According to " southern Metropolis Daily " report, be in on April 7 afternoon on Yang Lu of Ou Feng of collect of Shenyang town Home Su inside one Construction Bank, one goes to a bank taking the client of money, because of the mortgage paper money with car of carry bank note member produce verbal conflict, by the escort in transportation of financial bodyguard center member the head in one pop, die on the spot.
The author thinks this mortgage paper money member behavior already formed intended homicide.
Above all, show an analysis from case hair, the likelihood of defend oneself of the member that can eliminate mortgage paper money completely, depositor although with mortgage paper money member the conflict that has had utterance, but the behavior of depositor is to did not comply with mortgage paper money member check, go outside directly however, its behavior is right mortgage paper money member person safety is basic compose won'ts do any menace.
Next, mortgage paper money member protects boy or girl friend -- " money " , perhaps was not had the menace of illegal enroach on by illegal enroach on, report and did not allude of escort in transportation " money " located at that time position and state, estimation is in still be inside bar or already shifting car of carry bank note, but anyway, depositor is in with mortgage paper money member after verbal conflict, the money of escort in transportation of place of the member that do not have pair of mortgage paper money has any behavior or intentional action, mortgage paper money member nonexistent also shoots to protect money excuse.
Again, the case from shoot is analysed, paper money of the mortgage before shooting member did not fire a shot give a warning, the minor place that also shoots an object without face shoots, hit the target directly however the head of depositor, biff is deadly, visible, this mortgage paper money member the subjective state of mind at that time should shoot depositor namely beat dead, is not to want to check the certain behavior of depositor, harm or other.
The 4th, shoot beat dead depositor has without equitable argument. The State Council " firearms of personnel of full-time guardianship escort in transportation uses regulation " the regulation is in the following below two kinds of circumstances, do not use firearms to be able to 't check of violent criminality, can use firearms: article of guardianship target, escort in transportation perhaps is had the pressing risk that is assaulted by force by violent assault; 2 it is full-time is guarded, personnel of escort in transportation is endangered the firearms ammunition that life safety perhaps carries to get by violent assault loot, those who rob. Besides, do not allow use firearms. When this case accident, nonexistent above two kinds of circumstances, that is to say mortgage paper money member shooting behavior is belonged to violate use firearms.
上一页12 下一页