Lawyer

Chapter 551 Cousin?

"I refused to accept the charges and the sentence determined by the court of first instance. I went to the hotel to discuss business that day and happened to see my wife Jiang Yu in the lobby.

Then I found out that she was dating a man, so I asked Erleng and Huzi to go to the room together to catch the rape.I didn't want to rob that man, it was the other man who voluntarily gave me money, and wanted to get rid of the rape.

I do not constitute the crime of robbery, the court of first instance sentencing was too heavy, I implore the court to rule in accordance with the law. "Shi Ling said confidently.

He felt that he was very reasonable, but the other party gave him a cuckold and offered to compensate him with money. How could he become a robber?He squatted in it for such a long time and didn't want to understand.

After graduating from university, Shi Ling has been taking care of the family business with his father. He has seen many scenes, and he has already cultivated a strong mentality. It is very appropriate to describe him as a hob meat.So after entering the detention center, he did not have a mental breakdown like everyone else. On the contrary, his thinking and logic were very clear, and he deduced his own affairs several times.

"Defendant's defense attorney issued the grounds for appeal," said the presiding judge.

"The presiding judge and the judges: the defender believes that the court of first instance did not determine the facts clearly, applied the law wrongly, convicted the appellant Shi Ling for the crime of robbery and sentenced him improperly, and the appellant's behavior should constitute the crime of extortion.

After the appellant Shi Ling was caught for adultery, the victim was afraid that the appellant would make her infidelity known to the public, so she proposed to give the appellant money to solve the matter.Afterwards, the appellant forcibly extorted 10 yuan from the victim with the threat of adultery and the purpose of illegal possession.

The evidence in the case cannot prove that the appellant Shi Ling had the intent to rob, and Shi Ling did not use violence to coerce the victim.Therefore, the actions of the appellant Shi Ling did not constitute the crime of robbery, but constituted the crime of extortion.Ask the court to change the sentence according to law.complete. "Fang Yi said.

"Appellant Shi Ling, do you have any objection to the criminal facts and charges identified in the first-instance verdict?" asked the presiding judge.

"There is an objection. The court of first instance found that I used violence to coerce the victim and robbed the money, which did not conform to the actual situation. The victim voluntarily gave me the money. Later, the two of us negotiated and reached an agreement, and the victim gave me 10 yuan to solve the problem of catching rape.

In addition, I don't agree with the charges found by the court of first instance, and I don't constitute the crime of robbery..." Shi Ling argued.

"Next, the prosecutor will question the appellant Shi Ling about the facts found in the first-instance verdict," said the presiding judge.

"Okay, presiding judge." The male prosecutor sitting at the head of the public prosecutor's bench looked at Shi Ling: "Appellant Shi Ling, what did you go to the hotel on the day of the incident?"

"I went to the hotel to discuss business. During the court session of the first instance, the court had already investigated. The client's WeChat account for inviting me to the hotel, the certificate issued by the client's company, and the client's check-in records can all confirm what I said." Shi Ling said confidently. .

"In the hotel, how did you find your wife, Jiang Yu?" the inspector asked.

"I saw her in the hotel lobby. She was sitting in the corner of the lobby with her head down and playing with her mobile phone." Shi Ling said.

"After you saw Jiang Yu, why didn't you go to find her?" the inspector asked.

"Usually she would go shopping with her girlfriends and beauty parlors, but suddenly she appeared in the hotel alone. I felt very strange at the time, so I didn't call her, and wanted to see what she was up to." Shi Ling said.

"Then what did you see?" said the inspector.

"A young man, quite fair-looking, took her room card and took her upstairs. I also followed," Shi Ling said.

"Do you know that man? What do you think they are related?" asked the inspector.

"I don't know each other. I think they have an immoral relationship between men and women. To put it bluntly, it was my wife who cheated.

But this kind of thing needs evidence after all. If I stop them rashly, the two of them will definitely not admit it. Maybe they will make up reasons for my cousin and cousin to prevaricate me, so I followed upstairs. "Sling said.

"What did you do after that?" the inspector asked.

"I called Hu Zi and Er Leng to come to the hotel to help me catch the adulterer. Later we called the door open and saw my wife and that man... and I beat the man." Shi Ling said.

"How did the victim react?" the prosecutor asked.

"He offered to give me money and let me let him go." Shi Ling said.

"How much is he going to pay you?" asked the inspector.

"Fifty thousand!" Shi Ling said.

"You agree?" asked the inspector.

"No. I thought it was too little, so I asked him for 10 yuan. He didn't have that much money, so he called a friend to borrow 10 yuan, and I asked Huzi to get it." Shi Ling said.

"Presiding judge, we're done asking." The prosecutor said.

"The defender of the appellant Shi Ling asked questions." The presiding judge said.

"Appellant Shi Ling, what did you think when you entered the hotel room?" Fang Yi asked.

"I saw my wife Jiang Yu stealing a man outside. I was so angry that I trembled. I beat that man up. I wanted to talk to her about the next thing after I got home. After all, family ugliness should not be publicized." Shi Ling said .

"What did you think when the other party offered you money to let him go?" Fang Yi asked.

"I thought at the time that he seduced my wife to do that, he should give me money to compensate me." Shi Ling said.

"The victim borrowed from a friend to compensate you, who proposed it?" Fang Yi asked.

"It was suggested by the other party. He promised to give me 10 yuan, but he didn't have any money in his bag. He said he asked a friend to borrow it." Shi Ling said.

"Who called his friend about borrowing money?" Fang Yi asked.

"He made the call himself. We don't know his friend. He was the one who contacted his friend to borrow money from the beginning to the end." Shi Ling said.

"The victim's friend didn't know Huzi, so why did he give the money to Huzi?" Fang Yi asked.

"He called his friend and told him that a friend would come to get the money later, and told his friend what Huzi looked like and what he was wearing. As a result, Huzi only got 5 yuan, and I was arrested by the police." Shi Ling said.

"After the victim offered to pay, did you beat him again?" Fang Yi asked.

"No, it's all settled, how can I hit him again." Shi Ling said.

"Why didn't you let the victim go?" Fang Yi asked.

"Because Huzi didn't come back when he went to get the money. I don't know if he is lying to me." Shi Ling said.

"Presiding judge, the defender's questioning is over," Fang Yi said.

"The next step is to present and cross-examine evidence. Do the prosecutors, defenders, and appellants have any new evidence to submit?" asked the presiding judge.

"There is no new evidence." The three parties replied.

……

"The court investigation is over, and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense. The debate should focus on determining charges, sentencing and other controversial issues.

The appellant speaks first. " said the presiding judge.

"I don't think I constitute the crime of robbery..." Shi Ling justified his behavior, and he said what he had thought in the detention center before.

(End of this chapter)