In addition, from the victim's act of picking up an empty beer bottle, smashing the wine bottle, and then holding the broken wine bottle to the defendant to demand money, it can also be seen that the victim's real purpose was to retaliate against the defendant, which constituted picking quarrels and provoking trouble.

After that, the victim Li Tao said that he wanted to 'bleed' the defendant, and stabbed Gu Changfu in the face with a broken wine bottle. Gu Changfu couldn't dodge and was stabbed in his left neck and face.

The victim's conduct is essentially a situation in which one of the parties suddenly attacks after the mutual assault has stopped. At this time, there was no mutual assault between the two parties, and the victim led others to find fault, the purpose of which was to beat the defendant out of anger, and the defendant Gu Changfu did not intend to fight, but was only forced to defend himself when the victim committed the attack, so the victim Li Tao was an unlawful aggressor.

After being stabbed by the victim, the defendant Gu Changfu adopted a defensive method of hugging the victim Li Tao's waist in order to stop the victim from continuing to commit unlawful violations against him, and then the two fell down due to the slippery ground.

Defendant Gu Changfu stopped the victim Li Tao from committing unlawful infringement with a broken wine bottle for the purpose of self-defense, and the defendant's conduct met the requirements for legitimate defense as provided for in the Criminal Law, and the defensive conduct did not exceed the necessary limit. The victim Li Tao was stabbed to death by the broken wine bottle he was holding, which was impossible for Gu Changfu to expect.

To sum up, after the dispute between the defendant Gu Changfu and the victim in the bathroom, the defendant's conduct to stop the victim Li Tao's sudden attack was justified defense. The defendant shall not bear criminal responsibility for the consequences of the act of self-defense, nor shall he bear civil liability. Complete. After Fang Yi finished speaking, he put down the written defense opinion in his hand.

(Note: The Supreme People's Procuratorate and the Ministry of Public Security's "Guiding Opinions on the Proper Handling of Minor Injury Cases in Accordance with Law", Gao Jian Fa Ban Zi [2022] No. 167, clearly requires that a proper distinction be made between legitimate defense and mutual assault type intentional injury.) Typical cases are also cited.

The Guiding Opinions point out that where a dispute arises over trivial matters and both parties are unable to exercise restraint and a fight is triggered, where the party at fault acts first and the means are obviously excessive, or where one party takes the first action and continues to infringe despite the other party's efforts to avoid conflict, and the party who retaliates causes harm to the other party, it shall generally be found to be legitimate defense.

However, in addition to the relatively clear restrictions on the first action in this article, the remaining definitions of words such as "obvious" and "excessive" are too vague, and it still depends on how the presiding judge grasps them, which tests the judge's daily life experience and professional level.

However, the promulgation of the guiding opinions, in the author's view, is the advancement of the legal system, and the legal provisions are closer to reality and more down-to-earth.

……

The most nervous person in the courtroom is the defendant Gu Changfu. Because the verdict of this case will determine whether he can continue to engage in his beloved research and development work in the future, and it may also completely change the direction of the second half of his life.

After a brief adjournment, everyone in the defendant's bench, the observer bench, and the defense bench looked at the presiding judge with a worried mood.

The court held that the victim Li Tao's act of injuring the defendant Gu Changfu with a broken wine bottle was an unlawful infringement. When the defendant Gu Changfu was stabbed in the left neck and face by Li Tao, in order to prevent Li Tao from continuing to commit the harmful acts, he hid behind Li Tao and hugged Li Tao's waist, and then the two slipped, causing Li Tao to be stabbed to death by a broken wine bottle in his possession.

The act taken by the defendant Gu Changfu to stop the unlawful infringement in order to protect his person from the ongoing unlawful infringement is justified defense, and he does not bear criminal responsibility for the damage caused to the unlawful aggressor, nor does he bear civil liability for compensation. Verdict: Defendant Gu Changfu is not guilty and is not liable for civil compensation.

The case was decided, and the defendant Gu Changfu was released in court.

Wu Qinghui, who was in the auditor's seat, really experienced Fang Yi's professionalism, and the feeling of sitting on the defense bench and "fighting the Confucianism" made him addicted.

Gu Changfu and his family are very grateful to Fang Yi.

A few days later, after receiving the verdict, the victim's family appealed against the first-instance verdict. The procuratorate also raised a protest on the grounds that the defendants' conduct was intentional injury to others during mutual assault, which constituted the crime of intentional injury and was not justified defense.

Gu Changfu and his lover found Fang Yi again to go through the entrustment procedures for the second instance, and Fang Yi collected another 100,000 yuan in lawyer fees. Of course, the cost is still borne by Fahrenheit.

However, the second-instance trial had not yet begun, and the municipal procuratorate withdrew the protest against the case after reviewing the protest opinions. This surprised Fang Yi, it seems that the level of the municipal procuratorate is still high.

After hearing the case, the Intermediate People's Court made a ruling allowing the Municipal Procuratorate to withdraw the protest and rejected the appeal of the plaintiff in the attached civil lawsuit. So far, Gu Changfu's intentional injury case has been closed.

The day after receiving the second-instance ruling, Lu Zhengfeng came to Wanhua United Law Firm, and Fang Yi handed him the ruling in the conference room.

"Mr. Lu, what's going on with Mr. Gu's case, do you have eyebrows?" While chatting, Fang Yi asked casually.

"There is a result, in fact, this is not a secret, the company has already dealt with it, it doesn't hurt to tell you......" Lu Zhengfeng said what happened with a relaxed face.

In fact, when Lu Zhengfeng and Fang Yi docked the case, Zhang Jun had already begun to send someone to privately investigate the relevant situation, and later after Fang Yi told Lu Zhengfeng what he heard, Zhang Jun was even more sure of the guess in his heart.

Gu Changfu is the general manager of the group's R&D department, leading the research and development of new projects, Hua's group attaches great importance to the protection of company secrets, and spends tens of millions of dollars on the protection of trade secrets every year, and there has been no problem.

After investigation, it was finally determined that the suspect was Ge Hong, the vice president of the R&D department, who was always the first senior engineer poached from the research institute by the group.

Later, because the business ability could not meet the requirements of the group, Zhang Jun recruited Gu Changfu again, and Mr. Gu led several major projects as soon as he came, and the limelight covered Ge Hong. Seeing that there was no hope of rising, Ge Hong was jealous, so he planned to sell some information to make some extra money.

As a result, he was targeted by the competitors of the Fahrenheit Group, and after the competitors bought the materials from Ge Hong several times, they found that Gu Changfu was leading people to develop new projects, so they planned to let Ge Hong steal some project data.

Ge Hong has his own abacus, he negotiated conditions with the other party, it is okay to steal data, but he must put Mr. Gu down, so that he will not be able to participate in research and development for at least half a year.

Ge Hong's purpose is very simple, after Gu Zonggan is down, the Fahrenheit Group will not find a suitable candidate for a while and a half, and there is a high probability that he will be reactivated, so that he can use the previous research data and team of Gu Zonggan to benefit himself, consolidate his position, and at the same time can also get in touch with more new project information.