hogan 2014 and when he came to a small road

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Release author information Times reporter Yan Xiaoguang correspondent Li Li
After receiving just wages Hwang, actually encounter on the road three robbers, the robbers also took the machete in Hwang's back beat with threats. Under critical, Hwang carry out of self-defense dagger desperate resistance, stabbed two criminals, one of whom died. Police later intentional injury case Hwang transferred to prosecutors,hogan 2014, while Procuratorate for examination and think, Hwang's move,?giuseppe zanotti pas cher, although causing two casualties,air max pas cher, but still belong to self-defense, it was recently made the decision not to prosecute Hwang, he also able to return to work.
Lu Yu robbery struggling against the robbers stabbed to death
Hwang is the Dongcheng District, Dongguan City, Temple Yuan Industrial District, a silvery metal factory employees, 1,500 yuan monthly income is his hard-earned money, so each time wages are especially careful. September 28, 2009 On this day, he received the July and August a total of 3,000 yuan in wages, then have the money with me.
October 10 at 10 o'clock that night,giuseppe zanotti sneakers, Hwang walking back to the factory on the road, and when he came to a small road, when suddenly three men jumped from the street, the three men said nothing, first knife light out, then pushed to the wall Hwang,scarpe hogan, first snatched the phone, and then searched for Hwang, but also kept the knife blade with machetes beat Hwang body, in an attempt to scare Hwang.
Seeing himself more than 3000 yuan hard-earned money would be robbers who stole, Hwang immediately carry out of self-defense against knife. In the scuffle during a dagger stabbed Hwang Yoon Chi Yang and Yu a two robbers,air max pas cher femme, another person on the spot to escape. Yoon Yang abdominal injuries bled and died, a Chi Yu has also been slightly injured. Later, Hwang initiative reported to the local public security organs.
Prosecutors: the case of unlimited defense not bear criminal liability
Since the incident causing dead and another injured, police Hwang is the beginning of intentional injury case transferred to the prosecution investigation and prosecution, but the defense is reasonable Hwang and other evidence not yet formed a complete chain of evidence, the case is more complex, investigators complete review After the case, according to the testimony and other relevant evidence Hwang, Hwang's behavior believe may belong to self-defense, but also the need for further proof.
Prosecutor's Office investigators personally re-survey the scene, the police understand the local security situation, and the specific time of the incident scene, the two sides compare the number, height, contrast, comparison of the use of tools, such as the details of the urgency of the danger, again Hwang Two inmates and robbery carried out a detailed examination. Through in-depth investigation and analysis, the conclusion that the behavior of the three men armed with knives robbed at the time Hwang has seriously jeopardize personal safety.
According to China's Criminal Law stipulates: significantly more than the necessary limits of self-defense to cause significant harm, should be held criminally responsible, but should reduce or waive penalties. Ongoing intentional injury, homicide, robbery, rape, kidnapping and other violent crimes that seriously endanger the personal safety and take defensive behavior, resulting in criminal violation of casualties, does not belong to defensive, not criminally responsible. Hwang take such violent crimes against robbery seriously jeopardize his personal safety against acts are unlimited defense law, not criminal responsibility, pursuant to Hwang's Procuratorate recently made a deal not to prosecute.
Hwang's Procuratorate help to return to work
Hwang is the only source of survival wages that point, the only place to stay is the original work of the factory. In the incident, Hwang factory that killed a man, you can not return to work in factories. After Procuratorate decision not to prosecute, investigators came to the factory, on the spot to face his family, bosses, colleagues openly took the decision not to prosecute and eliminate misunderstandings. Eventually, with the help of prosecutors and local government departments, the factory acceptance Hwang back to work.
Spotlight
1, with the control of the tool is self-defense
A detail worth noting that Hwang was carrying a knife for self-defense, but the dagger is control of the tool in one. Under the law, illegal carrying knives and other instruments of state control, 5 days detention, can impose a fine of five hundred; less serious, a warning or a fine of 200 yuan.
And Hwang this control tool with a dagger why can constitute acts of self-defense it  Guangdong,giuseppe zanotti pas cher, with the benefit of the law firm lawyer Tang Hung Ju analysis to carry and use controlled knives and self-defense is not the same legal relationship, just because of illegal carry knives and other violations of law and order management regulations, does not constitute a crime, you should look at separately. Thus, although it is illegal to carry and use control tool, but it does not affect whether the establishment of self-defense, self-defense just really belongs, is not going to change because of the use of controlled knives qualitative cases.
2. What is the "unlimited defense"
What is unlimited defense  Tang Hung Ju lawyer told reporters that the existing criminal law 20, paragraph 3: "The ongoing violence, murder, robbery, rape, kidnapping and other violent crimes that seriously endanger the personal safety and take defensive behavior, resulting in criminal violation of casualties,zanotti femme, does not belong defensive, not criminally responsible. "This is to encourage people with criminal law provisions to combat violent crime, curb serious crime, stable social order, effectively protect the legitimate rights and interests as the unlimited defense.
Be sure to pay attention to, the exercise of the Unlimited Defense premise is that there must exist a few specific violent crime law and serious threat to personal safety. Moreover,woolrich outlet bologna, the exercise of unlimited defense right time must also be specific violent crime in progress, when the defense has been stopped prematurely or other harmful behavior implemented then the defense will not work, the defense must also have the intention to defend human rights and interests, not the name intentionally hurt others under the guise of self-defense. Hwang case is three robbers robbery shoulder blade holder, at any personal risk, has met the above criteria.
Related Case 1
Guangzhou: brother claiming to be "defensive" bicycle man stabbing
Has caused widespread concern, "the brother stabbing bicycle man" event,air max 2014 femme, the brother Chen Junliang charged with intentional assault, because surrender is mitigated punishment, the first instance jailed for 14 and a half years and a sum of 433,hogan sito ufficiale,000, before the case has been appealed to the Court .
The case when the Liwan District Court of First Instance, Chen Junliang was sincere confession, and expressed willingness to compensate the families of victims lost, but argued that due to its abuse and assault forest, only out of self-defense with a knife stabbed. Also known as a defender, opened the taxi is kind of high-risk occupation, taxi drivers are at risk of being robbed every day, work pressure, "Chen Junliang make revolt when subjected to aggressive behavior, it should be regarded as over-defense."
But the court noted that the testimony of witnesses witnessed the incident reflection, unanimously confirmed that a knife stabbed Chen Lin, but the existing evidence does not confirm Chen premise is unlawful infringement, the behavior does not meet the characteristics of self-defense or over-defense, It belongs to intentional injury.
Analysis: "imaginary defense" is not a defense but a crime
Guangzhou 肖雄辉 lawyers that although the right of self-defense, but also by the corresponding constraints,hogan milano, only in civil rights violations by the ongoing illegal emergencies only allowed to exercise defense right, otherwise it will constitute intentional injury or intentional homicide.
"Some people think they have to leave and threatened to make the so-called defense case in which the brother is such a type, which can not be regarded as hypothetical defense of self-defense, even over-defense are not enough on, because he was personal rights and not being subject to abuse,louboutin pas cher, it is not an emergency situation,zanotti, in fact, not the defense power, and therefore citizens should be the case as a warning, to avoid disputes encountered emotional impulse. "
Related Case 2
Shaoguan: self-defense,giubbotti woolrich outlet, was beaten by a classmate causing serious injury unpunished
By the end of 2008, when a technical school student Shaoguan Zhang showers were beaten students is a result of dissatisfaction with his classmate Lin informant to the teacher,nike air max pas cher, Zhang picked up a knife during the revolt, led the crowd scarification two stabbed injuries, forensic identification, one of them seriously, other people were slightly injured. Recently,moncler doudoune pas Cher paris, Wujiang District, Shaoguan City People's Court found Zhang's behavior constituted the crime of intentional injury, but are defensive, ruling exempted from criminal punishment.
Wujiang District People's Court held that the defendant Zhang to resist assault with a knife aimless scarification,hogan interactive, Zhang was taken to stop the unlawful infringement significantly more than the necessary limits of self-defense and cause significant damage, are defensive, their behavior have constituted the crime of intentional injury, but according to the law should reduce or waive penalties. Accordingly, the hospital lawful judgment of defendant Zhang exempted from criminal punishment.
Analysis: defense right should exercise moderation
Why Zhang can be identified as defensive, to get a lenient sentence, but Guangzhou brother did not
Guangzhou Xiao Xionghui lawyer explained that China's "Criminal Law" provides that:. "Significantly more than the necessary limits of self-defense to cause significant harm, should be held criminally responsible, but should reduce or waive penalties."
Zhang was being beaten by others, so his behavior is an illegal revolt against the immediate reaction, it is difficult to select the appropriate means of controlling calmly defensive intensity is understandable, which is why the court for such behavior to be light sentenced.
But he did not defend people suffer life-threatening, knowing that would cause serious consequences, still aggressive behavior,scarpe hogan outlet, has exceeded the limits of necessity and undue harm, you need to bear legal responsibility.
Therefore, citizens in exercising defense right,hogan interactive outlet, and on the means and strength still make rational thinking and choices.
According to China's Criminal Law stipulates: ongoing intentional injury, homicide, robbery, rape, kidnapping and other violent crimes that seriously endanger the personal safety and take defensive behavior, resulting in criminal violation of casualties, does not belong to defensive, not criminally responsible.
Hwang behavior is against the law to take unlimited defense against robbery and violent crime in this seriously endanger his personal safety, not criminal responsibility.
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