The seventies of the elderly will rescue Sun's injury to the criminal case with a knife.

Polar news reporter Man Da Cao Xuejiao

Five years ago, in order to protect the eight -year -old grandson in the seventy -year -old man in Linao County, Hainan Province, the person who had a knife and chopped the wine caused the other party to suffer a minor. In the end, Yang Jie was sentenced to 8 months in prison. After Yang Jie's prison, he began to appeal to the court with the support of his family. Recently, the Second Intermediate People's Court of Hainan Province made a retrial decision on the case, arguing that the original judgment may have improper applicable laws, and the referee results may be wrong.

On July 28, Yang Jie's family members told Jimu Journalists that they still believed that Yang Jie's behavior was a legitimate defense at the time, and hoped that the court would re -trial to make a fair referee.

The case goes back five years ago. On August 31, 2017, in the village in Lintao County, Hainan Province, the villager Yang Quanjiu took his daughter to the villager Yang Jie's house near the village, and stopped picking up the stones to smash Yang Jie's kitchen. Yang Jie's eight -year -old grandson Yang Bing went out to check and was chased by Yang Quan with stones. The 70 -year -old Yang Jiewen went out to catch Yang Quan with a hook knife, and saw Yang Quan holding Yang Bing's neck with both hands. Yang Jie shouted Yang Quansong, but Yang Quan refused. Subsequently, Yang Jie held the knife and wounded Yang Quan, and Yang Bing ran home. Yang Quan halo was sent to the hospital for treatment. After identification, Yang Quan's damage was comprehensively evaluated as a minor injury level.

It is understood that the two have had land disputes before.

Yang Jie himself

Twelve days after the incident, Yang Jie was punished by the police with administrative detention (because he was not executed because he was over 70 years old) and a fine of 500 yuan. Yang Jie was criminally detained on July 28, 2019 for his intentional injury. On August 9 of the same year, the arrest of the People's Procuratorate of Lingao County did not approve after review. Yang Jie was approved the next day.

In November 2020, the Lingao County People's Court made a first trial of the case. The People's Court of Lingao County believes that when Yang Quan Yang Bing's neck, Yang Jie did not take a considerable means to prevent violations. He chopped Yang Quan to be a minor injury, and his behavior constituted the crime of intentional injury. It was sentenced to one year in prison and compensated the plaintiff 57,000 yuan.

Yang Jie and his family believed that Yang Quan was 30 years younger than Yang Jie, and his strength was very different, and Yang Quan also held stones in his hands. Yang Jie's behavior was a legitimate defense, so he appealed.

In March 2021, the Second Intermediate People's Court of Hainan Province made a second trial judgment. Hainan Second Intermediate People's Court said that when Yang Bing was holding his neck and dangerous in the danger of personal injury, Yang Jie's first knife had a legitimate defense nature. However, after Yang Bing ran away, Yang Jie chopped Yang Quan with a knife with a knife, and subjectively had intentional injury, surpassing the category of justice. However, considering that the conflict of the case was caused by the victim Yang Quan and had major faults, Yang Jie's criminal behavior was punished lightly in terms of sentencing. Yang Quan, the plaintiff of the civil lawsuit, was sentenced to RMB 57,000, and was sentenced to eight months in prison and was released on April 23, 2021.

After Yang Jie's prison, he started appeal with the support of his family. In June and November of the same year, the Yang Jie family appealed to Hainan No. 2 Middle School and Hainan High Court, and both were rejected.

On June 23, 2022, Hainan Second Intermediate People's Court made a retrial decision on the case. The "Review Decision" states: "The court's review believes that the first and second trial judgments may have improper applicable laws, and there may be errors in the results of the referee. After discussion of the trial committee of the court, this case will form another collegiate panel for retrial. During this period, the implementation of the original judgment is not stopped. "

"Review Decision"

"Review Decision"

On July 28, Yang Jie's family members said in an interview with Jiyu Journalists that in recent years, they insisted that Yang Jie's actions at that time were legitimate defense. During the re -trial, the court could make fair and fair trials. "After the retrial, we will also consider holding Yang Quan's behavior at the time." Yang Jie's son said.

The staff of the Second Intermediate People's Court of Hainan Province said that the case did belong to the retrial case and had entered the retrial stage, but the case was more complicated and the specific situation was inconvenient to disclose.

(Yang Jie, Yang Quan, and Yang Bing in the text are all pseudonyms, the picture shows the interviewees provided)

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