After a while, under the escort of the bailiff, the defendant Zhao Yutian walked into the courtroom with handcuffs and shackles and sat in the defendant's seat.

Fang Yi glanced at Zhao Yutian, his expression was still so wooden, his eyes were dull, he lowered his head slightly after sitting down, and didn't look at anyone.

After completing the previous procedures, the presiding judge looked at the prosecutor: "Now conduct a court investigation and ask the prosecutor to read out the indictment." ”

The female prosecutor with a ponytail picked up the indictment: "Defendant Zhao Yutian, male, resident ID number......

The case was investigated by the Municipal Public Security Bureau, and the defendant Zhao Yutian was transferred to this court for review and prosecution on January 20, 2013 on suspicion of intentional homicide. After accepting the case, this court informed the defendant the next day of his right to retain a defender and the legal consequences that might result from admitting guilt and accepting punishment, interrogated the defendant in accordance with law, and reviewed all case materials.

After review in accordance with law, it is ascertained that:

At about 10 a.m. on December 15, 2012, the defendant Zhao Yutian was engaged in business without a license and sold fruits in front of the gate of the Yulong Community, and clashed with Liao Yaoguang, the leader of the county urban management brigade, and his colleagues, during the confrontation, the defendant used a folding knife to peel apples and stabbed Liao Yaoguang to serious injuries, and Liao Yaoguang died on the way to the hospital.

The defendant stabbed Liao Yaoguang and fled, and then voluntarily surrendered to the county public security bureau.

The evidence for the above facts is as follows:

1. A folding knife used by the defendant to stab Liao Yaoguang;

2. The defendant's confession and defense;

3. On-site inspection (inquest) records and appraisal reports;

Fourth, the surveillance video of the Yulong community.

The above-mentioned evidence collection procedures are lawful, and the content is objective and truthful. Defendant Zhao Yutian had no objections to the facts and evidence of the crime as charged, and voluntarily pleaded guilty and accepted punishment.

This court finds that the defendant Zhao Yutian intentionally stabbed a person performing official duties, and that his conduct had violated the provisions of Article 232 of the Criminal Law of the People's Republic of China, that the facts of the crime were clear, and that the evidence was credible and sufficient, and that he should be investigated for criminal responsibility for the crime of intentional homicide.

In view of the fact that the defendant intentionally killed law enforcement officers in public, it is recommended that Zhao Yutian be sentenced to death and executed immediately. In accordance with the provisions of article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated, and a sentence is requested in accordance with law.

Fang Yi listened to the prosecutor read out the indictment, and the pencil in his hand kept writing and remembering on the defense statement. According to past experience, defendants who killed public officials in public were generally sentenced to death for immediate execution, but since the Cui case in 2006, this situation has changed slightly, and some have been sentenced to death with a reprieve.

But looking at today's posture ......, Fang Yi didn't know if he could save Zhao Yutian's life.

"Defendant, did you hear clearly the indictment read out by the prosecutor just now? Do you have any objection to the facts and charges of the crime charged against you in the indictment? The presiding judge looked at Zhao Yutian, who was sitting in a chair in front of him.

Zhao Yutian raised his head and looked at the judge blankly, and said in a low voice: "I heard clearly, I have no objection." ”

"Whether the prosecutor needs to interrogate the defendant about the facts of the crime alleged in the indictment." The judge continued.

"No need to ask." Prosecutor Chen said.

"Does the defendant's advocate need to ask questions of the defendant?" The judge looked at Fang Yidao.

"Yes." Fang Yi looked at Zhao Yutian: "Defendant, what happened on the day of the incident, can you tell me about the situation at that time?" ”

Zhao Yutian didn't look at Fang Yi, and his voice was emotionless: "I sold apples at the gate of a community that day......"

Fang Yi listened quietly, what Zhao Yutian said was consistent with the previous statement.

"What did you think at the time, why did you hurt someone with a knife?" Fang Yi asked.

"At that time, they wanted to take my tricycle, this tricycle is my life, I want to rely on this car to do business, and make money to buy New Year's goods for my grandmother. He grabbed my car, so I rushed up with a knife and stabbed him.

I don't want to kill him, I just want to get my tricycle back......" Zhao Yutian's eyes were glazed, and he lowered his head after speaking.

Fang Yi stopped asking questions and looked at the judge: "I'm done." ”

"Now I ask the prosecutor to present evidence." The judge said.

"The first piece of evidence, the folding knife, was identified by fingerprints and DNA, and the fingerprints on the folding knife belonged to the defendant, and the bloodstains belonged to the victim, and the defendant used this knife to stab the victim to serious injuries;

The second evidence, the defendant's confession and defense, proves that the defendant believes that he stabbed the victim with a folding knife and seriously injured him;

The third piece of evidence, the on-site inspection (inquest) record and appraisal report, proves that the crime scene was at the entrance of the Yulong community, and that the victim died of excessive blood loss after being stabbed by the defendant in the aorta;

The fourth piece of evidence, the surveillance video of the Yulong community, recorded the entire process of the case, and we applied to broadcast the content of the video in court. The female prosecutor with a ponytail read out the evidence one by one.

The court played the surveillance video of the Yulong community in court, the Yulong community is a high-end community, the clarity of the monitoring equipment is really high, the scene is clear, there are five or six chengguan at the scene, and Zhao Yutian pulled for a while, suddenly Zhao Yutian grabbed the folding knife on the car and stabbed a fat man in uniform, and then the fat man fell to the ground, Zhao Yutian fled and disappeared.

"What objections does the defendant have to the evidence?" After the surveillance video was played, the judge asked.

"No objections." Zhao Yutian said.

"What do the defendants' defenders have to say about the evidence?" The judge asked.

"No comment." Fang Yi said.

This case is relatively simple, all the evidence is unfavorable to the defendant, and the defendant has no objection to the evidence, which Fang Yi has long thought of.

"Does the defendant's defender have any evidence that needs to be submitted?" The judge asked.

"There is evidence to submit.

The first piece of evidence, the certificate issued by the defendant's village committee, proves that the defendant's family life is difficult, since the unit where he worked collapsed, his family could not make ends meet, at first he and his grandmother lived by picking up waste, and later rode a three-wheeled vegetable seller to sell vegetables along the street, although life was not easy, the defendant never thought of stealing or robbing others, and still supported himself. The defendant is a recognized person in the village.

The second piece of evidence, the certificate issued by the police station, proves that the defendant has never committed a crime before this, has not been subject to administrative punishment, and has always kept to himself.

The third piece of evidence, a certificate issued by the school, proves that the defendant never had a fight during his school years, studied hard, and had no bad habits. Fang Yi said.

Originally, Fang Yi wanted the village to submit the certificate of the village committee to the court, but later he asked the village committee to cooperate and followed him to the school and the police station to issue several certificates, and Fang Yi submitted all the certificates to the court as evidence.

"What is the prosecutor's opinion on the evidence submitted by the defendant?" The judge asked.

"No comment." The female inspector with a ponytail said.

(End of chapter)