Lawyer
Chapter 330
Chapter 330
After Fang Yi sent Mr. Yang away, he was about to go back to his work station when his cell phone suddenly remembered that it was a call from the birth son in the village.
"Birth, what's the matter?" Fang Yi asked after answering the phone.
"Well, I have something, I...I want to borrow some money!" Shengzi stammered.
"Borrowing money? How much? Has the rented land started?" Fang Yi was startled, then asked.
"Well, I want to patch up the surrounding barbed wire, and then reorganize the house, [-] will be enough!" Shengzi said.
After the Spring Festival, Shengzi asked a few people to help, and started to clean up the rented house and land in the next village. He thought it would be enough to buy some wood and install doors and windows, but who knew that the more work he did, the more work he would do.
Although everyone knew that it was not easy for him, he could just take care of a meal without wages, but the purchase of raw materials required money, and the loan from the village had not been repaid, so he was ashamed to speak again, so he didn't dare to tell Fang Mao.Thinking about having a child can only ask Fang Yi for help.
"Okay, you give me an account number, and I'll transfer it to you." Fang Yi immediately agreed.After receiving the short interest, he went to the bank downstairs and transferred 5 yuan to the account of the child.
Zhou Guang's intentional injury case finally opened.Fang Yi was sitting in the courtroom, facing two prosecutors. This time Zhou Guang's case was heard by a judge alone. Frost.
Zhou Guang, who was sitting on the defendant's bench, seemed to have aged a lot, his brows were furrowed even tighter, he was a little at a loss sitting in the courtroom, his feet were involuntarily stomping around, and his lips were trembling slightly.
Sitting in the auditorium were Director Zhou, Zhou Junshan, and many fellow villagers from the village.
"...We believe that the defendant Zhou Guang intentionally injured another person's body and caused the death of the victim. His behavior constituted the crime of intentional injury and should be punished according to law.
Although the defendant, Zhou Guang, did not surrender in time, he actively cooperated with the public security organs in the investigation, confessed his crimes truthfully, pleaded guilty and repented, and had confessed circumstances, so he could be given a lighter punishment according to law.
According to another investigation, the defendant Zhou Guang was under 75 years old at the time of the case, and did not belong to the crime of the elderly as stipulated in Article No. 17 of the Criminal Law.
However, considering that the victim Zhou Junshui was at fault, we suggest that the defendant be sentenced to six years in prison below the statutory penalty.complete! After the prosecutor finished speaking, he put down the indictment in his hand.
According to the provisions of Article 230 of the "Criminal Law", whoever intentionally injures another person's body, causing death or causing serious injury to a person by particularly cruel means and causing serious disability, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death.
In Fang Yi's view, the prosecutor recommended that the court sentence Zhou Guang to six years' imprisonment, which is much lower than the minimum legal sentence (ten years), but in his opinion six years' imprisonment is still a bit much.
"Defendant, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the criminal facts charged in the indictment?" asked the female judge.
"Listen clearly, I have no objection." From Zhou Guang's point of view, the comrades in the procuratorate had already lenient him.Someone told him before that he would be sentenced to at least ten years for the crime he committed.
"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The female judge said.
"Okay, judge. Defendant Zhou Guang, why did you stab Zhou Junshui and cause his death?" the prosecutor asked.
"Zhou Junshui is my second son. When he saw that our old couple was not pleasing to the eye after drinking, he picked up a bench from the ground and smashed it on my wife's waist. My wife was knocked down by him, and he cried out in pain.
When I got angry, I scolded him a few words, and wanted to help my wife into the house, but he rushed over and grabbed my collar, swung me aside, and fell to the ground..." Zhou Guang told the past Once again, tears welled up in his eyes.
I don't know whether to shed tears for his wife's injury, or because he gave birth to a sinful son.
"Did Zhou Jun, the victim, do the same thing when he was in the village? I mean, did he beat or scold the villagers and his family?" the prosecutor asked.
"Yes, my son Zhou Junshui has done many bad things in the village. The whole village hates him, but there is nothing we can do about him. At home, he usually swears at our old couple, and beats people when we drink." Zhou Guang said.
"I'm done asking!" the inspector said.
Fang Yi understood that the prosecutor's question was out of good intentions. Only by letting the judge fully understand the situation at the time of the case and the villagers' evaluation of the victim, could the defendant be sentenced to a sentence below the statutory sentence without legal reasons.
"Does the defendant's defender need to question the defendant?" asked the female judge.
"I need to ask a question." After Fang Yi finished speaking, he looked at Zhou Guang: "Defendant Zhou Guang, since you were so angry at the time, why did you choose to stab the victim's leg with a knife instead of stabbing his vitals?"
"I...he is my own son! I can't do it..." After Zhou Guang finished speaking, his whole body trembled and he burst into tears.
"What is your intention of stabbing his thigh?" After a while, seeing Zhou Guang's mood eased, Fang Yi continued to ask.
"I just want to teach him a lesson, so that he will not be so rampant." Zhou Guang wiped away his tears.
yes!There must be rain in the madness of the sky, and there must be disaster in the madness of the man. Don't go too far in doing things and being a person!Fang Yi couldn't help but sigh with emotion.
"The defender's questioning is over!" Fang Yi said.
……
"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts. The public prosecutor will speak first." The female judge said.
"...The victim, Zhou Junshui, drank heavily all the year round, and committed domestic violence against his close relatives after drinking; on the morning of the incident, after drinking, Zhou Junshui abused and beat his parents again because of trivial matters, and he was obviously at fault in the cause of the case.
The behavior of the victim Zhou Junshui ran counter to the traditional virtues of the Chinese nation of respecting the old and loving the young.After being beaten by the victim Zhou Junshui, the defendant Zhou Guangxi chased Zhou Junshui with a knife from the kitchen in a moment of anger, and then stabbed him in the leg.
From the analysis of the source of the murder weapon and the location and frequency of the stabbing, the defendant Zhou Guang restrained his behavior. The circumstances and methods of the crime were average, and the subjective malignity was not deep.
This court believes that although the defendant Zhou Guang does not have the statutory conditions for the statutory mitigation of punishment.However, the nature of this case is extremely special. It is a case that has no statutory mitigating circumstances but needs to be sentenced below the statutory penalty. We recommend that Zhou Guang should be sentenced to six years in prison below the statutory penalty. " said the inspector.
"The defendant defends himself." The female judge said.
"I plead guilty and accept punishment, and I hope the court will deal with it leniently..." Zhou Guang shed tears again as he spoke.
(End of this chapter)
After Fang Yi sent Mr. Yang away, he was about to go back to his work station when his cell phone suddenly remembered that it was a call from the birth son in the village.
"Birth, what's the matter?" Fang Yi asked after answering the phone.
"Well, I have something, I...I want to borrow some money!" Shengzi stammered.
"Borrowing money? How much? Has the rented land started?" Fang Yi was startled, then asked.
"Well, I want to patch up the surrounding barbed wire, and then reorganize the house, [-] will be enough!" Shengzi said.
After the Spring Festival, Shengzi asked a few people to help, and started to clean up the rented house and land in the next village. He thought it would be enough to buy some wood and install doors and windows, but who knew that the more work he did, the more work he would do.
Although everyone knew that it was not easy for him, he could just take care of a meal without wages, but the purchase of raw materials required money, and the loan from the village had not been repaid, so he was ashamed to speak again, so he didn't dare to tell Fang Mao.Thinking about having a child can only ask Fang Yi for help.
"Okay, you give me an account number, and I'll transfer it to you." Fang Yi immediately agreed.After receiving the short interest, he went to the bank downstairs and transferred 5 yuan to the account of the child.
Zhou Guang's intentional injury case finally opened.Fang Yi was sitting in the courtroom, facing two prosecutors. This time Zhou Guang's case was heard by a judge alone. Frost.
Zhou Guang, who was sitting on the defendant's bench, seemed to have aged a lot, his brows were furrowed even tighter, he was a little at a loss sitting in the courtroom, his feet were involuntarily stomping around, and his lips were trembling slightly.
Sitting in the auditorium were Director Zhou, Zhou Junshan, and many fellow villagers from the village.
"...We believe that the defendant Zhou Guang intentionally injured another person's body and caused the death of the victim. His behavior constituted the crime of intentional injury and should be punished according to law.
Although the defendant, Zhou Guang, did not surrender in time, he actively cooperated with the public security organs in the investigation, confessed his crimes truthfully, pleaded guilty and repented, and had confessed circumstances, so he could be given a lighter punishment according to law.
According to another investigation, the defendant Zhou Guang was under 75 years old at the time of the case, and did not belong to the crime of the elderly as stipulated in Article No. 17 of the Criminal Law.
However, considering that the victim Zhou Junshui was at fault, we suggest that the defendant be sentenced to six years in prison below the statutory penalty.complete! After the prosecutor finished speaking, he put down the indictment in his hand.
According to the provisions of Article 230 of the "Criminal Law", whoever intentionally injures another person's body, causing death or causing serious injury to a person by particularly cruel means and causing serious disability, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death.
In Fang Yi's view, the prosecutor recommended that the court sentence Zhou Guang to six years' imprisonment, which is much lower than the minimum legal sentence (ten years), but in his opinion six years' imprisonment is still a bit much.
"Defendant, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the criminal facts charged in the indictment?" asked the female judge.
"Listen clearly, I have no objection." From Zhou Guang's point of view, the comrades in the procuratorate had already lenient him.Someone told him before that he would be sentenced to at least ten years for the crime he committed.
"The public prosecutor can interrogate the defendant on the criminal facts charged in the indictment." The female judge said.
"Okay, judge. Defendant Zhou Guang, why did you stab Zhou Junshui and cause his death?" the prosecutor asked.
"Zhou Junshui is my second son. When he saw that our old couple was not pleasing to the eye after drinking, he picked up a bench from the ground and smashed it on my wife's waist. My wife was knocked down by him, and he cried out in pain.
When I got angry, I scolded him a few words, and wanted to help my wife into the house, but he rushed over and grabbed my collar, swung me aside, and fell to the ground..." Zhou Guang told the past Once again, tears welled up in his eyes.
I don't know whether to shed tears for his wife's injury, or because he gave birth to a sinful son.
"Did Zhou Jun, the victim, do the same thing when he was in the village? I mean, did he beat or scold the villagers and his family?" the prosecutor asked.
"Yes, my son Zhou Junshui has done many bad things in the village. The whole village hates him, but there is nothing we can do about him. At home, he usually swears at our old couple, and beats people when we drink." Zhou Guang said.
"I'm done asking!" the inspector said.
Fang Yi understood that the prosecutor's question was out of good intentions. Only by letting the judge fully understand the situation at the time of the case and the villagers' evaluation of the victim, could the defendant be sentenced to a sentence below the statutory sentence without legal reasons.
"Does the defendant's defender need to question the defendant?" asked the female judge.
"I need to ask a question." After Fang Yi finished speaking, he looked at Zhou Guang: "Defendant Zhou Guang, since you were so angry at the time, why did you choose to stab the victim's leg with a knife instead of stabbing his vitals?"
"I...he is my own son! I can't do it..." After Zhou Guang finished speaking, his whole body trembled and he burst into tears.
"What is your intention of stabbing his thigh?" After a while, seeing Zhou Guang's mood eased, Fang Yi continued to ask.
"I just want to teach him a lesson, so that he will not be so rampant." Zhou Guang wiped away his tears.
yes!There must be rain in the madness of the sky, and there must be disaster in the madness of the man. Don't go too far in doing things and being a person!Fang Yi couldn't help but sigh with emotion.
"The defender's questioning is over!" Fang Yi said.
……
"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts. The public prosecutor will speak first." The female judge said.
"...The victim, Zhou Junshui, drank heavily all the year round, and committed domestic violence against his close relatives after drinking; on the morning of the incident, after drinking, Zhou Junshui abused and beat his parents again because of trivial matters, and he was obviously at fault in the cause of the case.
The behavior of the victim Zhou Junshui ran counter to the traditional virtues of the Chinese nation of respecting the old and loving the young.After being beaten by the victim Zhou Junshui, the defendant Zhou Guangxi chased Zhou Junshui with a knife from the kitchen in a moment of anger, and then stabbed him in the leg.
From the analysis of the source of the murder weapon and the location and frequency of the stabbing, the defendant Zhou Guang restrained his behavior. The circumstances and methods of the crime were average, and the subjective malignity was not deep.
This court believes that although the defendant Zhou Guang does not have the statutory conditions for the statutory mitigation of punishment.However, the nature of this case is extremely special. It is a case that has no statutory mitigating circumstances but needs to be sentenced below the statutory penalty. We recommend that Zhou Guang should be sentenced to six years in prison below the statutory penalty. " said the inspector.
"The defendant defends himself." The female judge said.
"I plead guilty and accept punishment, and I hope the court will deal with it leniently..." Zhou Guang shed tears again as he spoke.
(End of this chapter)
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