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Chapter 68 The verdict was released, 7 people were sentenced

Chapter 68 The verdict was released, seven people were sentenced

The next day.

It's still the same time, same place.

At ten o'clock in the morning, the Criminal Division of the People's Court of Binjiang District publicly heard the defamation case of Du Xiangxiang, Li Guiqin and others according to law.

Before the trial, Jiang Bai used the second "moderate depression experience card", and then walked into the trial court with Luo Dazhuang with a disheartened face.

"Boom!"

The familiar sound of the gavel sounded.

The court is officially open!
Read the court discipline, confirm the identities of all parties, and read the indictment...

After a set of fixed procedures, more than ten minutes passed, followed by court debate and cross-examination of evidence.

There are seven defendants this time, namely Du Xiangxiang's mother and daughter and five Douyin bloggers.

The trial will be divided into three rounds.

The first round of trial is the No. [-] defendant, Du Xiangxiang.

Luo Dazhuang said in a loud voice: "Defendant No. [-] (Du Xiangxiang) was sentenced to two probation and three probation for defamation in the previous trial, but he did not know how to repent and continued to slander my client on the Internet during the probation period. Avoid the important and take the light, reverse right and wrong..."

"If you commit a new crime during the probation period, the probation will be revoked, and you will be punished for several crimes!"

"I request, Your Excellency, to give defendant No. [-] a heavier sentence!"

Du Xiangxiang stood on the dock, pale and flustered.

He looked at Chen Mengzhe as if asking for help.

The latter began to defend: "I object!"

"The allegations made by the prosecution lawyer against my client are completely false!"

"There are three constituent elements of the crime of defamation:"

"[-]. The object of the crime of defamation is the personal dignity and reputation of others;"

"[-]. In terms of the objective aspect of the crime, it is manifested in the perpetrator's fabrication and dissemination of certain fictitious facts, which are enough to derogate the personality and reputation of others, and the circumstances are serious;"

"Third, the subject is a general subject, and subjectively it must be intentional."

"Our party did record and upload the video, but in the video, she did not name her name. From the beginning to the end of the video, the plaintiff's name never appears!"

"The relevant expressions are macro general remarks without any specific direction, so the plaintiff is not eligible!"

"That is to say, there is no specific individual who has been violated in this video, and naturally it does not constitute a crime of defamation!"

After finishing speaking, Chen Mengzhe looked at Luo Dazhuang.

This is his most powerful weapon!

Whether it's Du Xiangxiang or Li Guiqin, they never mentioned the word "Jiang Bai" in the video, and they used words like "TA" or "that person" and "that guy" to refer to them throughout the video.

I didn't mention my name, so why do you say that I slandered you?

As long as Chen Mengzhe can gain an advantage in this round of defense, the subsequent rounds of defense will be much easier.

It is even possible for several defendants to be acquitted and released in court!

If that's the case... Chen Mengzhe's name will definitely resound throughout the entire Dragon City judicial community!
However, the dream is very full, but the reality is very skinny.

As soon as Chen Mengzhe finished speaking, he was hit back fiercely by Luo Dazhuang.

"It is true that the defendant did not directly name our party, but there is a kind of behavior of infringing on the right of reputation called 'innuendo-type infringing speech!"

"The object referred to by the defendant in the video is distinctive and corresponding, that is, the other party mentioned in the defendant's video has identifiable distinctiveness and all consistent correspondence with the personal characteristics of our party. sex."

"In addition, through the narration in the defendant's video, it is completely possible to lock the only subject, so that the general public will understand it as our plaintiff."

"According to the relevant provisions of the "Principle Judgment on the Subject Direction of Allusive Infringing Speech", it is sufficient to determine that this is a typical insinuating offensive speech, so the object of the infringing is our client, and the defendant is guilty of defamation!"

Regarding insinuating offensive remarks, Luo Dazhang spoke very professionally.

Generally speaking, including but not limited to the following situations, they can all be classified as so-called "mapped offensive speeches": insinuations, accusations, beating around the bush...

This legal provision is most applicable in the entertainment industry.

When the media reports gossip, in order to avoid disputes over reputation rights and privacy rights, they usually refer to celebrities with the surname X or artists with XX nationality. It seems that there is no infringement, but in fact this is an insinuation-type infringement speech ...

Hearing Luo Dazhuang's words, Chen Mengzhe gasped.

A move full of confidence was easily crushed!
Chen Mengzhe knew very well that although this duel had just begun, it was already over.

But he still bite the bullet and continue to debate.

"The plaintiff claimed that he was moderately depressed because of our client's slander, and I question this."

"Here is a surveillance video of what happened at the Blue Water Cafe yesterday."

"The plaintiff's performance of epilepsy in public has definitely reached the level of falsehood, and his acting skills are obvious to all."

"Therefore, I have reason to suspect that the plaintiff's so-called depression is that he misled the doctor through performances, and thus obtained a false diagnosis!"

Judge Chen Zhonghan looked at the plaintiff's seat and said, "The plaintiff, please respond to the defendant's lawyer's question."

Luo Dazhuang had been prepared for a long time, and held up a piece of evidence in a calm manner, saying: "This is the diagnosis report issued by Dr. Han, the chief physician of the Department of Neurology, XX Hospital, a tertiary hospital. This is the most powerful evidence!"

"As for what the defense lawyer said, it is ridiculous that experts can misdiagnose through performances!"

"If a person does not have depression, no matter how well he performs, a professional and experienced doctor can still gain insight from some non-verbal information."

"Please don't question the professionalism of a chief physician."

Some people may think that depression can be faked. After all, it is different from common organic diseases and cannot be detected by scientific instruments such as B-ultrasound, color Doppler, MRI, and CT.

But it is definitely not easy to pretend to be depressed. This kind of mental illness is not just a simple depression, depression, etc. In terms of language, you can pretend, and you can also perform demeanor and actions, but there are some inner things that cannot be acted out anyway. from.

Therefore, Chen Mengzhe's doubts about depression are untenable in themselves.

Half an hour later, as the gavel fell, the trial of the case of defendant No. [-] Du Xiangxiang was completed.

Next is defendant No. [-] Li Guiqin.

Chen Mengzhe: "Our client is not highly educated..."

Luo Dazhang: "Low educational level is not an excuse for committing a crime, nor is it a reason to reduce the sentence!"

Chen Mengzhe: "Our client is entirely out of concern for his daughter, and concern makes chaos..."

Luo Dazhuang: "But this does not change the subjective facts of the second defendant's crime!"

"..."

"Boom!"

The second round of trials is over.

The third round begins.

The five defendants appeared in court together.

"Defendant No. 43 (Mu Yunhai) has a Douyin account 'General Hai' with 200 followers, and the two defamatory videos he posted have been viewed more than [-] million times..."

"Defendant No. 51 (Li Jun), Douyin account 'Buying Love Family Great Elder', with [-] fans..."

"Defendant No. [-] (Chen Bin), Douyin account 'A Bin whose high school grades are not satisfactory'..."

"Defendant No. [-] (Zhao Dazhuang)..."

"Defendant number seven..."

"The behavior of several defendants is a slander and insult to my client! This behavior caused my client to experience moderate depression..."

"And it's for profit..."

"I request Your Excellency to give the defendants a heavier sentence!"

Luo Dazhuang's resounding voice sounded in the trial court.

The five mental boys suddenly turned pale with fright.

Chen Mengzhe sighed secretly, and began to defend him: "Our client does not know the truth, they just want to speak out for 'injustice' out of passion..."

Luo Dazhang smiled, presented a piece of evidence, and said, "I have evidence here, which can prove that the five defendants knew the truth!"

"After they posted the video, many insiders clarified for our party in the video comment area, but the actions of the five defendants were not to correct in time and terminate the infringement, but to delete the insiders' comments and block their accounts. "

"This kind of behavior is enough to show that they know the truth, but ignore it, still carry out slanderous behavior and let the situation develop!"

Ah this...

Chen Mengzhe was caught off guard.

He turned and stared at the defendant.

Such an important situation, none of them told him!
madness!

So stupid!

This made Chen Mengzhe fall into a passive position.

The situation, which was not optimistic at all, became even worse.

There is always some cleverness, and they hide something from the lawyers. As a result, the lawyers are passive in court and the rhythm is chaotic!

Obviously, these spirited guys are the legendary great wisdom.

They concealed this situation, making Chen Mengzhe unprepared for it.

There is no hope of turning the tables...

Four and 10 minutes later, the tormenting courtroom debate ended.

Chen Zhonghan looked at Jiang Bai, "The plaintiff, please make a final statement."

Jiang Bai's expression was a little sluggish, unresponsive, and seemed to be absent-minded.

"Boom!"

"The plaintiff is invited to make his final statement."

Chen Zhonghan repeated it, and Jiang Bai finally realized it, and slowly got up.

He said in a low voice: "The defendant's slander has had a very serious impact on me. I haven't been able to eat well or sleep well in the past few days..."

"I ask your honor to give a heavier sentence to the defendants, thank you."

Jiang Bai bowed deeply to the judge, and then sat down.

He used the moderate depression experience card before the trial, and this series of performances were all the performance of a moderate depression patient.

All this, judges and jurors are watching.

How could this be fake?
Even if it is pretending, it is impossible to pretend to be perfect for nearly two hours, right?
If Jiang Bai really has such acting skills, he can easily win the best actor of all major awards!
Such a handsome boy, just so depressed.

Chen Zhonghan sighed inwardly, looked away, and looked at the dock: "The defendants, please make the final statements in turn."

Du Xiangxiang was the first.

She burst into tears immediately, choking with sobs, and stammered her statement.

Then Li Guiqin, Mu Yunhai...

This time they didn't do anything wrong, they all strictly followed Chen Mengzhe's instructions, pleaded guilty, apologized, and had a sincere attitude.

"Boom!"

The gavel fell.

Chen Zhonghan began to read the verdict: "The Criminal Division of the People's Court of Binjiang District, Longcheng City has completed the trial of the defamation case of Du Xiangxiang, Li Guiqin and others."

"The following judgment is hereby made!"

The voice sounded and everyone stood up.

The faces of the seven defendants were filled with fear and anxiety.

It's a pity that there is no regret medicine in this world, otherwise they would spend all their wealth and buy one to eat.

Chen Mengzhe felt a sense of relief.

He suddenly understood Zhang Wei a little bit now.

Confronting Luo Dazhuang is really a kind of torture.

Originally, there was a gap in strength, and he had to be crazily held back by pig teammates.

It was really pressed to the ground and rubbed the whole time.

But thinking about Zhang Wei, Chen Mengzhe suddenly felt much more balanced.

Zhang Wei's experience was widely spread in the judicial circle of Longcheng.

This unlucky boy...

Every time I can meet god opponents and pig teammates...

Chen Zhonghan continued to read the verdict:
"The defendant, Du Xiangxiang, was convicted of defamation and committed a new crime during the suspended sentence. The suspended sentence was revoked, and he was punished for several crimes. He was sentenced to five years in prison and compensated the victim for mental damage of 20000 yuan."

"Defendant Li Guiqin, found guilty of defamation...sentenced to two years and six months in prison, and compensated 10000 yuan for mental damage to the victim."

"The defendant, Mu Yunhai, was found guilty of defamation, and for the purpose of profit...sentenced to three years in prison, and compensated the victim for mental damage of 10000 yuan."

"Defendant Li Jun..."

Mu Yunhai and other five Douyin bloggers were sentenced to two years and three months at the shortest and three years at the longest, and they all had to pay Jiang Bai mental damage ranging from 5000 to 1 yuan.

The costs of this lawsuit shall be borne by the seven defendants.

In addition, they also need to delete the infringing video, and clarify the truth on the Internet to restore the victim's reputation.

As soon as the verdict came out, there was "sadness everywhere".

……

(End of this chapter)

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