Lawyer
Chapter 616 Very Displeased
Chapter 616 Very Displeased
When Zhou Ying ran into Fang Yi's office with a document just now, Wu Qinghui also followed.
"What are you doing with a teapot?" Zhou Ying asked when she turned her head and saw Wu Qinghui following behind with a glass teapot.
"Ah...it's okay, I'll check to see if there is water in Lawyer Fang's teacup." Wu Qinghui was taken aback, and then came to Fang Yi's desk.
"Xiao Zhou, what's the good news?" Fang Yi asked.
"Do you still remember the robbery case of Yang Rongwei that I told you about last time?" Zhou Ying said excitedly.
"Yang Rongwei?" Fang Yi looked at Zhou Ying suspiciously.
"It's the legal aid case of burglary, where the victim was severely injured. The first instance court sentenced the defendant to death with a reprieve, and the second instance changed the sentence to death and executed it immediately. The Supreme Court reviewed the death penalty." Zhou Ying said.
"Remember, the Supreme Court's death penalty review result for that case came down?" Fang Yi asked.
"It came down, the Supreme Court changed the sentence, this is the judgment of the Supreme Court.
After review, the Supreme Court held that the defendant, Yang Rongwei, used violent means to enter the house and rob other people's property. His behavior constituted the crime of robbery, and the criminal methods were cruel, the circumstances were bad, and the serious consequences of causing serious injuries to the victim should be punished according to law.
The facts identified in the judgments of the first instance and the second instance were clear, the evidence was reliable and sufficient, the conviction was accurate, and the trial procedures were legal.However, in view of the fact that the defendant Yang Rongwei is a first-time offender, the consequences of the crime are not particularly serious, and he has a good attitude of pleading guilty after being brought to justice, so the death penalty may not be executed immediately.
The sentencing of the first-instance judgment was appropriate, but the second-instance judgment was inappropriate and should be corrected.The verdict is as follows:
[-]. Revocation of the sentencing part of the defendant Yang Rongwei in the criminal judgment of the Provincial Higher People's Court;
[-]. Defendant Yang Rongwei committed the crime of robbery and was sentenced to death with a two-year reprieve and deprived of political rights for life; all personal property was also confiscated. After Zhou Ying finished reading the Supreme Court's verdict with a straight voice, she handed the verdict to Fang Yi.
"Wo Cao, the victim was severely injured during the robbery and was sentenced to death with a reprieve. Why are you so happy? Shouldn't you be severely punished?" Wu Qinghui said with a sense of justice.
"As a commoner, there is nothing wrong with you saying that, but as a legal person, it's not appropriate for you to say that. Any crime must have a degree of harm. If it is not a heinous crime, it cannot be sentenced to death. Do you understand? " Zhou Ying said old-fashionedly.
"Understood, I'll write it down in my notebook when I get back." Wu Qinghui said in a doggy manner.
"Lawyer Fang, I'm going back first." After Zhou Ying finished speaking, she turned around and went out with bold steps.
"Hey! Don't look, no one is there." Fang Yi smiled and reminded Wu Qinghui, who was standing by the side stretching his neck and looking out the door, as if his soul had been taken away by Zhou Ying.
Embarrassed, Wu Qinghui smiled and said, "I mainly want to give you some tea."
"Forget it, yours is black tea, mine is green tea..." Fang Yi smiled.
Gu Changfu's case finally came to court. Although Wu Qinghui could not sit on the defense bench, he could apply to sit in on the hearing.Gu Changfu's wife and Lu Zhengfeng were also in the gallery.
Sitting side by side with the two female prosecutors is the attorney representing the criminal incidental civil lawsuit. In this case, the family of the victim entrusted the lawyer to claim 50 yuan in compensation from the defendant.
Fang Yi sat on the defense seat while listening to the prosecutor read out the indictment, while looking at the copy of the indictment.
"... This court believes that the defendant Gu Changfu had a grudge with the victim Li Tao in the bathroom of the barbecue restaurant, and the latter two fought each other in the barbecue restaurant, which eventually caused the victim to be stabbed to death by the broken wine bottle he held.
The defendant's behavior violated Article 230 of the "Criminal Law of the People's Republic of China". The facts of the crime are clear and the evidence is reliable and sufficient. He should be investigated for criminal responsibility for the crime of intentional injury.
In view of the fact that the defendant Gu Changfu pleaded guilty and accepted punishment, and the victim had certain faults, according to the provisions of Article No. 15 of the "Criminal Procedure Law of the People's Republic of China", it can be dealt with leniently.According to the provisions of Article 170 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is filed, please sentence it according to law.
The indictment has been read out. "The female prosecutor read out with a righteous face.
"Defendant Gu Changfu, did you hear clearly the indictment read out by the public prosecutor just now? What crime is charged against you? Do you have any objection to the criminal facts charged in the indictment?" The presiding judge is a man in his 40s with full hair A middle-aged female judge with short ears.
"I hear you clearly, I disagree with the charges, I don't think I constituted a crime, my actions were self-defense.
When there was an argument in the bathroom, I didn't urinate on Li Tao's shoes at all. It was he who found fault and wanted to hit me, but was persuaded to leave.After I went to the lobby, Li Tao came to me with two more people, he was the one who made the move first..." Gu Changfu argued.
When Fang Yi met him before, he analyzed the case.Back then, Gu Changfu obtained the qualification to study abroad by studying hard on his own, and got a Ph.D., so his brain was definitely enough.He knew that if he admitted it, his life would probably be ruined and he would become a victim of competition between companies.
So when Fang Yi left the detention center, he immediately made a decision.
After listening to Gu Changfu's defense, the two female prosecutors sitting on the public prosecutor's bench immediately stared and their faces were frosted.Gu Changfu had pleaded guilty and accepted punishment in the detention center before, but he was overturned immediately when he went to court. This is so frankly dishonest.
"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The presiding judge glanced at the public prosecutor and said.
"Defendant Gu Changfu, did you notice anyone next to you when you were in the bathroom?" the female prosecutor asked coldly.
"I noticed, but I was a certain distance from the other party, and I didn't turn around, so it was impossible to spill urine on his shoes." Gu Changfu explained.
"If it wasn't sprayed, why didn't the victim beat others, but you?" asked the female prosecutor.
"I want to say that the victim is looking for trouble for nothing, do you believe it? I didn't do anything, how could I know why he wanted to trouble me?" Gu Changfu was very upset.
"How did you fight in the hall?" The female prosecutor was even more upset than him, and her tone was even colder.
"It was because of the incident in the bathroom, he brought two people over to find fault, and asked me for 1 yuan in compensation." Gu Changfu said.
"What did you think at the time?" the female prosecutor asked.
"At the time, I thought it would be better to do less than to do more, but the victim wanted 1 yuan in compensation, which was nothing short of a robbery. They were extorting people. My classmates wanted to call the police, and they rushed to grab the mobile phone, and the two sides started fighting." Gu Changfu said truthfully.
"Defendant, who did it first, you or the victim?" asked the female prosecutor.
"He made the move first." Gu Changfu said.
"How did he do it? What actions did you do?" asked the female prosecutor.
(End of this chapter)
When Zhou Ying ran into Fang Yi's office with a document just now, Wu Qinghui also followed.
"What are you doing with a teapot?" Zhou Ying asked when she turned her head and saw Wu Qinghui following behind with a glass teapot.
"Ah...it's okay, I'll check to see if there is water in Lawyer Fang's teacup." Wu Qinghui was taken aback, and then came to Fang Yi's desk.
"Xiao Zhou, what's the good news?" Fang Yi asked.
"Do you still remember the robbery case of Yang Rongwei that I told you about last time?" Zhou Ying said excitedly.
"Yang Rongwei?" Fang Yi looked at Zhou Ying suspiciously.
"It's the legal aid case of burglary, where the victim was severely injured. The first instance court sentenced the defendant to death with a reprieve, and the second instance changed the sentence to death and executed it immediately. The Supreme Court reviewed the death penalty." Zhou Ying said.
"Remember, the Supreme Court's death penalty review result for that case came down?" Fang Yi asked.
"It came down, the Supreme Court changed the sentence, this is the judgment of the Supreme Court.
After review, the Supreme Court held that the defendant, Yang Rongwei, used violent means to enter the house and rob other people's property. His behavior constituted the crime of robbery, and the criminal methods were cruel, the circumstances were bad, and the serious consequences of causing serious injuries to the victim should be punished according to law.
The facts identified in the judgments of the first instance and the second instance were clear, the evidence was reliable and sufficient, the conviction was accurate, and the trial procedures were legal.However, in view of the fact that the defendant Yang Rongwei is a first-time offender, the consequences of the crime are not particularly serious, and he has a good attitude of pleading guilty after being brought to justice, so the death penalty may not be executed immediately.
The sentencing of the first-instance judgment was appropriate, but the second-instance judgment was inappropriate and should be corrected.The verdict is as follows:
[-]. Revocation of the sentencing part of the defendant Yang Rongwei in the criminal judgment of the Provincial Higher People's Court;
[-]. Defendant Yang Rongwei committed the crime of robbery and was sentenced to death with a two-year reprieve and deprived of political rights for life; all personal property was also confiscated. After Zhou Ying finished reading the Supreme Court's verdict with a straight voice, she handed the verdict to Fang Yi.
"Wo Cao, the victim was severely injured during the robbery and was sentenced to death with a reprieve. Why are you so happy? Shouldn't you be severely punished?" Wu Qinghui said with a sense of justice.
"As a commoner, there is nothing wrong with you saying that, but as a legal person, it's not appropriate for you to say that. Any crime must have a degree of harm. If it is not a heinous crime, it cannot be sentenced to death. Do you understand? " Zhou Ying said old-fashionedly.
"Understood, I'll write it down in my notebook when I get back." Wu Qinghui said in a doggy manner.
"Lawyer Fang, I'm going back first." After Zhou Ying finished speaking, she turned around and went out with bold steps.
"Hey! Don't look, no one is there." Fang Yi smiled and reminded Wu Qinghui, who was standing by the side stretching his neck and looking out the door, as if his soul had been taken away by Zhou Ying.
Embarrassed, Wu Qinghui smiled and said, "I mainly want to give you some tea."
"Forget it, yours is black tea, mine is green tea..." Fang Yi smiled.
Gu Changfu's case finally came to court. Although Wu Qinghui could not sit on the defense bench, he could apply to sit in on the hearing.Gu Changfu's wife and Lu Zhengfeng were also in the gallery.
Sitting side by side with the two female prosecutors is the attorney representing the criminal incidental civil lawsuit. In this case, the family of the victim entrusted the lawyer to claim 50 yuan in compensation from the defendant.
Fang Yi sat on the defense seat while listening to the prosecutor read out the indictment, while looking at the copy of the indictment.
"... This court believes that the defendant Gu Changfu had a grudge with the victim Li Tao in the bathroom of the barbecue restaurant, and the latter two fought each other in the barbecue restaurant, which eventually caused the victim to be stabbed to death by the broken wine bottle he held.
The defendant's behavior violated Article 230 of the "Criminal Law of the People's Republic of China". The facts of the crime are clear and the evidence is reliable and sufficient. He should be investigated for criminal responsibility for the crime of intentional injury.
In view of the fact that the defendant Gu Changfu pleaded guilty and accepted punishment, and the victim had certain faults, according to the provisions of Article No. 15 of the "Criminal Procedure Law of the People's Republic of China", it can be dealt with leniently.According to the provisions of Article 170 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is filed, please sentence it according to law.
The indictment has been read out. "The female prosecutor read out with a righteous face.
"Defendant Gu Changfu, did you hear clearly the indictment read out by the public prosecutor just now? What crime is charged against you? Do you have any objection to the criminal facts charged in the indictment?" The presiding judge is a man in his 40s with full hair A middle-aged female judge with short ears.
"I hear you clearly, I disagree with the charges, I don't think I constituted a crime, my actions were self-defense.
When there was an argument in the bathroom, I didn't urinate on Li Tao's shoes at all. It was he who found fault and wanted to hit me, but was persuaded to leave.After I went to the lobby, Li Tao came to me with two more people, he was the one who made the move first..." Gu Changfu argued.
When Fang Yi met him before, he analyzed the case.Back then, Gu Changfu obtained the qualification to study abroad by studying hard on his own, and got a Ph.D., so his brain was definitely enough.He knew that if he admitted it, his life would probably be ruined and he would become a victim of competition between companies.
So when Fang Yi left the detention center, he immediately made a decision.
After listening to Gu Changfu's defense, the two female prosecutors sitting on the public prosecutor's bench immediately stared and their faces were frosted.Gu Changfu had pleaded guilty and accepted punishment in the detention center before, but he was overturned immediately when he went to court. This is so frankly dishonest.
"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The presiding judge glanced at the public prosecutor and said.
"Defendant Gu Changfu, did you notice anyone next to you when you were in the bathroom?" the female prosecutor asked coldly.
"I noticed, but I was a certain distance from the other party, and I didn't turn around, so it was impossible to spill urine on his shoes." Gu Changfu explained.
"If it wasn't sprayed, why didn't the victim beat others, but you?" asked the female prosecutor.
"I want to say that the victim is looking for trouble for nothing, do you believe it? I didn't do anything, how could I know why he wanted to trouble me?" Gu Changfu was very upset.
"How did you fight in the hall?" The female prosecutor was even more upset than him, and her tone was even colder.
"It was because of the incident in the bathroom, he brought two people over to find fault, and asked me for 1 yuan in compensation." Gu Changfu said.
"What did you think at the time?" the female prosecutor asked.
"At the time, I thought it would be better to do less than to do more, but the victim wanted 1 yuan in compensation, which was nothing short of a robbery. They were extorting people. My classmates wanted to call the police, and they rushed to grab the mobile phone, and the two sides started fighting." Gu Changfu said truthfully.
"Defendant, who did it first, you or the victim?" asked the female prosecutor.
"He made the move first." Gu Changfu said.
"How did he do it? What actions did you do?" asked the female prosecutor.
(End of this chapter)
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