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2010年5月初某日,在振江食杂店内,被告人朱明生与被害人韦岩因打麻将发生口角,当时双方已经结仇。2010年6月2日10时许,被告人朱明生与被害人韦岩在韦岩所居住的小区内的振江食杂店门前相遇,并在该处发生撕扯,被群众拉开后被害人韦岩回家去取了一把未开刃的剑和一把没有杀伤力的发令枪,与滞留在案发现场的被告人朱明生发生殴斗,之后,被告人朱明生持随身携带的尖刀刺被害人左胸部一刀后逃跑。被害人韦岩被锐器刺破心脏致急性失血性休克而死亡。公诉人与辩护人就各自的观点分别进行了阐述,双方围绕着被告人朱明生应以故意伤害罪追究其刑事责任还是符合正当防卫产生了激烈的争议,笔者结合自身持有观点阐述对本案的几点看法。
One day in early May 2010, in the Zhenjiang Grocery store, the defendant Zhu Ming-sheng and the victim Wei Yan quarrel occurred because of playing mahjong, when the two sides had already fought. At 2 pm on June 2, 2010, the defendant Zhu Mingsheng met the victim Wei Yan at the front of the Zhenjiang Grocery store in the district where Wei Yan lived and was torn at that place. After the masses opened the victim Wei Yan Went home and took an unskilled sword and a lethal command gun to fight the defendant Zhu Mingsheng who was detained at the crime scene. After that, the defendant Zhu Mingsheng stabbed the victim with his sharp knife Escape chest after a knife. Wei Yan rock was shattered by the heart to acute hemorrhagic shock and death. Prosecutors and defenders respectively elaborated on their own points of view, the two sides around the defendant Zhu Mingsheng should be investigated for criminal intention of assaulting criminal or justified defense had a fierce controversy, the author combined with their own point of view to explain the case of points view.