thieves steal family had failed a river drowning claims 45 million
Court of Final Appeal decision in the village of Shaoguan innocent
Shaoguan newspaper (Reporter correspondent Yu Bu Lu Guodong, Wang plays safe ) two thieves in broad daylight, Wujiang District, Shaoguan City, a village into the burglary, was found after villagers fled, a number of villagers then followed in hot pursuit. Thief Xianshibumiao, jumped into the river, the results of one drowning death. After the first time in 3 years, parents will catch the thief drowning the village court.
yesterday, Shaoguan City Intermediate People's Court pronounced the verdict that the behavior of the villagers hunt for the thief did not go beyond the scope permitted by law, and society, public order and good German line, and done rescue duty, family leave to appeal dismissed thief upheld the original verdict.
Event:
a river thief does not know the water drowning
court found that the case occurred in August 23, 2007. 11 o'clock that morning, when the just turned 18 years old and Peer Zengmou Bin Tang Mouwei gang came to a village in the town of Wujiang District, Western Union. They see no one around, then decided Zengmou Object After Tang Mouwei house can be something of value was not aware,
GHD hair Irons, so they took out a screwdriver. Subsequently, the two young men playing a nearby houses and the idea, they started breaking in when he was just headed home Humou Bang discovery. Head screaming scared 2 run away.
angry Hu Moubang called on his brother Paul Humou together in hot pursuit. I saw two thieves ran quickly towards the fast-flowing rivers run north, the brothers then loudly shouted up. Battle lake nearby for lunch the next dozen people heard, immediately joined the ranks of the thief chase.
there are a lot of passionate pursuit of population momentum, the two fright of their wits. Before your eyes are rolling in the North River, behind the angry villagers, for the sake of escape, Tang Mouwei started for the first one took off his clothes and jumped down in the North River. Zengmou Bin hesitated, but also leap jumped into the North River.
held in summer in the northern rivers with plenty of water, fast-flowing. Did not know the Tang Mouwei water contained in the water sink floats submerged immediately disappeared. 2 days later, Meng Zhou located downstream of the dam waters, the authorities found out a floating corpse, is confirmed by the salvaged Tangmou Wei's body.
Zengmou guest was arrested after the Wujiang District Public Security Bureau to identify the amount of the theft did not constitute a crime, then he was sentenced to administrative detention for 15 days.
Progress:
thief told the families of the villagers to claim
after the incident, the son of the deceased Tangmou Wei's parents claim that is not a thief. In yesterday's sentencing scene, the plaintiff's legal representatives told reporters that the deceased was the son of parents called to find a former girlfriend of the families, rather than steal. But their parents failed to give evidence in support of the view. In their view, to blame for the death of his son, who mistakenly thought that the villagers Hu Moubang son is a thief and to catch up and hit his head after throwing stones lead to drowning.
after a lapse of three years after 2010, the parents of the deceased the day after the thief of the four villagers can not shirk its civil liability on the grounds, to the courts to require an order four villagers to pay compensation, in emotional, body care store 45 million total cost.
controversial one:
constituted theft of the deceased it?
justice under Zengmou guest confessed after,
hogan shoes, and the owner and other witnesses confirmed that the two statements there can be theft. Appeals that the Tang Mouwei such deceased parents was no theft was not justified, the court shall not be supported.
controversial II:
whether the tort should compensate the villagers?
court held that the reasons causing the main Tang Mouwei drowned on her own. Paul and other villagers Humou intention is to catch a thief to catch up, there is no sense to force both a river, no conclusive evidence that the implementation of the villagers from acts beyond the reasonable limits of both a river.
the villagers to see Don, who both have been into the water after the alarm near the battlefield after the boatman in a timely manner to the rescue. Ability of villagers to the best of its obligation to perform the rescue. Therefore, the trial found Humou security, Hu Moubang,
prada sunglasses, Hu Mouguang, Humou built no fault was not inappropriate behavior.
controversial Three:
villagers are throwing rocks?
Shaoguan City Public Security Bureau under the Wujiang District Branch of the forensic autopsy report made, Tangmou Wei's death found drowned. The report also reflects the Tang Mouwei the right zygomatic subcutaneous ecchymosis, skin exfoliation feet thumb.
court found that Tang Mouwei drowning after the body was found two days later, does not rule out because of his body sink into the water after the collision of river rapids caused by other objects. Therefore, the appellant is that the Tang Mouwei throwing stones lead to drowning, after playing the head insufficient evidence, the burden of proof should not be adverse consequences, the court shall not be adopted.
two trials: the innocent villagers
Wujiang District People's Court that because the parents due to various factors Tangmou Wei side of the villagers chased the then capacity to participate in, during which more than to departments claim their rights. Therefore, the statute of limitations case, the situation with the statutory break, in line with re-calculation rules. After hearings, Wu Jiang, the Court of First Instance ruling, dismissed the plaintiff claims. Plaintiff refused to accept the Court of Appeal to Shaoguan.
the same court of second instance that the trial finds that the behavior of the villagers such Humou insurance no fault, no wrong. Dismissed the appeal and upheld the original verdict.
villagers: a long time can not be made
yesterday, the case of the defendant's four villagers, only one person came to sentence Paul Humou scene. After sentencing, the reporter noted that Paul Humou long tears streaming eyes.
a moment, he took out his cell phone, with a trembling voice, whispered to his wife reported the good news. Then, he sat in court a long time, tears, and said nothing.
plaintiff: a tragedy
agents learned from the plaintiffs lawyers at that Li, Tang Mouwei poor family, living by working parents. Manual labor because they can not delay their decision yesterday not to attend the scene. He said, After the incident, the parents over the age of middle-aged pregnant again. But the awful does not give them a small wedding how much comfort, because in addition to the family to bear the legal costs the second trial of first instance, but also to face the Tang Mouwei frozen in a funeral parlor after the drowning of several years of huge body costs. (Editor: SN002)
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