Lawyer
Chapter 640
Chapter 640
At the beginning of this year, She Qingyun returned to the village, and after helping the family pay off the last of the famine, she filed for divorce from Song Dachun.
The family was already poor, and it was not easy for Song Dachun to marry a daughter-in-law. He thought that the famine would be over, and life at home would not be as embarrassing as before, but his daughter-in-law filed for divorce, and he could not accept her divorce request.In order to tie She Qingyun and prevent her from going out to work again, he thought it over and came up with crooked ideas.
One week before the new year, Song Dachun found Yan Shaoxing, a cousin from the next village, and instigated him to find someone to chop off the index finger and ring finger of She Qingyun's right hand, or cut off She Qingyun's ear, and told him that She Qingyun had brought a lot of money when she came back this time. After it was done, all the belongings that She Qingyun brought back would be allocated to him, which was regarded as the reward for doing the work.At the same time, in order to prevent She Qingyun from doubting herself, Song Dachun asked his cousin to turn the crime scene into a robbery.
Yan Shaoxing didn't have a proper job, and he also made a living by farming. He usually likes to play two games, so that day he found his gambler Zhou Deming, and explained Song Dachun's request.The two knew that She Qingyun had earned a lot of money working outside in the past few years. Seeing that the Chinese New Year was coming, Zhou Deming and Zhou Deming made a joint ticket so that they could have a good time during the Chinese New Year, so they agreed to Song Dachun's request.
The two of Yan Shaoxing thought it was too bloody to chop off their fingers, mainly because they didn't have the guts to cut off their ears, but they couldn't make up their minds about who would do it. .
On the night of the 28th of the twelfth lunar month, Yan Shaoxing brought a newly bought butcher knife and Zhou Deming went to lurk near Song Dachun's house. That night, Song Dachun deliberately quarreled with his daughter-in-law She Qingyun for Yan Shaoxing's convenience, and took his son to his parents' house.
At two o'clock in the morning, Yan Shaoxing and his two wore masks and held a knife, climbed over the courtyard wall of Song Dachun's house, and secretly pushed open the wooden door of the room to insert sticks, and entered the bedroom where She Qingyun slept.
She Qingyun, who was sleeping on the kang, heard the sound, raised her head, and saw a figure swaying, Zhou Deming had already got on the kang, with the knife in her hand on She Qingyun's neck, Yan Shaoxing came over and asked She Qingyun for money.Although Song Dachun and Yan Shaoxing are cousins, She Qingyun only met Yan Shaoxing once when they were married. Later, She Qingyun went out to work for many years, and the two did not know each other even if they met on the walk.So She Qingyun didn't remember Yan Shaoxing at all.
Two people suddenly broke into the house in the middle of the night, She Qingyun was terrified, and immediately told Yan Shaoxing to put the money in a wooden box in the corner.Yan Shaoxing walked quickly to the wooden box. After rummaging for a while, he found more than 2000 yuan, and put a mobile phone and charger on the table into his pocket.
Seeing Yan Shaoxing's success, Zhou Deming was happy, and suddenly found that She Qingyun was wearing a gold necklace in the bed, so he snatched it over, and snatched a gold ring from her hand (after verification by the public security organ, the gold necklace The ring and gold necklace are worth more than three thousand yuan).
Afterwards, Yan Shaoxing saw that She Qingyun had no other belongings, so he made eye contact with Zhou Deming. In the end, Yan Shaoxing was nervous and came to the kang with a butcher's knife. Zhou Deming pressed She Qingyun's head with his hands. The latter had a premonition and struggled Shouting, Yan Shaoxing only cut off half of her right ear with a trembling hand (according to forensic identification, it constitutes a serious injury).
Yan Shaoxing and his two fled the scene in a hurry, fearing that people from the neighbors would block them in the house.When the village director learned that the Song family had been robbed, he immediately called the police.
Afterwards, Zhou Deming and Yan Shaoxing were found to call the police when they were selling the stolen goods, and then they were arrested, and Yan Shaoxing bit Song Dachun out.
At one o'clock in the afternoon, Zhou Ying came to Fang Yi's office again, and Wu Qinghui followed in like a follower, holding a book and a pen, sitting on the sofa like a primary school student waiting for class, very well-behaved, but his eyes were He secretly glanced at Zhou Ying.
"Xiao Zhou, please write the relationship diagram of the characters and the timeline of the case on the whiteboard." Fang Yi smiled.
"Okay!" Zhou Jing picked up a pen and drew a horizontal axis on the time axis of the case and the order of the defendant's behavior based on the case file materials, marking them all.
"What do you think of this case, let's talk about your opinion first." Fang Yi said holding a teacup.
"Okay." Zhou Ying agreed, opened the laptop and said, "There are three defendants in this case, Zhou Deming, Yan Shaoxing and Song Dachun.
In my opinion, Zhou Deming and Yan Shaoxing constituted the crime of robbery, and they robbed the house, causing serious injuries to the victim during the robbery, and the prison term should be at least ten years.
How should the behavior of the defendant Song Dachun be characterized? I have discussed it with the lawyers in the group. At present, there are two opinions:
The first opinion, although the defendant Song Dachun clearly ordered the defendant Yan Shaoxing to take away the valuables brought back by She Qingyun, but subjectively he only wanted to give Yan Shaoxing and his wife the property brought back by his wife as a reward for the two. Lured Yan Shaoxing and his wife to intentionally hurt his wife, in order to achieve his goal of preventing his wife from going out to work.
The robbery was nothing more than a false appearance that Song Dachun asked Yan Shaoxing and the two to create to prevent She Qingyun from being suspicious. Subjectively, Song Dachun had no intention of instigating Yan Shaoxing and the two to rob.Therefore, Song Dachun's behavior should only constitute the crime of intentional injury, not the crime of robbery.
The second opinion is that the defendant Song Dachun not only abetted the defendant Yan Shaoxing to commit intentional injury, but also abetted Yan Shaoxing to commit robbery. Therefore, Song Dachun not only constituted the crime of intentional injury (abetting) but also the crime of robbery (abetting).
What do you think? After Zhou Ying finished speaking, she looked at Fang Yi and asked for his opinion.
"Xiao Wu, what do you think?" Fang Yi suddenly looked at Wu Qinghui who was sitting on the side, and the latter was secretly looking at Zhou Ying's back, flirting in his heart. When Fang Yi asked such a question, he looked confused and didn't care at all. I know what Fang Yi is asking.
"Ah! I will do it, you will." Wu Qinghui replied without thinking.
Zhou Ying glanced at him helplessly.Fang Yi smiled, ignoring his existence directly.
"So, the key point of the dispute now is: Can the defendant Song Dachun's behavior constitute the crime of robbery? Is that right?" Fang Yi asked Zhou Ying.
"Yes, there is also the question of whether Zhou Deming and Yan Shaoxing are only charged with the crime of robbery, or whether they constitute the crime of robbery and intentional injury, and they are punished for several crimes. In fact, Song Dachun's problem is solved, and the charges for the two of them are basically settled. "Zhou Ying replied.
"Well, first of all, Song Dachun is abetting a crime in this case, do you have any objection to that?" Fang Yi looked at Zhou Ying.
"Well, Song Dachun instigated his cousin to commit a crime, so he is an instigator." Zhou Ying nodded.
The two supplementary updates are all uploaded. It is not easy to write a book. Please support me a lot!Thank you!
(End of this chapter)
At the beginning of this year, She Qingyun returned to the village, and after helping the family pay off the last of the famine, she filed for divorce from Song Dachun.
The family was already poor, and it was not easy for Song Dachun to marry a daughter-in-law. He thought that the famine would be over, and life at home would not be as embarrassing as before, but his daughter-in-law filed for divorce, and he could not accept her divorce request.In order to tie She Qingyun and prevent her from going out to work again, he thought it over and came up with crooked ideas.
One week before the new year, Song Dachun found Yan Shaoxing, a cousin from the next village, and instigated him to find someone to chop off the index finger and ring finger of She Qingyun's right hand, or cut off She Qingyun's ear, and told him that She Qingyun had brought a lot of money when she came back this time. After it was done, all the belongings that She Qingyun brought back would be allocated to him, which was regarded as the reward for doing the work.At the same time, in order to prevent She Qingyun from doubting herself, Song Dachun asked his cousin to turn the crime scene into a robbery.
Yan Shaoxing didn't have a proper job, and he also made a living by farming. He usually likes to play two games, so that day he found his gambler Zhou Deming, and explained Song Dachun's request.The two knew that She Qingyun had earned a lot of money working outside in the past few years. Seeing that the Chinese New Year was coming, Zhou Deming and Zhou Deming made a joint ticket so that they could have a good time during the Chinese New Year, so they agreed to Song Dachun's request.
The two of Yan Shaoxing thought it was too bloody to chop off their fingers, mainly because they didn't have the guts to cut off their ears, but they couldn't make up their minds about who would do it. .
On the night of the 28th of the twelfth lunar month, Yan Shaoxing brought a newly bought butcher knife and Zhou Deming went to lurk near Song Dachun's house. That night, Song Dachun deliberately quarreled with his daughter-in-law She Qingyun for Yan Shaoxing's convenience, and took his son to his parents' house.
At two o'clock in the morning, Yan Shaoxing and his two wore masks and held a knife, climbed over the courtyard wall of Song Dachun's house, and secretly pushed open the wooden door of the room to insert sticks, and entered the bedroom where She Qingyun slept.
She Qingyun, who was sleeping on the kang, heard the sound, raised her head, and saw a figure swaying, Zhou Deming had already got on the kang, with the knife in her hand on She Qingyun's neck, Yan Shaoxing came over and asked She Qingyun for money.Although Song Dachun and Yan Shaoxing are cousins, She Qingyun only met Yan Shaoxing once when they were married. Later, She Qingyun went out to work for many years, and the two did not know each other even if they met on the walk.So She Qingyun didn't remember Yan Shaoxing at all.
Two people suddenly broke into the house in the middle of the night, She Qingyun was terrified, and immediately told Yan Shaoxing to put the money in a wooden box in the corner.Yan Shaoxing walked quickly to the wooden box. After rummaging for a while, he found more than 2000 yuan, and put a mobile phone and charger on the table into his pocket.
Seeing Yan Shaoxing's success, Zhou Deming was happy, and suddenly found that She Qingyun was wearing a gold necklace in the bed, so he snatched it over, and snatched a gold ring from her hand (after verification by the public security organ, the gold necklace The ring and gold necklace are worth more than three thousand yuan).
Afterwards, Yan Shaoxing saw that She Qingyun had no other belongings, so he made eye contact with Zhou Deming. In the end, Yan Shaoxing was nervous and came to the kang with a butcher's knife. Zhou Deming pressed She Qingyun's head with his hands. The latter had a premonition and struggled Shouting, Yan Shaoxing only cut off half of her right ear with a trembling hand (according to forensic identification, it constitutes a serious injury).
Yan Shaoxing and his two fled the scene in a hurry, fearing that people from the neighbors would block them in the house.When the village director learned that the Song family had been robbed, he immediately called the police.
Afterwards, Zhou Deming and Yan Shaoxing were found to call the police when they were selling the stolen goods, and then they were arrested, and Yan Shaoxing bit Song Dachun out.
At one o'clock in the afternoon, Zhou Ying came to Fang Yi's office again, and Wu Qinghui followed in like a follower, holding a book and a pen, sitting on the sofa like a primary school student waiting for class, very well-behaved, but his eyes were He secretly glanced at Zhou Ying.
"Xiao Zhou, please write the relationship diagram of the characters and the timeline of the case on the whiteboard." Fang Yi smiled.
"Okay!" Zhou Jing picked up a pen and drew a horizontal axis on the time axis of the case and the order of the defendant's behavior based on the case file materials, marking them all.
"What do you think of this case, let's talk about your opinion first." Fang Yi said holding a teacup.
"Okay." Zhou Ying agreed, opened the laptop and said, "There are three defendants in this case, Zhou Deming, Yan Shaoxing and Song Dachun.
In my opinion, Zhou Deming and Yan Shaoxing constituted the crime of robbery, and they robbed the house, causing serious injuries to the victim during the robbery, and the prison term should be at least ten years.
How should the behavior of the defendant Song Dachun be characterized? I have discussed it with the lawyers in the group. At present, there are two opinions:
The first opinion, although the defendant Song Dachun clearly ordered the defendant Yan Shaoxing to take away the valuables brought back by She Qingyun, but subjectively he only wanted to give Yan Shaoxing and his wife the property brought back by his wife as a reward for the two. Lured Yan Shaoxing and his wife to intentionally hurt his wife, in order to achieve his goal of preventing his wife from going out to work.
The robbery was nothing more than a false appearance that Song Dachun asked Yan Shaoxing and the two to create to prevent She Qingyun from being suspicious. Subjectively, Song Dachun had no intention of instigating Yan Shaoxing and the two to rob.Therefore, Song Dachun's behavior should only constitute the crime of intentional injury, not the crime of robbery.
The second opinion is that the defendant Song Dachun not only abetted the defendant Yan Shaoxing to commit intentional injury, but also abetted Yan Shaoxing to commit robbery. Therefore, Song Dachun not only constituted the crime of intentional injury (abetting) but also the crime of robbery (abetting).
What do you think? After Zhou Ying finished speaking, she looked at Fang Yi and asked for his opinion.
"Xiao Wu, what do you think?" Fang Yi suddenly looked at Wu Qinghui who was sitting on the side, and the latter was secretly looking at Zhou Ying's back, flirting in his heart. When Fang Yi asked such a question, he looked confused and didn't care at all. I know what Fang Yi is asking.
"Ah! I will do it, you will." Wu Qinghui replied without thinking.
Zhou Ying glanced at him helplessly.Fang Yi smiled, ignoring his existence directly.
"So, the key point of the dispute now is: Can the defendant Song Dachun's behavior constitute the crime of robbery? Is that right?" Fang Yi asked Zhou Ying.
"Yes, there is also the question of whether Zhou Deming and Yan Shaoxing are only charged with the crime of robbery, or whether they constitute the crime of robbery and intentional injury, and they are punished for several crimes. In fact, Song Dachun's problem is solved, and the charges for the two of them are basically settled. "Zhou Ying replied.
"Well, first of all, Song Dachun is abetting a crime in this case, do you have any objection to that?" Fang Yi looked at Zhou Ying.
"Well, Song Dachun instigated his cousin to commit a crime, so he is an instigator." Zhou Ying nodded.
The two supplementary updates are all uploaded. It is not easy to write a book. Please support me a lot!Thank you!
(End of this chapter)
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