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People v. Huang Chuanhui (crime of intentional homicide)
黄传辉故意杀人案
【法宝引证码】

People v. Huang Chuanhui (crime of intentional homicide)
(crime of intentional homicide)
黄传辉故意杀人案

People v. Huang Chuanhui
(crime of intentional homicide)

 

黄传辉故意杀人案

(1) Basic Facts (一)基本案情
Defendant: Huang Chuanhui, male, Han ethnicity, born on January 19, 1987, unemployed. 被告人黄传辉。
On the afternoon of August 1, 2009, after swallowing a tablet of Magu, Huang Chuanhui suffered vomit, unconsciousness and other symptoms. He was then taken by his friend to rest in a hostel room. At approximately 1 a.m. on the next day, after bringing his pregnant wife He Qun (the victim, 24 years old at the time of death) to the room to rest, Huang Chuanhui came up with the idea of killing his wife. He immediately used both his hands to fiercely grab the neck of He Qun and took out a dagger carried to cut and stab the neck, back and other parts of He Qun more than 20 times, causing the death of He Qun on the spot. When Huang Chuanhui was fleeing from the crime scene with the dagger, he was caught red-handed by the people in the hostel hall. 2009年8月1日下午,被告人黄传辉吞服一颗毒品“麻古”后,出现呕吐及神志不清等反应,被朋友安排至一招待所的房间内休息。次日凌晨1时许,黄传辉将怀有身孕的妻子何群(被害人,殁年24岁)带到该房间休息时,产生杀妻念头,即用双手猛掐何群的颈部,后又掏出随身携带的匕首朝何群的颈部、背部等部位割、刺20余刀,致何群当场死亡。黄传辉携刀欲逃离现场时,在招待所大厅内被群众当场抓获。
After being captured, Huang Chuanhui pled guilty and showed repentance. The relatives of the victim showed forgiveness to Huang Chuanhui and requested the court to punish him leniently. 案发后,被告人黄传辉认罪、悔罪。被害人亲属对黄传辉表示谅解并请求对其从轻处罚。
(2) Judgment (二)裁判结果
The court held that: Huang Chuanhui illegally deprived another person of life on purpose, and he was guilty of the crime of intentional homicide. Huang Chuanhui, after smoking a drug, intentionally killed his pregnant wife, and for the cruelty of means and graveness of crime, he should be sentenced to death. Taking into account that the case occurred within the family, different from intentional homicides that seriously endanger public security, and that Huang Chuanhui had a good attitude in confessing to his crime after being captured, obtained the understanding of the relatives of the victim, and compensated them for their economic loss in accordance with the law, he should be sentenced to death but immediate execution may be stayed. Huang Chuanhui was sentenced to death with a two-year suspension for the crime of intentional homicide.

 法院认为,被告人黄传辉故意非法剥夺他人生命,其行为已构成故意杀人罪。黄传辉吸食毒品后,故意杀死怀有身孕的妻子,犯罪手段残忍,罪行严重,论罪应当判处死刑。鉴于本案发生在家庭内部,与发生在社会上的严重危害社会治安的故意杀人犯罪有所不同,且黄传辉归案后认罪态度较好,取得被害人亲属的谅解,被害人亲属的经济损失依法得到赔偿,故对其判处死刑,可不立即执行。据此,以故意杀人罪判处被告人黄传辉死刑,缓期二年执行。
 

     
     
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