skin laceration with a length of 5.3cm on the left upper abdomen, with a sharp top, a blunt bottom and neat wound edge. There is a transverse laceration with a length of 0.3cm in the middle of the left wound edge, reaching to the abdominal cavity. There is a 2.5*2cm epidermal abrasion on the back of the right shoulder, which can touch the dislocation of acromioclavicular joint; There are three skin wounds in the range of 25*20cm in the chest and back, with neat edges and blunt angles, and there is no gap bridge between the wounds. Among them, there is an oblique skin fracture with a length of 3cm on the right side of the third thoracic vertebra, 2.3cm on the left side of the fourth thoracic vertebra and 2.5cm on the right side of the seventh thoracic vertebra. There is a 3cm long oblique skin wound 8cm below the right axillary posterior line, with the same characteristics as before; There is an oblique 4. 1cm incision at the thenar of the left palm, which is deep under the skin. Autopsy found that the clothes of the deceased were torn by blunt fibers in many places, with large areas of striped bruises on forehead, back and buttocks, dislocation of the right acromioclavicular joint and closed fracture of the left femur. Combined with on-site investigation, the injury conforms to the characteristics of traffic accidents, and none of the above injuries is fatal. Six skin injuries were found in the deceased's right chest, left upper abdomen, right armpit and chest and back. The edge of the wound is neat, the angle of the wound is blunt and sharp, and there is no gap bridge between the injured mouths. The length of the wound is 2.3-3.0 cm. It can be inferred that a single-edged sharp instrument was formed, with a blade width of about 2.5cm. The right chest subclavian stab wound penetrated along the left oblique front, causing the inner edge of the upper lobe of the right lung to split and injuring the mediastinum. The remaining stab wounds accelerated blood loss and promoted death to some extent. The injuries to the victim's lips and left palm were caused by sharp cutting. Inspection opinion: Zhang Miao died of massive bleeding caused by sharp instrument puncture in the chest.
6. Taking notes, taking photos and identifying the notes confirmed that on 2010/0, the police of the Chang 'an Branch of Xi Public Security Bureau, under the identification of Yao Jiaxin, extracted a single-edged sharp knife (the blade is about 33cm long, the blade is covered with blood, and the handle is black) from the grass in the west of the North Post Circuit Section of Guodu Sub-district Office; A pair of gray jeans and a pair of Li Ning brand sports shoes were extracted from Yao Jiaxin, and there were blood on the pants and shoes.
7. Biological evidence/kinship identification confirmed that 99.99% of the blood pool left by Zhang Miao on the ground, the blood on the dagger, the blood on the passenger seat mat of Shaanxi a 4 19 red Chevrolet car, and the blood on Yao Jiaxin's pants and shoes belonged to him.
8. Testimony of witnesses
(1) The testimony of witness Zhu Yingfu (the doorman of Chang 'an Campus of Northwest University) confirmed that he was standing on a mound at the construction site on the evening of October 20th 10 in 2065 and saw a woman riding an electric car from south to north along the east road. The woman just passed in front of him, and there was a car. After a while, I heard a car driving north. After a while, a patrol car came from the north and stopped there. After a while, a police car came.
(2) The testimonies of witnesses Wang Depeng, He and Yin Tiedong (all staff members of Guodu City Appearance Monitoring Brigade in Chang 'an District) respectively confirmed that at about 23: 00 on 20 10/20/October, when they were driving near the west wall of Northwest University, they found an electric car lying on the road with a woman lying next to it, and fragments of the electric car were scattered in front of them. The woman was lying on the ground facing east with a big pool of blood beside her. Wang Depeng called the police at 1 10, and He Zhuxing called the emergency number at 120. Subsequently, Guodu police station, traffic police team and 120 ambulance arrived at the scene successively. 120 emergency personnel found that the person had died.
(3) The testimony of witnesses Song Jianjun and Song Jinsheng respectively confirmed that at about 23 o'clock on October 20th, 20 10/0, a man was seen lying on the ground near the west gate of Northwest University, with a big pool of blood under him and an electric car lying on the ground beside him. They dare not stop. When they returned to the village, they called the police. After calling the police, they waited for a while at the entrance of the village and saw a car flashing a warning light. I didn't know it was a city car until I arrived. Then the police station, traffic police team and 120 ambulance arrived at the scene one after another. 120 After the ambulance arrived, it came to the front and saw a woman lying on the ground, facing east. 120 emergency personnel checked and found that this person was dead.
(4) The testimonies of witnesses Jiang Daliang and Li Shixian respectively confirmed that the husband and wife lived in Song Xinmin Kiwifruit Garden in Zhangdu Village, Guodu Sub-district Office and guarded Kiwifruit. Around 20 1010/on the evening of October 20th10, I suddenly heard a "ah-ah" outside, and then I heard two cries of a woman "ouch", with an interval of about half a minute. The first voice is very loud, and the second voice is very small.
(5) The testimony of witnesses Zhang Kai and Bai Ting respectively confirmed that the husband and wife were engaged in soup business in the Muslim restaurant of Xi International Studies University, and since September 1 day, 2065438, they hired Zhang Miao, a relative of the same village, to help them, and paid Zhang Miao a monthly salary of 700 yuan. 1on the evening of October 20th, 1 1, closed the stall. They rode tricycles, Zhang Miao rode electric cars, and went out of the West University in tandem. Out of the school, they turned into Du Kang Village at the first crossing, and Zhang Miao went straight north. At 3 o'clock the next morning, the police called Bai Ting with Zhang Miao's mobile phone and said that Zhang Miao had an accident on the road outside the western wall of Northwest University. They realized that it was broken at that time. Because on their way back from Du Kang village office, they saw a police car parked outside the wall of Northwest University, lying on the ground alone. After the phone call, they thought it was Zhang Miao. Then they went to the crime scene with Zhang Miao's father and saw Zhang Miao's flat-panel Nokia phone and a watch without a bracelet.
(6) The testimony of the witness Zhang Pingxuan (Zhang Miao's father) confirmed that at 3 am on 201021kloc-0, Zhang Kai went to his home and said that Zhang Miao had an accident. On the highway of Northwest University, he and Zhang Kai went to the scene to identify the body and confirmed that the deceased was his daughter Zhang Miao.
(7) The testimony of the witness Shine Wong (Zhang Miao's husband) confirmed that before September 1 day, 2065, Zhang Miao left a note at home saying that he went out to work and sold mala Tang in the outer court, and his monthly salary was in 700 yuan. Zhang Miao usually lives in her house.
(8) The testimony of witnesses Yao and Duan Ruihua (Yao Jiaxin's parents) respectively confirmed that Yao Jiaxin hit a man and a woman. On October 22nd, 2065438+00/KLOC-0, Duan Ruihua accompanied Yao Jiaxin to the traffic police team in Guodu to deal with the accident. The Guodu police station learned from Yao Jiaxin that another person died during the time when he hit the two men. On the morning of 23rd, Yao Jiaxin told them that he had hit someone before hitting a man and a woman, so they accompanied Yao Jiaxin to the public security organ to surrender.
(9) The testimony of witness Liu Miao (Yao Jiaxin's girlfriend) confirmed that Yao Jiaxin drove to Chang 'an Campus of Xi International Studies University at 8 o'clock on the evening of 20 10/0. 10 or so, Yao drove away alone, and she sent medicine from the east gate, and the medicine drove north to An. After about an hour, I will call her to say that two people have been hit, and ask her to call his mother about 12 to say that he had a traffic accident. Later, Yao called her several times and said that she was very nervous and didn't know what to do.
9. The Certificate of Administrative Compulsory Measures for Traffic Management of Traffic Police Brigade of Chang 'an Branch of Xi Public Security Bureau, Statement of Parties to Road Traffic Accidents, Traffic Accident Scene Map, Handover Certificate of Guo Du Traffic Police Squadron to Yao Jiaxin and Interrogation Record confirmed that Yao Jiaxin drove to the entrance of Guo Nan Village on Hanlin Road at around 23: 00 on October 20th, 20 10. When asked by Yao Jiaxin, Guo Du's traffic police squadron and police station asked him if he had hit someone before hitting someone, but Yao denied that he had met a woman riding an electric car.
10. The defendant Yao Jiaxin's confession confirmed: 20101the evening of October 20th 10: 30. After breaking up with his girlfriend in Chang 'an Campus of International Studies University, he drove his red Chevrolet A41. He was afraid that the woman would disturb him when she saw the license plate number, so she took out the knife in her bag and stabbed her. The woman shouted, waving her arms. After that, he put the knife in the car and drove for a while, hitting two pedestrians, a man and a woman. After dialing 120, he threw the knife in the grass by the roadside. After the traffic police arrived, they took the injured person to the hospital and detained his car. On the morning of the 23rd, he told his parents about stabbing people with a knife after hitting people. After hearing this, his parents took him to the public security organ and surrendered himself.
165438+
It was also found that the victim, Zhang Miaosu, was 26 years old, a rural resident, and the funeral expenses were 15 146.5 yuan; Dependent Wang Siyu was 2 years old at the time of the crime, and the living expenses of rural residents aged 16 to 18 should be 30,352 yuan. Yao Jiaxin's parents have paid the victim's funeral expenses 15000 yuan in the investigation stage. The facts in this section are supported by relevant household registration certificates and receipts.
The court held that after the traffic accident, the defendant Yao Jiaxin was worried that the victim Zhang Miao would find trouble after seeing his license plate number, so he had the evil thought of killing. He stabbed the victim several times in the chest, abdomen, back and other parts with a sharp knife he carried with him, killing Zhang Miao, and his behavior constituted the crime of intentional homicide. Xi People's Procuratorate accused the defendant Yao Jiaxin of intentional homicide. The charges and applicable laws are correct and should be supported.
Regarding whether Yao Jiaxin's behavior constitutes surrender, after investigation, the defendant Yao Jiaxin surrendered himself to the public security organ accompanied by his parents on the fourth day after committing the crime and truthfully confessed the facts of the crime. His behavior has the constitutive elements of surrender, which belongs to surrender according to law.
Yao Jiaxin's behavior mentioned by Yao Jiaxin's defense lawyer belongs to the defense reason of passionate murder. After examination, it is considered that passion killing generally refers to the act of killing the victim because the defendant is angry because of the victim's improper words and deeds. In this case, the victim Zhang Miao was knocked down until she died, without any improper words and deeds. The defendant Yao Jiaxin died after a traffic accident, which obviously does not belong to passionate homicide. Therefore, the defense lawyer's defense reason cannot be established.
As for Yao Jiaxin's first-time offender and occasional offender, the defense reason for suggesting a lighter punishment is that the first-time offender and occasional offender, as the circumstances of a lighter punishment, are only applicable to minor crimes and minor crimes. For serious criminal crimes such as intentional homicide, especially the vicious and cruel intentional homicide in this case, it is obviously impossible to be given a lighter punishment, so this defense reason of the defense lawyer cannot be established.
Although Yao Jiaxin and his parents are willing to compensate the plaintiff in the incidental civil action for economic losses, the plaintiff in the incidental civil action refused to accept Yao Jiaxin's parents in order to obtain the compensation for a lighter punishment, so it is impossible to punish Yao Jiaxin lightly on this ground.
Although the defendant Yao Jiaxin surrendered himself after committing the crime and pleaded guilty in court, throughout the case, Yao Jiaxin did not rescue the victim Zhang Miao after driving, but killed him for fear that the victim would see his license plate number. The criminal motive is extremely despicable, subjective and vicious. The defendant Yao Jiaxin stabbed the victim several times in the chest and back with a sharp knife, causing the victim to die on the spot. The criminal means are particularly cruel, the circumstances are particularly bad, and the crime is extremely serious; Defendant Yao Jiaxin was killed just because of an ordinary traffic accident, which is inhuman and extremely dangerous. It should still be severely punished according to law, so the defense opinion of Yao Jiaxin's defense lawyer on a lighter punishment was not adopted.
The defendant Yao Jiaxin should compensate the plaintiff in the incidental civil action for the economic losses caused by his criminal behavior. The plaintiff's claim for alimony in an incidental civil action is not supported according to law because it does not provide evidence that the dependent has lost his ability to work and has no source of income; The claim for compensation for funeral expenses is not supported because it has no legal basis; The claim for compensation for mental damage for death is not supported because it does not fall within the scope of compensation for criminal incidental civil action; Dependents' claims for compensation for funeral expenses and Wang Siyu's living expenses are well-founded in law and supported, but the part of dependents' living expenses that exceeds the legal share is not supported. Plaintiffs Wang Siyu, Wang Hui, Zhang Pingxuan and Liu Xiaoqian in the incidental civil action claim that the price obtained from the Chevrolet auction under the personal name of the defendant Yao Jia Xin should be used as compensation. After examination, it is considered that auctioning criminals' property as compensation is an execution method in the execution procedure of the people's court, and it can only be applied after the judgment takes effect and enters the execution stage.
According to the facts, nature, plot and social harmfulness of the defendant Yao Jiaxin's crime, and in accordance with the provisions of Articles 232, 57, paragraph 1, 67, 64 and 36 of the Criminal Law of People's Republic of China (PRC), and Articles 27 and 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases, the verdict is as follows:
1. Defendant Yao Jiaxin was convicted of intentional homicide, sentenced to death and deprived of political rights for life;
2. Defendant Yao Jiaxin compensated the plaintiffs Wang Siyu, Wang Hui, Zhang Pingxuan and Liu Xiaoxian for their economic losses of 15 146 yuan 50, funeral expenses of 30,352 yuan, and the living expenses of the dependent Wang Siyu of 45,498 yuan 50 (of which15,000 yuan has been paid), limited to/kloc-0 after the judgment came into effect.
Third, the knives were confiscated.
If you refuse to accept this judgment, you can appeal to the Higher People's Court of Shaanxi Province through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is made, the original and five copies of the appeal shall be submitted.
Presiding judge Zhang Yanping
Judge Li Zhongke
Judge Wang
20 1 1 April 20th, 2008
Bookkeeper Guo Qi