A female clerk who was about to get married was intercepted by off-duty police when she went out. She reacted fiercely and involved kicking the police and brandishing a sledgehammer. She also falsely reported her address and was charged with three crimes including assaulting the police. After the case was interrogated earlier, today ( On the 24th, the West Kowloon Court ruled that the magistrate Qu Liwen said that the female defendant who had suffered from traumatic sequelae caused by domestic violence had the opportunity to become a frightened bird because of her condition and was stimulated by interception and investigation. She may only take out the sledgehammer to protect herself. However, she was intercepted not far from home. It is impossible to know her address, believing that she was deliberately making a false report, and convicted her of misleading the police officer.
The female defendant pleaded that she was planning to get married that day, but because of the incident, she missed the auspicious time and the wedding banquet had to be postponed.
Official Qu adjourned the case to December 14th, pending his social service order and background report.
The female defendant Feng Chuhui (31 years old, clerk) was charged with assaulting police officers, possessing offensive weapons in public places, and knowingly misleading police officers. She was accused of being in Chengda Building, Anda Village on November 15, 2020. Police officer 58665 was attacked in the underground lobby; on the same day and in the same place, without reasonable excuses, he was in possession of a knife; and on the same day, the address was falsely reported in the report room of the Sau Mau Ping Police Station, misleading police officer 27034.
After interrogation, Feng was only convicted of misleading the police officer.
I was planning to get married on the day of the incident
The defense pleaded that Feng had experienced two domestic violence and suffered from traumatic sequelae. Fortunately, he met today's husband and did not mind marrying Feng, who has an 11-year-old daughter.
Her husband and many relatives and friends also pointed out that Feng is a kind-hearted person who is willing to give.
Feng originally planned to get married on the day of the case. Although he was released on bail after being arrested, the auspicious time has passed and the wedding banquet has been postponed. Feng's mood is affected to a certain extent. I hope the court will accept the light sentence for a single incident.
Suffering from traumatic sequelae after experiencing domestic violence
At the time of the ruling, Qu Guan said that the clinical psychologist Cai Huiming said that Feng was diagnosed with post-traumatic sequelae due to domestic violence, and that day caused by environmental stimuli, he kept jumping, walking around and yelling and other fierce behaviors.
Qu Guan believed that this was Feng's natural reaction when he encountered an unexpected event. He could not rule out Feng becoming a frightened bird because of the irritation. He believed that he needed to protect himself before taking off his foot and taking out the sledgehammer.
The police officer's confession was inconsistent
In addition, the police officer involved in the case fluctuated and was inconsistent during cross-examination by the defense, and the fragments were not consistent with his confession. For example, he confessed that he had disclosed his identity as a police officer three times, but the confession was only mentioned once. I did not expect to show the commission card when I lifted the lift, and later changed his statement that the environment was not suitable. As for the injury and location of the attack, it was also inconsistent with the medical report, so it was ruled that Feng was not guilty of assaulting the police.
Zeng yelled and called his fiance for help
Regarding the crime of concealing a sledgehammer, Qu Guan believes that the sledgehammer is not an offensive weapon in nature. Feng has the "Japanese Harmony Pastel" certificate and the sledgehammer is an essential tool. He believes that Feng Daibei may not have the intention to hurt people. At that time, facing a strong and unfamiliar man, she tried to leave unsuccessfully, and even pushed her. Feng Jue was in immediate danger of being attacked. She called her fiance for help and yelled for help, thinking that Feng took out the sledgehammer from the pencil case. Reasonable approach, so the verdict was not guilty.
You must know your address just after leaving the residence
However, on the crime of misleading police officers, Qu Guan claimed that Feng had just left his residence at the time and he must know his address. However, he twice told the police the address of his new wedding house that he had not moved in and had only been to a few times, and confused the floor of his old residence. The coincidence was unbelievable, so he was found guilty.
Case Number: KTCC 2048/ 2020
A 20-year-old young man was accused of defrauding money and falsely claiming that he was imprisoned and blackmailed for reporting a fake case. The female lawyer was indicted for kicking a police officer and getting off the car. Young man found inside shoes was convicted of misleading police officer, probation for speeding in private car, claiming that the license plate number was stolen, 31-year-old male was arrested for misleading police officer
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