Lawyer
Chapter 489
Chapter 489
"Well, my opinion is basically the same as Lawyer Fang's, but I'm not as thorough as Lawyer Fang thinks. Please express your opinions. It's all for the sake of the client, so don't have any worries." Lawyer Zhao said with a smile.
……
A week later, the second trial of Zhuang Wenjing's intentional injury case opened.In the fifth trial division of the Provincial High Court, there were many people sitting in the auditorium, including Deng Gang's family members, Liu Min and others.
Zhuang Wenjing, who was sitting in the dock, was much calmer than when the first trial was held, but she was still uneasy, wondering how the Provincial High Court would judge her.
The presiding judge is a gray-haired male judge in his 40s.The male judge next to him was reading the criminal verdict of the first instance.
"Next, the public prosecutor will read out the protest." After the judge finished reading out the criminal verdict, the presiding judge said.
"Presiding judge, judge: We believe that the protest of the Municipal People's Procuratorate is inappropriate, and we have decided to withdraw the protest." After speaking, a male prosecutor in his thirties submitted the Procuratorate's decision to withdraw the protest to the presiding judge.
What?Complaint withdrawn!Let me tell you earlier, we are doing a lot of work for nothing.Zhou Ying, who was beside Fang Yi, glanced at the prosecutor opposite, and was very dissatisfied with him.
The presiding judge breathed a sigh of relief, and secretly said: Brother, why didn't you let me know in advance to withdraw the protest, well, I've also closed the case.
……
"...This court believes that: the facts of this case are clear and the evidence is conclusive. The criminal incidental civil judgment made by the first instance based on the facts and evidence of this case, declaring Zhuang Wenjing innocent and not liable for civil compensation, applies the law correctly, and the trial procedure is legal, and should be maintained. Province The Procuratorate's decision to withdraw the appeal shall be accepted.
In accordance with Article 180, Item (240) of the Criminal Procedure Law of the People's Republic of China and Article [-] of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China, the ruling is as follows:
[-]. The appeal of Deng Gang's family was rejected, and the judgment of the original trial attached to the civil part was upheld.
[-]. Allow the Provincial Procuratorate to withdraw the protest. " said the presiding judge.
Liu Min in the auditorium did not expect the cousin's case to end like this.Not only did she not expect, but Fang Yi on the defense bench was also surprised. He did not expect that the Provincial High Procuratorate would withdraw the protest, but this would save the court battle.
Zhuang Wenjing must be the happiest person in the whole court. Her case is over and she no longer needs to go to jail. A stone in her heart finally fell to the ground, and she kept bowing to the public prosecutor and the judges of the collegial panel.
Liu Min suddenly realized a problem. During the second trial, Fang Yi didn't say much. The lawyer's fee..., hey!Forget it, Yunmei still has to give her face.
A few days later, lawyers Zhao and Gao of Hua Liancheng's team walked out of the court.
"Old Zhao, Lawyer Fang's point of view is not entirely correct. You can see that he missed the point in this case. I'm right. The victim Wu Jianguo also has to bear a certain amount of responsibility." Lawyer Gao said proudly.
Li Zhiguo's intentional injury case, which Lawyer Zhao consulted with Fang Yi before, was in court today, and the presiding judge announced the verdict in court.
The county court held that the defendant Li Zhiguo intentionally injured another person with a weapon, causing minor injury to one person. His behavior constituted the crime of intentional injury and should be punished according to law, and the victim Wu Jianguo should be compensated for the material losses suffered by this case.
In view of Li Zhiguo's truthful confession of his crime after his return to the case, and his ability to actively compensate part of the victim's economic losses after the incident, he was given a lighter punishment according to law.Wu Jianguo was at fault in this case, and Li Zhiguo's civil compensation liability can be reduced by 20.00% according to law.
The final judgment of the county court was as follows:
[-]. Defendant Li Zhiguo committed the crime of intentional injury and was sentenced to one year and two months in prison.
[-]. The defendant, Li Zhiguo, should compensate Wu Jianguo, the plaintiff in the attached civil lawsuit, for medical expenses, follow-up treatment expenses, and hospital food subsidies, etc., totaling [-] yuan. Thirty-eight thousand and six hundred yuan shall be paid within ten days from the day when this judgment becomes legally effective.
[-]. Other claims of Wu Jianguo, the plaintiff in the attached civil suit, are dismissed.
After hearing the verdict, Lawyer Zhao was a little puzzled by the criminal part of the verdict. Since Wu Jianguo was found to be at fault, why did he sentence the defendant Li Zhiguo to one year and two months?Moreover, the court did not consider the victim's fault when sentencing.
After Lawyer Zhao expressed his doubts, Lawyer Gao also felt that there was some truth, but no matter what, the defendant accepted the court's judgment and did not intend to appeal.Their work is done.As for whether the victim will appeal on the civil part, the result is obvious, because the victim Wu Jianguo is very dissatisfied with the court's judgment.
Sure enough, within a few days after the verdict was issued, the victim Wu Jianguo filed an appeal on the civil part.
After the trial, the Intermediate People's Court held that the behavior of the defendant Li Zhiguo constituted the crime of intentional injury, and his behavior caused minor injuries to the victim Wu Jianguo, and he should bear the corresponding civil liability for compensation for the material losses Wu Jianguo suffered as a result.The trial procedure of the original judgment was legal, but it was found that the victim Wu Jianguo was at fault in this case, and it was inappropriate to reduce Li Zhiguo’s civil compensation liability based on this.
[-]. Uphold the third item of the county people's court's criminal incidental civil judgment;
[-]. Revocation of item [-] of the county people's court's criminal incidental civil judgment;
[-]. Li Zhiguo, the defendant in the original trial, should compensate the appellant Wu Jianguo for all the losses suffered due to this case. After deducting [-] yuan, the balance should be paid within ten days from the date when the judgment becomes legally effective.
When lawyers Zhao and Gao learned of the result of the second-instance verdict from Li Zhiguo's wife, they couldn't help but admire Fang Yi's level.Of course, this is all something later, Fang Yi doesn't know what they think.
At the end of June, Fang Anzhi finally finished his exams, and Fang Yi sent him to his hometown to find his grandfather.He was left alone at home again.
On this day, Fang Yi received a call from Li Shuming, asking him to go to Huihuang if he had time at night, and to find him if he needed anything.Fang Yi knew that Li Shuming's busy feet had hit the back of his head recently, so he wouldn't have said that if he had nothing to do.That night, Fang Yi went to Brilliant.
"Is the matter of going to Germany settled?" Fang Yi walked into Li Shuming's office, sat on the sofa, and asked with a smile.
"It's fixed, it's tentatively scheduled to fly over on July [-].
By the way, I helped Xiaozhi complete all the procedures. This time, I will be back at the end of August. I plan to let my daughter take Xiaozhi to visit her school, and then go to Munich University and other well-known German universities. Down. "Li Shuming said.
"Thanks, but Xiaozhi has his own ideas, I wonder if he will change his previous ideas." Fang Yi said.
(End of this chapter)
"Well, my opinion is basically the same as Lawyer Fang's, but I'm not as thorough as Lawyer Fang thinks. Please express your opinions. It's all for the sake of the client, so don't have any worries." Lawyer Zhao said with a smile.
……
A week later, the second trial of Zhuang Wenjing's intentional injury case opened.In the fifth trial division of the Provincial High Court, there were many people sitting in the auditorium, including Deng Gang's family members, Liu Min and others.
Zhuang Wenjing, who was sitting in the dock, was much calmer than when the first trial was held, but she was still uneasy, wondering how the Provincial High Court would judge her.
The presiding judge is a gray-haired male judge in his 40s.The male judge next to him was reading the criminal verdict of the first instance.
"Next, the public prosecutor will read out the protest." After the judge finished reading out the criminal verdict, the presiding judge said.
"Presiding judge, judge: We believe that the protest of the Municipal People's Procuratorate is inappropriate, and we have decided to withdraw the protest." After speaking, a male prosecutor in his thirties submitted the Procuratorate's decision to withdraw the protest to the presiding judge.
What?Complaint withdrawn!Let me tell you earlier, we are doing a lot of work for nothing.Zhou Ying, who was beside Fang Yi, glanced at the prosecutor opposite, and was very dissatisfied with him.
The presiding judge breathed a sigh of relief, and secretly said: Brother, why didn't you let me know in advance to withdraw the protest, well, I've also closed the case.
……
"...This court believes that: the facts of this case are clear and the evidence is conclusive. The criminal incidental civil judgment made by the first instance based on the facts and evidence of this case, declaring Zhuang Wenjing innocent and not liable for civil compensation, applies the law correctly, and the trial procedure is legal, and should be maintained. Province The Procuratorate's decision to withdraw the appeal shall be accepted.
In accordance with Article 180, Item (240) of the Criminal Procedure Law of the People's Republic of China and Article [-] of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China, the ruling is as follows:
[-]. The appeal of Deng Gang's family was rejected, and the judgment of the original trial attached to the civil part was upheld.
[-]. Allow the Provincial Procuratorate to withdraw the protest. " said the presiding judge.
Liu Min in the auditorium did not expect the cousin's case to end like this.Not only did she not expect, but Fang Yi on the defense bench was also surprised. He did not expect that the Provincial High Procuratorate would withdraw the protest, but this would save the court battle.
Zhuang Wenjing must be the happiest person in the whole court. Her case is over and she no longer needs to go to jail. A stone in her heart finally fell to the ground, and she kept bowing to the public prosecutor and the judges of the collegial panel.
Liu Min suddenly realized a problem. During the second trial, Fang Yi didn't say much. The lawyer's fee..., hey!Forget it, Yunmei still has to give her face.
A few days later, lawyers Zhao and Gao of Hua Liancheng's team walked out of the court.
"Old Zhao, Lawyer Fang's point of view is not entirely correct. You can see that he missed the point in this case. I'm right. The victim Wu Jianguo also has to bear a certain amount of responsibility." Lawyer Gao said proudly.
Li Zhiguo's intentional injury case, which Lawyer Zhao consulted with Fang Yi before, was in court today, and the presiding judge announced the verdict in court.
The county court held that the defendant Li Zhiguo intentionally injured another person with a weapon, causing minor injury to one person. His behavior constituted the crime of intentional injury and should be punished according to law, and the victim Wu Jianguo should be compensated for the material losses suffered by this case.
In view of Li Zhiguo's truthful confession of his crime after his return to the case, and his ability to actively compensate part of the victim's economic losses after the incident, he was given a lighter punishment according to law.Wu Jianguo was at fault in this case, and Li Zhiguo's civil compensation liability can be reduced by 20.00% according to law.
The final judgment of the county court was as follows:
[-]. Defendant Li Zhiguo committed the crime of intentional injury and was sentenced to one year and two months in prison.
[-]. The defendant, Li Zhiguo, should compensate Wu Jianguo, the plaintiff in the attached civil lawsuit, for medical expenses, follow-up treatment expenses, and hospital food subsidies, etc., totaling [-] yuan. Thirty-eight thousand and six hundred yuan shall be paid within ten days from the day when this judgment becomes legally effective.
[-]. Other claims of Wu Jianguo, the plaintiff in the attached civil suit, are dismissed.
After hearing the verdict, Lawyer Zhao was a little puzzled by the criminal part of the verdict. Since Wu Jianguo was found to be at fault, why did he sentence the defendant Li Zhiguo to one year and two months?Moreover, the court did not consider the victim's fault when sentencing.
After Lawyer Zhao expressed his doubts, Lawyer Gao also felt that there was some truth, but no matter what, the defendant accepted the court's judgment and did not intend to appeal.Their work is done.As for whether the victim will appeal on the civil part, the result is obvious, because the victim Wu Jianguo is very dissatisfied with the court's judgment.
Sure enough, within a few days after the verdict was issued, the victim Wu Jianguo filed an appeal on the civil part.
After the trial, the Intermediate People's Court held that the behavior of the defendant Li Zhiguo constituted the crime of intentional injury, and his behavior caused minor injuries to the victim Wu Jianguo, and he should bear the corresponding civil liability for compensation for the material losses Wu Jianguo suffered as a result.The trial procedure of the original judgment was legal, but it was found that the victim Wu Jianguo was at fault in this case, and it was inappropriate to reduce Li Zhiguo’s civil compensation liability based on this.
[-]. Uphold the third item of the county people's court's criminal incidental civil judgment;
[-]. Revocation of item [-] of the county people's court's criminal incidental civil judgment;
[-]. Li Zhiguo, the defendant in the original trial, should compensate the appellant Wu Jianguo for all the losses suffered due to this case. After deducting [-] yuan, the balance should be paid within ten days from the date when the judgment becomes legally effective.
When lawyers Zhao and Gao learned of the result of the second-instance verdict from Li Zhiguo's wife, they couldn't help but admire Fang Yi's level.Of course, this is all something later, Fang Yi doesn't know what they think.
At the end of June, Fang Anzhi finally finished his exams, and Fang Yi sent him to his hometown to find his grandfather.He was left alone at home again.
On this day, Fang Yi received a call from Li Shuming, asking him to go to Huihuang if he had time at night, and to find him if he needed anything.Fang Yi knew that Li Shuming's busy feet had hit the back of his head recently, so he wouldn't have said that if he had nothing to do.That night, Fang Yi went to Brilliant.
"Is the matter of going to Germany settled?" Fang Yi walked into Li Shuming's office, sat on the sofa, and asked with a smile.
"It's fixed, it's tentatively scheduled to fly over on July [-].
By the way, I helped Xiaozhi complete all the procedures. This time, I will be back at the end of August. I plan to let my daughter take Xiaozhi to visit her school, and then go to Munich University and other well-known German universities. Down. "Li Shuming said.
"Thanks, but Xiaozhi has his own ideas, I wonder if he will change his previous ideas." Fang Yi said.
(End of this chapter)
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