Lawyer: Start with legal retaliation against infidelity!
Chapter 49: The Final Verdict!!!
How do judges rule on cases? And what are their rulings based on?
To be honest, nearly 90% of people believe that judges make judgments based solely on laws made according to morality or on public opinion.
Yes, but not entirely.
Here are some examples.
In later generations, one often sees extremely controversial cases on the internet, the most common being those concerning "bride price, division of marital property, and handling of infidelity."
These cases are generally distressing and infuriating to most people, and they may even lead them to criticize the courts and judges.
But then a problem arises.
Some problematic judges are alright, but some judges have absolutely no vested interests with either side, and their values are even incompatible with the other side's!
If that's the case, why would the other party risk being criticized by public opinion and deliver a verdict that seems somewhat "anti-social"?
This is because politics, public opinion, morality, and the law—these four factors influence the decision-making process...
conflict!
"This is tricky, really tricky."
On the judge's bench.
Zhang Bingxin stared at the trial area, feeling as if a cat was scratching an itch inside his chest, making him extremely anxious.
The current case is almost like a cactus; no matter which angle you approach it from, you'll end up with a hole in your hand.
After a long pause, he took a deep breath and turned to look at the prosecution.
We still need to complete the final procedures first.
"Prosecutor, given the statements made by the aforementioned witnesses, the victim's legal representative, and the defendant, do you... have any further objections to state?"
Inside the prosecution.
What else could the prosecutor have to say?
Obviously not.
"Your Honor, our side..."
Wang Wei glanced at Hu Guang beside him, his lips moving for a moment.
With the case having progressed to this point, the two of them had completely lost their temper.
The other person didn't seem like a human at all; he was more like an AI robot from a foreign film. No matter the angle, the two of them were completely under his control.
How could you possibly out-argue a robot with a computer brain?!
"We have no objection."
After Wang Wei finished speaking, he fell silent, his body affected by the exhaustion emanating from deep within his bones.
No objections...
To gain an attitude.
The audience erupted in uproar.
Simply put, these three words carry immense significance in court proceedings; they represent...
"No objections? That means you've given up? You've been convinced by the arguments!?"
"That's Hu Guang from the Second Procuratorial Department of the Municipal Procuratorate! Doesn't he say anything to put up a fight?!"
"No, what's the point of struggling? Let alone Hu Guang himself, even just imagining myself in his shoes, I'm already struggling to breathe. How could I possibly have the strength to struggle..."
"Before you talk about struggling, take a look at all that stuff the defendant gave us!?"
"..."
In the audience area, the once quiet tiered seating was now filled with whispers and incredulous expressions.
No objections... The prosecution concedes!
The other party didn't even try to negotiate after the defendant presented a bunch of arguments; they simply admitted defeat!
"Oh My God."
Reporter Zhang Xia looked astonished, covering her mouth as she looked at her shocked senior colleague, Sister Liu, beside her.
Even laymen are like this.
The presence of Lin Yue, a legal scholar, and Wang Chao, a top student from a prestigious 985 university, was particularly awe-inspiring.
"This...we won!?"
Wang Chao held his head in his hands, staring wide-eyed at the trial area.
One second they were still debating whether to break even in the tense tug-of-war between the two sides, and the next second... Xu De suddenly unleashed an unstoppable combo.
The tide immediately turned, rendering all of the prosecution's accusations pale and powerless!
Lin Yue wasn't much better off; her emotions were churning, and her gaze was fixed on Xu De's retreating figure.
Her breathing became slightly anxious as she thought about the "partnership law firm" she had mentioned yesterday.
This three-person team seems to have produced a monster with abilities that are practically beyond belief!
......
Trial area.
Zhang Bingxin was no longer able to manage the unrest in the audience area.
He took a deep breath and looked at the plaintiff.
"Plaintiff...Do you have any further objections to this case?"
Li Youcai and Liu Cui immediately shook their heads. They were even eager to get the verdict announced so they could go find their grandson.
As for Chen Wei...
Chen Wei was exhausted. He slumped into a chair, his breathing even appearing weak.
A bitter expression appeared on his face as he listened to the judge's questions.
objection?
What objections could he possibly have? Even if he did have some, let's not even discuss the possibility that he had none...
Compared to the pile of "materials" that the other party pulled out, it all seemed rather insignificant.
What's the use of those materials? They can reduce a sentence!
How much weight loss would it take to make someone feel so weak?
To put it another way, under normal circumstances...
自首(减40%以下)、防卫过当(减60%—80%)、谅解书(减40%)、和解协议(减50%以下)、特殊情节(减50%—免罚)、正当防卫(无罪)......
Looking at these numbers, Chen Wei felt a sense of despair.
Putting everything else aside, just looking at the 'numerical values' brought about by these crimes, even the most robust death penalty, when combined with this set of punishments, will leave you with two lives to lose!
so.....
"Our side..."
"No objection, we will abide by the court's arrangements."
After saying this, Chen Wei exhausted his last bit of strength and stared blankly at the ceiling.
Now.
The ball was once again passed to the judge's table.
All the anxious gazes were focused on the three people sitting on the high platform.
On the judge's bench.
"The prosecution and the plaintiff have conceded defeat..."
Judge Sun Dong spoke in a low voice with an unusually serious expression.
Upon hearing this, Liu Jianguo frowned, his mind racing with thoughts.
If the plaintiff concedes, then the defendant should win, but the defendant's defense is that he is not guilty...
Not guilty! This is a clear case of the defendant being found not guilty of murder!
With a population of over one billion and countless courts across the country, there are no more than five courts that would dare to issue such a verdict throughout the year!
Why?
Because of the need for the rule of law, if the law advocates retaliation resulting in death, others will follow suit, and what society needs is stability.
In other words, the law seeks stability, while morality seeks justice!
If you start to promote self-defense based on "evidence," countless murders and brawls will follow, causing social chaos!
Therefore, "self-defense" has become an extremely difficult "dormant clause" to activate.
"If all else fails... what if it's excessive self-defense?"
Liu Jianguo felt as if he were on a hot plate. He frowned and whispered to each other.
"The dormant clause was not invoked, and the defendant was convicted of 'excessive self-defense,' but because the defense attorney submitted 'evidence,' the court decided not to impose a sentence."
"The defendant, Wang Qiang, is guilty but exempt from punishment and released on the spot, which is no different from being innocent!"
To be exempt from punishment?
This is indeed the primary choice for most judges in this situation, one that is acceptable to both parties and ensures the deterrent effect of the law.
but......
"Phew~"
Zhang Bingxin remained silent for a moment, then raised his serious face and met the gaze of Liu Jianguo and Sun Dong.
This case...
That little-known lawyer left the hospital with no grounds for argument, not even for excessive self-defense, the lightest possible sentence, or exemption from punishment!
Unless they lose all sense of shame and forcibly convict them.
The two paused slightly, understanding each other's meaning, and hesitated to speak.
In the end... Liu Jianguo fell silent and didn't say anything more to stop him.
The three reached a consensus, and their eyes gradually hardened.
Zhang Bingxin took a deep breath, his judge's robe billowing out, making him appear exceptionally imposing. He raised the gavel in front of him and held it high.
"Bang!!!"
A crisp sound rang out in the silent First Courtroom, echoing against the walls and reaching everyone's ears.
Look up.
On the judge's bench, the three judges stood up in unison.
"The verdict is now announced."
Zhang Bingxin, with a solemn expression, looked at the document in his hand like a majestic statue. He began to speak:
"After a lawful trial, including the presentation and cross-examination of evidence by both the prosecution and the defense, as well as their court arguments and final statements, the trial has now concluded."
"The investigation revealed..."
"The victim, Li Erniu, initiated the unlawful attack, which was realistic, urgent, and continuous; the defendant, Wang Qiang, was always in a position of being attacked, and had no intention of actively provoking, retaliating, or fighting..."
"The defendant Wang Qiang's retaliatory actions, taken to protect his own and others' legitimate rights and interests, did not exceed the necessary limits in terms of means and intensity..."
"The prosecution's charge that the defendant committed 'excessive self-defense and intentional injury resulting in death' is based on unclear facts, insufficient evidence, and misapplication of the law; therefore, this court does not support it..."
"The judgment is as follows."
"According to Article 20, Paragraph 1 of the Criminal Law of the People's Republic of Korea..."
"According to Article 162, Paragraph 2 of the Criminal Procedure Law of the People's Republic of Korea..."
"The defendant, Wang Qiang..."
At this point, presiding judge Zhang Bingxin paused.
This moment.
Everyone suppressed their wildly beating hearts, stared wide-eyed at the judge's bench, and even held their breath, afraid that the slightest sound would affect the court's verdict.
Judge Zhang Bingxin looked up and uttered two words in a loud and penetrating voice.
"Innocent!!!"
Suddenly, everyone in the entire First Courtroom was jolted!
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