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The defendant in the case of a Chinese pregnant woman falling from a cliff in Thailand was sentenced to 10 years’ life imprisonment, and the court determined that it did not constitute a deliberate murder: On June 9, 2019, the case of a Chinese pregnant woman falling from a cliff in Thailand attracted attention across the Internet. On March 24, 2020, the Thai court sentenced the defendant Yu Moudong for deliberate murder and sentenced to life…see details
From Zhihu Daily
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On June 9, 2019, the case of a Chinese pregnant woman falling from a cliff in Thailand aroused the attention of the whole network. On March 24, 2020, a Thai court sentenced the defendant Yu Moudong to life imprisonment for deliberate murder.

The victim told us in an interview with a reporter from that the second-instance verdict overturned all the convictions of premeditated murder in the first instance, and Yu Moudong’s sentence was changed from life imprisonment in the first instance to 10 years in prison.

“My lawyer said that the reason for the court’s decision was that the police did not find tools such as ropes and knives, and the court determined that it did not constitute a deliberate murder.” “My heart really broke down. I couldn’t stand it. Our whole family couldn’t stand it.

A few facts: 1. The victim, Ms. Wang, was four months pregnant at the time. She was pushed down and was seriously injured. Later during the treatment, the child induced labor because of the use of a lot of drugs. (The offender not only tried to murder his wife, but also killed his own children.) 2. After committing the crime, the offender sat on the cliff for half an hour and did not hear any movement under the cliff. He thought that the victim was bound to die, so he left and met on the road. When the ambulance came to the first aid (the tourist reported the incident), he immediately turned back, but because it was “a step late”, the first aid personnel had already come to the victim, so there was no way to silence it. 3. Started acting in the hospital and lied that the victim fell by himself. At that time, he left, and while acting affectionately in a foreign language, he threatened the victim in Chinese not to say that no one understood here, and issued death threats. 4. The victim took advantage of the perpetrator to go out to buy breakfast and call the police a few days later. The police quickly applied for an arrest warrant. (The attention of the Thai police and the speed of response have been very good so far) 5. The victim reported that after the incident, the mother of the perpetrator asked her to say that she fell down by herself, saying that she would give the perpetrator a chance. In the court, the victim also lied to her that she had fallen by herself. 6. The victim endured great physical pain in the few days without reporting to the police while dealing with the criminal, and showed weakness to allow the criminal to agree to notify a friend of her in China, and the friend secretly recorded the conversation with the criminal after passing by. The perpetrator admitted that he pushed his wife down, which also became evidence of conviction in the court. (The victim’s wit and powerful psychological control are admirable.) 7. The criminal has been using a slaughter plate to conceal the fact that he has been in prison for eight years and the fact that he was married. After being discovered, he lied again and again. . 8. In previous reports, it was said that the criminal’s criminal motive was fraudulent insurance. Although there was indeed insurance, the insured amount was not too much, totaling 300,000. The true goal of the criminal was to inherit the victim’s inheritance (with Xu Guoli in the Hangzhou Wife Murdering Case). The motivation is the same). The victim is a successful entrepreneur in Thailand, with factories, Chinese restaurants, real estate, etc., with tens of millions of assets. 9. The offender has no formal job, is a gambler, and owes a lot of debts. The victim gives 20,000 offenders to the offender every month after marriage is still too small. 10. Two years after the incident, although the victim had undergone many operations, the victim was still unable to walk normally. 11. In a short video “Answering Netizens’ Questions” released by the victim, she answered the question “Do you still believe in love?” But it doesn’t mean that other people can’t meet true love.” When she answered, her tone was calm and sincere. The above information comes from media reports and the victim’s Douyin self-report. The victim’s logic is very clear, his mentality is very strong, he is excellent with the naked eye, and his growth environment is purely unprepared for scum. It can be said that the criminals are cunning, treacherous, and vicious beyond the reach and imagination of ordinary people. From the very beginning, the criminal knew the victim by treating her as an ATM, a pua object, and a target of the crime. He didn’t have the slightest sincerity. He didn’t want to act until he got married. The victim later gave a lot of money out of affection, and then he was basically disappointed. It’s ok, but because I feel that the sunk cost is too high and I’m not reconciled, I haven’t left. She changed her heart, he was always weighing whether she was alive or she could get more money if she died. This kind of anti-social personality should be regarded as a certain control and disguise ability. Ten years later, this person was released from prison. I don’t know if he will harm the victim again, or harm other people again? The only thing that is impossible is to rehabilitate, because he had been in jail for eight years before the crime. Almost, the victim died in vain and may be regarded as an accidental death, but she insisted till now, the perpetrator has only been imprisoned for ten years. Whether it is she or bystanders, it will be unfair.


By zhiwo

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7 months ago

“No killing tools such as ropes and knives were found”? The man bought the insurance and the beneficiary was himself, and pushed him off the cliff. Isn’t the tool of killing just a pair of hands and a vicious heart? The person concerned said that he would “continue to fight this murderous demon, it is really helpless”. Let’s make a joke: Article 112 of Thailand’s Criminal Code stipulates that: protect the royal family from slander, insult or threats. A Thai woman was sentenced to 43 years in prison for “insulting the royal family”.

7 months ago

For friends to review the case: On June 9, 2019, Wang Ling, who was three and a half months pregnant, was pushed down from a 34-meter cliff by her husband Yu Dong (a pseudonym) in Padang Park, Ubon Ratchathani, Thailand. There were 17 fractures, and it took 8 days to survive in the ICU, and the fetus in the abdomen could not be saved. After Ms. Wang survived, she accused her husband of pushing her off the cliff. According to the police, Yu Moudong coveted his wife’s assets of nearly 100 million baht (approximately 20 million yuan). He is not doing business and gambling debts. His wife only agrees to help him pay half. If his wife dies, Yu Moudong can get all the money. On August 2, 2019, Yu Moudong entrusted his mother Lu Mou to sue Ms. Wang, requesting a divorce between the couple and 11 million yuan in property division. The local court rejected the divorce request after review. On March 24, 2020, the case was sentenced in Thailand’s first instance. Yu Moudong was sentenced to life imprisonment and compensation to Ms. Wang was 1.275 million yuan. Yu Moudong requested an appeal in court. Ms. Wang once said that the day before the trial, Yu Moudong’s family sent a provocative message: “He (Yu Moudong) is confident to be released in court!” Yu Mou and his lawyer appealed in court, and the second instance will be transferred to the higher court for trial. Ms. Wang said that at the court hearing, Yu Moudong had a bad attitude and did not plead guilty. In the 10 months since the case occurred, Yu Moudong and his family have not said a word of sorry. Looking back on the exchange between the two, Ms. Wang’s evaluation was “abnormal.” Ms. Wang and Yu met at a party on May 18, 2017. At that time, Yumou deliberately adjusted her seat and struck up a conversation with Ms. Wang, and asked her where she came from. After Yu’s repeated requests, Ms. Wang added his WeChat. After taking Ms. Wang to and from school every day for two weeks, Yu made a request to Ms. Wang. When the two had known each other for more than 20 days, Yu began to propose to Ms. Wang. With Yu Mou repeatedly expressing her feelings, Ms. Wang finally agreed to his marriage proposal. In July 2017, Yu bought a ticket to return to China with Ms. Wang on his back and asked Ms. Wang to return to China with him. On the evening of July 14, Yu made a request to Ms. Wang for the permit. On July 15, the two “wrapped up the marriage in a muddle.” However, it was only after marriage that Ms. Wang knew that Yu Moudong had many cases before and had also been in jail. “He is not only a gambler who owes debts, he committed theft and robbery three times in a row in four days, and was also accused of economic dispute Go to court.” After the marriage, Yu was also different from the “gentleman and hardworking” image he had created before marriage, and he began to show his true colors. According to Ms. Wang’s recollection, “All his communication with me was asking me for money, asking me to help him pay off debts, and quarreling with me. All the focus was on asking me for money. If I didn’t give him, he would ask for a divorce. , Divorce and divide my property and so on.” On April 1, 2019, Ms. Wang confirmed that she was pregnant. On April 18, 2019, Yu bought insurance for Wang. If there is a serious illness, 300,000 yuan can be compensated, and 310,000 yuan can be compensated if accidentally killed. And the payee signed Yu’s name. On June 9, 2019, Yu took Ms. Wang up the cliff to watch the sunrise on the grounds that “dream is to watch the sunrise with the one I love”. At the time of the incident, Ms. Wang recalled, “After he walked behind me, he put his hands around me, hugged me and kissed my right cheek, and said very viciously, “Go to hell.” Push it down.” After she was sober, Ms. Wang was pulled by an ambulance to the hospital. Afterwards, Yu Moudong lied that his wife had disappeared when the two separated to go to the bathroom halfway through the same day. Later, he found that the ambulance went up the mountain and realized that his wife had fallen off the cliff. While the woman was hospitalized, Yu Moudong was in the ICU for 24 hours. Every time the police came to make a transcript, Yu Moudong stared at the seriously injured wife in the hospital bed. Ms. Wang also remained silent for fear. Ms. Wang said after the case that she was hospitalized. Yu Moudong went to the bed and threatened herself not to scream, or she would kill her. Finally, after the opportunity to call the police, Ms. Wang immediately chose to call the police. The police received the arrest approval within 12 hours. At 12 noon on the 15th, Yu was arrested. Arrest. Resuming this “life and death” experience, Ms. Wang thinks that I am like a sign on the highway that says: “There are frequent accidents. Please slow down and ensure safety. “When asked what she would like to say to herself in 2021, Ms. Wang replied, “The past is over and a new life has begun. I hope that all my road ahead will be smooth, and my future is The sea of ​​stars is worth it. “Source: Global Net, Jiangcheng Evening News, New Evening News

7 months ago

The result of this revised sentence may be a big blow to the victim and his family. The second instance overturned the conviction of premeditated murder. Before reading the news, when the first instance was judged, it was said that Yu Moudong had always made zero confession. The court of second instance held that no tools of killing such as ropes and knives were found. The court determined that it did not constitute a deliberate murder and lacked key physical evidence, and only the victim made a statement. The victim’s lawyer said that he would appeal to the Supreme Court of Thailand, and the final result has yet to be waited. This case is very controversial. I personally think that it is possible to convict the death penalty for intentional homicide in China. China’s judicial system is sound and its investigative power should be better than Thailand.

7 months ago

One thought of heaven, one thought of hell; one thought to become a Buddha, one thought to become a demon. After reading the case analysis provided by Sohu News, logically speaking, there is indeed a suspicion of deliberate murder. In addition, the man still has a case history, so he hurriedly rushed to propose, obtain a certificate, and get married in a hurry. But what is not quite understandable is the second-instance judgment of the court: because no tool was found to commit the crime, it was determined that it did not constitute a deliberate murder. To decide a case, it is necessary to talk about evidence, personal evidence and physical evidence. But if the case was indeed pushed down by the man with his hands, then there is no physical evidence. Can’t all criminal cases without physical evidence bring the criminals to justice? The picture comes from Sohu News. Just imagine, if the person who sleeps with you every day is a demon with a human face and an animal heart, it is still so cripple.

7 months ago

This result is indeed a regrettable sentence for the victim and his family. But from a legal perspective, there may indeed be no more direct evidence of premeditated murder. After all, the content of the previous media reports does not rule out the suspicion of adding fuel to the vinegar. On the mountain, because it is pushing people down the cliff, there is no monitoring and other third-party witness evidence. It is not like the “Shanghai Wife Murdering and Hidden Corpse Case”. Before the defendant was found, he bought books on how to kill and dispose of the corpse, prepared the tools for committing the crime in advance, and deceived the victim to go to another place in advance in order not to be discovered after committing the crime. Asking the victim to quit his stable job is a series of obvious premeditated acts. If the defendant does not admit that he was premeditated, it is indeed difficult to deal with murder based on the one-on-one testimony between the victim and the victim without other relevant evidence to confirm it. The respondent’s point of view in this case is that although Article 7 of the General Principles of the Criminal Law of my country has an express provision of personal jurisdiction: “If citizens of the People’s Republic of China commit crimes stipulated in this law outside the territory of the People’s Republic of China, this law shall apply… “But even if the case is under the jurisdiction of our country’s judicial organs, it cannot be ruled out that such a result will be the final result. The sentence may not be very different from the current result. The reason is still a matter of obtaining evidence. After all, the final judgment of the case cannot be determined entirely based on the content of the media reports. It must be judged by the relevant evidence collected by the judicial organs. If there is no evidence of premeditated intentional murder, the defendant himself If the confession is not granted, according to the “Intentional Homicide” of my country’s Criminal Law, if the victim is not dead, the sentence is likely to fall within the range of more than ten years of fixed-term imprisonment and life imprisonment. Most people should be aware that the life sentence in our country can be reduced to fixed-term imprisonment if there is no restriction on commutation. Therefore, as a lawyer for the prosecution and the victim in this case, we should increase the efforts to search for evidence and review the evidence of conspiracy. Indirect evidence such as the victim’s good family status and the purchase of personal insurance can hardly achieve the desired effect in law.

7 months ago

On May 26, the second-instance verdict was pronounced in the case of a Chinese pregnant woman falling from a cliff in Thailand, which had previously been a concern. After a written trial, the Thai court overturned the previous finding of “premeditated murder” in the first instance, and the defendant Yu Moudong’s sentence was changed from life imprisonment in the first instance to 10 years in prison. Regarding this revised sentence, the victim of this case, Ms. Wang, said that she could not understand and accept it and would continue to appeal. The man’s mother refused to respond, saying that she would not talk about another word.

7 months ago

This was a Thai court ruling, and the ruling was still the Chinese. Given Thailand’s dependence on China and the degree of attention of the case, I believe this judgment should be very cautious in legal procedures. In this case, the man suddenly pushed the woman on the edge of a cliff, trying to kill the woman. But such a simple and rude crime is actually difficult to commit. The crime must be based on evidence. This is an important component of modern judicial proceedings. A crime that has no evidence left can easily be overturned by the defendant’s lawyer in the procedure. Unless it is the influence of public opinion or extra-judicial political interference, or just relying on a procedural game, you can let the court convict deliberate murder, but there is no evidence at all. This is really a bit difficult. I believe that the Thai court definitely wants to bring the bad guys to justice, because before and after the incident, both the Thai police and hospitals have provided great help to protect the woman and prosecute the perpetrators. It can only be said that if there is no evidence to find, the prisoner will never admit it and will not provide a confession. This is more difficult in the current judicial proceedings, and it is expected to be similar in China. I sigh.

7 months ago

1. Men are afraid of getting into the wrong line, women are afraid of marrying the wrong man. Regardless of men and women, choosing a spouse is a top priority. I advise everyone to check the credit and judgment documents before getting married. The negotiation documents have been made public, and most of the documents in the country will go online if a person is really involved in criminal or civil administration. This is much more reliable than a matchmaker introduction. 2. It’s okay to find someone who is poor, but you must not have bad habits, especially those with bad habits of pornography, gambling and poisoning. Believe me, there will be the first time, there will be a second time, human beings can’t match their own desire for pleasure. 3. It is a very vicious and stupid trick to endanger people to buy life insurance.

7 months ago

What we are going to talk about today is the Ming Dynasty, and the protagonist of this story is called Yu Jin. He should be regarded as a child of a rich family. His parents opened an inn and lived a very rich life. His parents loved him since he was a child. After the crowning, I don’t have to work every day. I take reading as a pleasure. I will carry a bird in my free time and walk around the street. I will help when encountering injustices. Everyone called him “Golden Lord”. On this day, a face came on the street. The big guy was attracted to surround him. Yu Jin saw it and wanted to see the excitement. When the face met saw him , He recognized it immediately. He knew that the “Golden Master” had money at home, so he wanted to pay him two. Pretending to glance at him inadvertently, he said loudly, “This man, I see your Yintang shines, and a beam of light above your head shines through the sky. It must have been rescued by an expert.” This aroused Yu Jin’s curiosity. , Asked: “What is the basis for saying this?” He smiled in front of him: “Want to know the cause?” After saying that, he rubbed his hands and Yu Jin understood it at first glance, and immediately slapped a couple of silver dollars. He put the silver into his pocket, trimmed his clothes, and began to talk about it. What Yu Jin didn’t know was what Yu Jin’s father owed a huge sum of money more than 20 years ago, so he fled. When I arrived in this small town, because Yu Jin’s father was very good at coming, he soon mixed up in this small town. He learned from a friend that Yu Jin’s mother’s inn’s business was very successful. So all kinds of sweet talk began, and soon the two became married. The life is very sweet. Yu Jin’s mother was pregnant with Liujia soon, and she once thought that she was married to the right man until this day, the couple came together. Watching the sunrise, on a cliff, the husband hugged his wife, but the warmth was broken by the husband’s saying “Go to die”. The wife was pushed off the cliff 102 feet away. Fortunately, there was a tree “fishing”. I lost my wife. Fortunately, a shepherd found her in time, rescued her, and sent her to the hospital. The wife’s life was saved, but the child in the abdomen failed to keep the husband doing at this time. Sitting on the edge of the cliff for half an hour, just to confirm the death of his wife, and then lied to his wife that he fell while playing a joke in the hospital, while threatening his wife. Fortunately, his wife’s temperament was strong, and instead of dealing with evidence, he succeeded in proving that he was. Was pushed down, and the purpose of the husband’s doing this was for his wife’s money from beginning to end. The husband never gave his wife sincerely. He always regarded her as a money bank, an item to withdraw money, and then the husband was sent to the yamen. Soon The county grandfather announced the result of the sentence of life imprisonment, but then I don’t know why the county grandfather changed his statement because he did not find any tools of murder such as ropes and knives. The sentence was changed to 10 years of imprisonment, and the people and their wives were unable to accept it. Here, the face suddenly stretched out his hand and said: “The dead child in the belly is actually you, Yu Jin!” Yu Jin was taken aback by this finger, and when he recovered, he cursed: “You This face is really nonsense and doesn’t have a red face. Shouldn’t I just stand here?! To bluff people, let’s do some new tricks, it’s so boring.” The people next to him also went along with the swearing and cheating. People who met each other just smiled, and left without saying anything. Although he said so, he still thought about something in his heart because Yu Jin remembered his father had told him that he had a face. He told him something, and that’s why he retreated from the cliff, and now he has his current life… The above is purely fictional. After reading this news, I think that child is the biggest victim.

7 months ago

Don’t be desperate. Even if Yu Moudong is sentenced lightly by Thailand, he may still be sanctioned by my country’s criminal law if he returns to his country. my country’s “Criminal Law” stipulates Article 7 [Personal Jurisdiction] This law shall apply to citizens of the People’s Republic of China who commit crimes stipulated in this law outside the territory of the People’s Republic of China, but the maximum sentence stipulated in this law is a fixed-term imprisonment of not more than three years Yes, it can not be held accountable. Article 10 [Passive Recognition of Foreign Criminal Judgments] Anyone who commits a crime outside the territory of the People’s Republic of China shall be criminally liable in accordance with this law, although it has been tried in a foreign country and can still be investigated in accordance with this law, but has already been punished in a foreign country , Can be exempted or mitigated punishment. Article 87 [Time Limit for Prosecution] The crime shall not be prosecuted after the following periods: (1) If the legal maximum penalty is less than five years imprisonment, five years have passed; (2) The legal maximum penalty is more than five years but less than ten years. If the sentence is imprisoned, it passes through ten years; (3) If the legal maximum sentence is more than ten years imprisonment, it passes through 15 years; (4) If the legal maximum sentence is life imprisonment or the death penalty, it passes through 20 years. If it is deemed necessary to prosecute after 20 years, it must be reported to the Supreme People’s Procuratorate for approval. Article 232  [Intentional Homicide] Intentional homicide shall be sentenced to death, life imprisonment, or fixed-term imprisonment of more than ten years; if the circumstances are less serious, the sentence shall be three to ten years imprisonment. The Extradition Treaty between the People’s Republic of China and the Kingdom of Thailand stipulates that the People’s Republic of China and the Kingdom of Thailand (hereinafter referred to as the “Contracting Parties”) shall, on the basis of mutual respect for sovereignty, equality and mutual benefit, conclude this extradition treaty in order to promote effective cooperation in the punishment of crimes between the two countries. , And reached the agreement as follows: Article 1 Extradition Obligation The contracting parties are obliged to mutually extradite persons found in the territory of one contracting party and prosecuted in the territory of the other contracting party in accordance with the provisions of this treaty, in order to bring prosecutions against extraditionable crimes, To conduct a trial or execute a sentence. Article 2 Extraditable crimes 1. For the purposes of this treaty, extraditable crimes refer to crimes that are punishable by imprisonment for more than one year or other forms of detention or any heavier penalties according to the laws of the contracting parties. 2. If the person involved in the extradition request is sentenced to imprisonment or other forms of detention by the court for any extraditable crime, the extradition can only be granted if the sentence has not been executed for at least six months. 3. For the purposes of this article, when deciding whether a crime constitutes a crime under the laws of both contracting parties, it shall not be affected by whether the laws of both contracting parties classify the acts that constitute the crime into the same crime category or use the same crime. Article 3 Circumstances in which extradition should be refused Extradition shall not be made in accordance with this treaty under any of the following circumstances: … 5) Before submitting the extradition request, the requested party has already made a judgment on the requested extradition for the same crime. The above can constitute a logical closed loop: First, Yu Moudong is suspected of intentional homicide. Although the crime is located in Thailand, based on the principle of personal jurisdiction of the criminal law, he is still governed by China’s criminal law; second, even if it is based on the provisions of the Sino-Thai extradition treaty, Because Thailand has already sentenced Yu for intentional homicide, China cannot extradite it; however, Yu has already been punished in Thailand, but according to the Criminal Law, “accepting a penalty in another country” is not a reason to evade the sanctions of China’s criminal law; finally, If Yu returns to China, China can still continue to pursue his criminal responsibility, and in terms of punishment, it is “reducible” rather than “should (must) be mitigated.” To make a digression, Yu’s behavior is really a demon in the world, but he chose to kill in Thailand. I don’t know if he did enough homework beforehand, which makes people shudder. I am not a person who advocates abolishing death. The death penalty’s proposition “to protect the rights of the weak and to prevent the irreversible consequences of unjust, false, and wrong cases” is very enlightening to me, but I think the death penalty is more important for the deterrence of extreme crimes. For example, in vicious cases such as Dalian driving revenge against the society, killing wives and defrauding insurance, if they cannot be sentenced to capital punishment, I think it goes against the simple values ​​of the public. Why is Yu’s choice of crime location shuddering, because although Thailand has the death penalty, the execution rate is so low that it is touching! The death penalty is basically a paper tiger in Thailand. It exists but is not executed. Over the years, many foreign human rights protection organizations, including the Geneva Human Rights Commission, have repeatedly called on Thailand to abolish the death penalty. Thailand has stated that although it still retains the death penalty, it is willing to gradually adopt “life imprisonment as the most serious criminal law” according to the situation. “The actual abolition of the death penalty”-moving closer, many prisoners sentenced to the death penalty were “long queues” because they did not get the final execution notice. It has been 8 years since the death penalty has not been executed. If there is no possibility of reversal of the Thai judgment, then I can only hope that Yu will return to the embrace of the motherland as soon as possible and feel the sanctions of our country’s legal justice.

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