Lawyer

"In addition, from the fact that the victim picked up the empty beer bottle, smashed the bottle, and then asked the defendant for money with the broken bottle, it can also be seen that the real purpose of the victim was to take revenge on the defendant, which constituted provoking trouble.

Afterwards, the victim, Li Tao, said he wanted to 'bleed' the defendant, and stabbed Gu Changfu in the face with a broken wine bottle.Gu Changfu was unable to dodge in time and was stabbed on the left neck and face.

The victim's behavior was essentially a situation where one party attacked suddenly after the mutual assault stopped.At this time, the two parties did not fight each other. The victim led others to find fault with the purpose of beating the defendant to vent his anger. The defendant Gu Changfu had no intention of fighting, but was forced to defend when the victim committed the crime. Therefore, the victim Li Tao was an unlawful victim. people.

After being stabbed by the victim, Gu Changfu, the defendant, took the defensive method of hugging the back of the victim Li Tao in order to prevent the victim from continuing to infringe him. Later, because the ground was slippery, the two fell down.

Defendant Gu Changfu, for the purpose of defense, stopped the victim Li Tao from using a broken wine bottle to commit illegal infringement. The defendant's behavior met the conditions of justifiable defense stipulated in the "Criminal Law", and the defensive behavior did not exceed the necessary limit.It was impossible for Gu Changfu himself to expect that the victim, Li Tao, was stabbed to death by the broken wine bottle he was holding.

To sum up, after the dispute between the defendant Gu Changfu and the victim in the bathroom, the defendant's actions to stop the victim Li Tao's sudden attack belonged to justifiable self-defense.The defendant should not be held criminally or civilly responsible for the consequences of the defensive act.complete. After Fang Yi finished speaking, he put down the written defense in his hand.

(Note: The Supreme People’s Procuratorate and the Ministry of Public Security’s Guiding Opinions on Properly Handling Minor Injury Cases in accordance with the Law, Gao Jian Fa Ban Zi [2022] No. 167, clearly requires an accurate distinction between legitimate self-defense and mutual assault-type intentional injuries. Typical cases are also listed case.

The guidance points out that when a dispute arises over trivial matters, neither party can maintain restraint and cause a fight. The party who is at fault will act first and the method is obviously excessive, or one party will attack first and continue to violate the other party's efforts to avoid conflict. The counterattack party will cause the other party Injury, should generally be determined as justifiable self-defense.

However, in addition to the relatively clear restrictions on first-hand action in this article, the definitions of "obvious" and "excessive" are too vague. It still depends on how the presiding judge grasps it. It is a test of the judge's daily life experience and professionalism. level.

However, the introduction of the guidance, in the opinion of the author, is the advancement of the legal system, and the legal regulations are closer to reality and more down-to-earth. Interested readers can check it out)
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The most tense thing in the courtroom is the defendant Gu Changfu.Because the judgment of this case will determine whether he can continue to engage in his beloved research and development work in the future, and may completely change the direction of the second half of his life.

After a brief adjournment, everyone in the defendant's seat, auditorium, and defense seat looked at the presiding judge anxiously.

The court held that the victim Li Tao's act of injuring the defendant Gu Changfu with a broken wine bottle was an illegal infringement.Defendant Gu Changfu, who was stabbed by Li Tao on the left neck and face, hid behind Li Tao and hugged Li Tao's waist in order to prevent Li Tao from continuing to commit the injury. Injured to death.

Defendant Gu Changfu’s actions to stop the unlawful infringement in order to protect himself from the ongoing unlawful infringement are legitimate self-defense, and he shall not be held criminally liable for the damage caused by the unlawful infringer, nor shall he be liable for civil compensation.Judgment: Defendant Gu Changfu is not guilty and shall not bear civil liability for compensation.

The case was judged, and the defendant Gu Changfu was released in court.

Wu Qinghui in the auditorium really experienced Fang Yi's professionalism, and the feeling of sitting on the defense bench and "combating the Confucian scholars" made him very addicted.

Gu Changfu and his family are very grateful to Fang Yi.

Some people were happy and some were sad. A few days later, after getting the verdict, the victim's family appealed against the first-instance verdict.The procuratorate also filed a protest on the grounds that the defendant's behavior was intentional injury to others in the fight, which constituted the crime of intentional injury and did not constitute self-defense.

Gu Changfu and his wife approached Fang Yi again to handle the entrustment procedures for the second trial, and Fang Yi collected another 10 yuan in legal fees.Of course, the cost is still borne by the Fahrenheit Group.

However, the second trial has not yet opened, and the city procuratorate withdrew the protest after reviewing the protest opinion.This surprised Fang Yi greatly. It seems that the city's procuratorate is of a high level.

After the trial of the case, the Intermediate People's Court made a ruling, allowing the Municipal Procuratorate to withdraw the protest and rejecting the plaintiff's appeal in the attached civil suit.So far, Gu Changfu's intentional injury case has been closed.

On the second day after receiving the second-instance ruling, Lu Zhengfeng came to Wanhua United Law Firm, where Fang Yi handed over the ruling to him in the meeting room.

"Mr. Lu, what's going on with Mr. Gu's case? Is there any clue?" Fang Yi asked casually during the chat.

"There is a result. In fact, it's not a secret. The company has already dealt with it, so it's okay to tell you..." Lu Zhengfeng told the story with a relaxed expression.

In fact, when Lu Zhengfeng and Fang Yi were docking the case, Zhang Jun had already started to send people to investigate the relevant situation privately. Later, after Fang Yi told Lu Zhengfeng what he had found out, Zhang Jun became more certain about his guess.

Gu Changfu is the general manager of the R&D department of the group, leading the research and development of new projects. Fahrenheit Group attaches great importance to the protection of company secrets, and spends tens of millions on the protection of commercial secrets every year, and has never had any problems. Zhang Jun I feel that the problem with Gu Changfu this time must be within the company.

After investigation, it was finally determined that the suspect was Ge Hong, the vice president of the R&D department, who was the first senior engineer that the group hired from the research institute.

Later, because the business ability could not meet the requirements of the group, Zhang Jun recruited Gu Changfu again. Mr. Gu took the lead in several big projects as soon as he came, and Ge Hong was overwhelmed by the limelight.Seeing that there is no hope of promotion, Ge Hong feels jealous, so he plans to sell some materials to earn some extra money.

As a result, it was targeted by competitors of the Fahrenheit Group. After buying several materials from Ge Hong, the competitors found that Gu Changfu was leading people to develop new projects, and planned to let Ge Hong steal some project data.

Ge Hong had his own plan. He negotiated terms with the other party. Stealing the data was fine, but he had to put Mr. Gu on the ground and prevent him from participating in research and development for at least half a year.

Ge Hong's purpose is very simple. After Mr. Gu is laid down, the Fahrenheit Group will not be able to find a suitable candidate for a while, and there is a high probability that he will be re-appointed. He can use the previous research data and team of Mr. Gu for his own benefit. , to consolidate their position, but also to get in touch with more new project information.