Lawyer
Chapter 69 Repeat Offender
Chapter 69 Repeat Offender
"I have a friend who is in some trouble and wants to consult you." Sister Lan said.
"Okay, where do we meet?" Fang Yi asked. Today is Sunday, and the law firm is closed. He doesn't have the key to the law firm, so he can't enter the door.
"Take a break in the morning and adjust your status. I'll make an appointment for you to meet at three o'clock in the afternoon. Come to Yunwu Tea House. I'll send you the address later." After speaking, Sister Lan hung up the phone.
After hanging up the phone, Fang Yi threw himself on the bed again and fell asleep.
At [-]:[-] pm, Yunwu Tea House.
Fang Yi has been thinking about it since he walked into Yunwu Tea House. Don't we usually meet in teahouses when we talk about things?No matter how bad it is, I have to make an appointment for a private room. Why did I make an appointment for a place that sells tea.
Yunwu Tea House is really a tea house. It is located on the ground floor of a residential building. When you open the thick cotton curtain, you can immediately smell the fragrance of tea.
After Fang Yi entered the door, he stood at the door and was looking in. A little girl, about eighteen or nineteen, came up to him, looking very festive: "Hello, what kind of tea would you like to buy?" Her voice was very pleasant. , kind of like a lark.
"I'm sorry, I'm looking for someone. We have an appointment to meet in the store at three o'clock." Fang Yi apologized.Will people sit down and talk about things in places where people sell tea?Unless the person talking is...
While he was thinking wildly, the little girl smiled: "You are lawyer Fang! Please follow me."
Fang Yi agreed, and followed the little girl to the back. The area behind was not too big, and there was a tea room remodeled from a room about twelve or three square meters.The door on the opposite side of the tea room is locked, probably a warehouse or something.
In the tea room at this time, Sister Lan was chatting with a woman while drinking tea.
The woman was in her early thirties, with big eyes, snow-like skin, and beautiful hair behind her head, and there was an indescribable charm in every frown and smile.
"Lawyer Fang, come quickly. We are talking about you." Seeing Fang Yi being led in, Sister Lan stood up and greeted her.The woman also stood up, smiled and nodded at Fang Yi.
"Sister Lan, I'm not late!" Fang Yi saw that Sister Lan had arrived, and subconsciously checked the time on the phone.
"The time is just right, you are punctual. Come on, let me introduce you, this is Yunmei, my friend, and the owner of Yunwu Tea House.
Xiaomei, this is the lawyer Fang I mentioned earlier.Lawyer Fang is very professional. If you have any questions, you can ask them directly. "Sister Lan introduced.
"Hello, my name is Yunmei. The owner of the small tea shop." Yunmei stretched out her hand generously.
"Hello, my name is Fang Yi. A young lawyer." Fang Yi took two steps forward, came close and shook hands.
After speaking, the two looked at each other and smiled!
When Fang Yi saw Yunmei, he suddenly remembered a poem about plum blossoms written by Wang Anshi in the Song Dynasty: There are several plum blossoms in the corner of the wall, and Ling Han blooms alone.
Yunmei's temperament is very similar to that of plum blossoms, modest and gentle, yet proud.
"Okay! Stop being modest, both of you, sit down and chat." Sister Lan grinned and said, "Lawyer Fang, I invite you here this time for Xiaomei's sake. Let her tell you."
Fang Yin hummed, and looked at Yunmei: "Boss Yun, if you have anything to ask, you might as well just tell me."
"Well, it's actually not my business, it's my brother's business..." Yunmei poured a cup of tea for Fang Yi, and said what she wanted to consult.
Yunmei's uncle has a son named Yunhai. Two years ago, Yunhai and his wife Shuidan agreed to divorce because of their emotional discord.They had a house at that time, and Yunhai gave the house to his wife Shui Dan when they divorced, and the transfer procedures were completed.
Later, Yunhai repented and wanted to go back to the house, but Shuidan refused.Yun Hai pried open the door many times, entered the room and refused to leave, Shui Dan dissuaded him, but Yun Hai refused repeatedly, Shui Dan had no choice but to call the police.
Yunhai was sentenced to administrative detention and fined by the public security organs, but Yun Hai still refused to repent, and forcibly opened the door to enter the room again. Later, he was caught by the public security organs.
After Yunhai was released in the middle of this year, Yunmei arranged for him to help in the store, but who knew that he hated Shuidan, and used his off-duty time to look for Shuidan again.
At this time, Shuidan was already married to someone else. Seeing the young couple living in the house, Yunhai felt jealous, disregarding Shuidan's warning and stopping, broke into the room, and had a conflict with Shuidan's husband. Upon seeing this, he hurriedly called the police.
After the injury appraisal, Shui Dan's husband had multiple soft tissue injuries, which belonged to minor injuries, and Yunhai did not constitute the crime of intentional injury.However, the police still detained Yun Hai on the charge of trespassing on a house, and now he has been locked up in a detention center.
"My younger brother... hey! I was sentenced once for breaking into a private house before, but I didn't have a long memory and made the same mistake again.
Before I consulted several lawyers, some said that it was impossible to get a suspended sentence, and some lawyers said that as long as I got the woman's letter of understanding, there is still a chance for a suspended sentence.
Lawyer Fang, do you think my brother has a chance to be sentenced to probation? "Yunmei asked, frowning tightly.
"I don't think it's very likely." Fang Yi thought for a while.
"Why? It's really impossible to spend some money..." Yunmei said anxiously.
"Technically speaking, there is a high probability that your brother will be sentenced to fixed-term imprisonment for this crime. If this is the case, the time between this crime and the last sentence was less than a year, and he has already constituted a recidivist.
The criminal law has special provisions for recidivists, who should be punished severely.I'm afraid your brother's sentence will be longer this time than before. "Fang Yi said.
"Repeat offender?" Yunmei showed puzzled eyes.
"Let me explain to you: Article No. 60 of the "Criminal Law" stipulates that a criminal who has been sentenced to a penalty of fixed-term imprisonment or more and commits a crime that should be sentenced to a penalty of fixed-term imprisonment or more within five years after the execution of the sentence is completed or pardoned is a recidivist. , shall be given a heavier punishment, except for negligent crimes and crimes committed by persons under the age of [-].
That is to say, those who committed intentional crimes twice before and after, with an interval of less than five years, and were sentenced to fixed-term imprisonment or above, constituted recidivists and must be severely punished.
Going back to your brother's case, he just fits the characteristics of a recidivist, so there is a high probability that the court will impose a longer sentence than before.
But your brother just broke into the house illegally, and did not do other things that violated the criminal law. I personally think that the sentence will not exceed two years, but there is a high probability that it will be longer than one year. "Fang Yi said.
"That's it!" Yunmei was stunned, and a sense of sadness welled up in her heart: "It means that my brother must still go to jail, and it is impossible to receive a suspended sentence and be released."
Fang Yi didn't speak, just nodded.
(End of this chapter)
"I have a friend who is in some trouble and wants to consult you." Sister Lan said.
"Okay, where do we meet?" Fang Yi asked. Today is Sunday, and the law firm is closed. He doesn't have the key to the law firm, so he can't enter the door.
"Take a break in the morning and adjust your status. I'll make an appointment for you to meet at three o'clock in the afternoon. Come to Yunwu Tea House. I'll send you the address later." After speaking, Sister Lan hung up the phone.
After hanging up the phone, Fang Yi threw himself on the bed again and fell asleep.
At [-]:[-] pm, Yunwu Tea House.
Fang Yi has been thinking about it since he walked into Yunwu Tea House. Don't we usually meet in teahouses when we talk about things?No matter how bad it is, I have to make an appointment for a private room. Why did I make an appointment for a place that sells tea.
Yunwu Tea House is really a tea house. It is located on the ground floor of a residential building. When you open the thick cotton curtain, you can immediately smell the fragrance of tea.
After Fang Yi entered the door, he stood at the door and was looking in. A little girl, about eighteen or nineteen, came up to him, looking very festive: "Hello, what kind of tea would you like to buy?" Her voice was very pleasant. , kind of like a lark.
"I'm sorry, I'm looking for someone. We have an appointment to meet in the store at three o'clock." Fang Yi apologized.Will people sit down and talk about things in places where people sell tea?Unless the person talking is...
While he was thinking wildly, the little girl smiled: "You are lawyer Fang! Please follow me."
Fang Yi agreed, and followed the little girl to the back. The area behind was not too big, and there was a tea room remodeled from a room about twelve or three square meters.The door on the opposite side of the tea room is locked, probably a warehouse or something.
In the tea room at this time, Sister Lan was chatting with a woman while drinking tea.
The woman was in her early thirties, with big eyes, snow-like skin, and beautiful hair behind her head, and there was an indescribable charm in every frown and smile.
"Lawyer Fang, come quickly. We are talking about you." Seeing Fang Yi being led in, Sister Lan stood up and greeted her.The woman also stood up, smiled and nodded at Fang Yi.
"Sister Lan, I'm not late!" Fang Yi saw that Sister Lan had arrived, and subconsciously checked the time on the phone.
"The time is just right, you are punctual. Come on, let me introduce you, this is Yunmei, my friend, and the owner of Yunwu Tea House.
Xiaomei, this is the lawyer Fang I mentioned earlier.Lawyer Fang is very professional. If you have any questions, you can ask them directly. "Sister Lan introduced.
"Hello, my name is Yunmei. The owner of the small tea shop." Yunmei stretched out her hand generously.
"Hello, my name is Fang Yi. A young lawyer." Fang Yi took two steps forward, came close and shook hands.
After speaking, the two looked at each other and smiled!
When Fang Yi saw Yunmei, he suddenly remembered a poem about plum blossoms written by Wang Anshi in the Song Dynasty: There are several plum blossoms in the corner of the wall, and Ling Han blooms alone.
Yunmei's temperament is very similar to that of plum blossoms, modest and gentle, yet proud.
"Okay! Stop being modest, both of you, sit down and chat." Sister Lan grinned and said, "Lawyer Fang, I invite you here this time for Xiaomei's sake. Let her tell you."
Fang Yin hummed, and looked at Yunmei: "Boss Yun, if you have anything to ask, you might as well just tell me."
"Well, it's actually not my business, it's my brother's business..." Yunmei poured a cup of tea for Fang Yi, and said what she wanted to consult.
Yunmei's uncle has a son named Yunhai. Two years ago, Yunhai and his wife Shuidan agreed to divorce because of their emotional discord.They had a house at that time, and Yunhai gave the house to his wife Shui Dan when they divorced, and the transfer procedures were completed.
Later, Yunhai repented and wanted to go back to the house, but Shuidan refused.Yun Hai pried open the door many times, entered the room and refused to leave, Shui Dan dissuaded him, but Yun Hai refused repeatedly, Shui Dan had no choice but to call the police.
Yunhai was sentenced to administrative detention and fined by the public security organs, but Yun Hai still refused to repent, and forcibly opened the door to enter the room again. Later, he was caught by the public security organs.
After Yunhai was released in the middle of this year, Yunmei arranged for him to help in the store, but who knew that he hated Shuidan, and used his off-duty time to look for Shuidan again.
At this time, Shuidan was already married to someone else. Seeing the young couple living in the house, Yunhai felt jealous, disregarding Shuidan's warning and stopping, broke into the room, and had a conflict with Shuidan's husband. Upon seeing this, he hurriedly called the police.
After the injury appraisal, Shui Dan's husband had multiple soft tissue injuries, which belonged to minor injuries, and Yunhai did not constitute the crime of intentional injury.However, the police still detained Yun Hai on the charge of trespassing on a house, and now he has been locked up in a detention center.
"My younger brother... hey! I was sentenced once for breaking into a private house before, but I didn't have a long memory and made the same mistake again.
Before I consulted several lawyers, some said that it was impossible to get a suspended sentence, and some lawyers said that as long as I got the woman's letter of understanding, there is still a chance for a suspended sentence.
Lawyer Fang, do you think my brother has a chance to be sentenced to probation? "Yunmei asked, frowning tightly.
"I don't think it's very likely." Fang Yi thought for a while.
"Why? It's really impossible to spend some money..." Yunmei said anxiously.
"Technically speaking, there is a high probability that your brother will be sentenced to fixed-term imprisonment for this crime. If this is the case, the time between this crime and the last sentence was less than a year, and he has already constituted a recidivist.
The criminal law has special provisions for recidivists, who should be punished severely.I'm afraid your brother's sentence will be longer this time than before. "Fang Yi said.
"Repeat offender?" Yunmei showed puzzled eyes.
"Let me explain to you: Article No. 60 of the "Criminal Law" stipulates that a criminal who has been sentenced to a penalty of fixed-term imprisonment or more and commits a crime that should be sentenced to a penalty of fixed-term imprisonment or more within five years after the execution of the sentence is completed or pardoned is a recidivist. , shall be given a heavier punishment, except for negligent crimes and crimes committed by persons under the age of [-].
That is to say, those who committed intentional crimes twice before and after, with an interval of less than five years, and were sentenced to fixed-term imprisonment or above, constituted recidivists and must be severely punished.
Going back to your brother's case, he just fits the characteristics of a recidivist, so there is a high probability that the court will impose a longer sentence than before.
But your brother just broke into the house illegally, and did not do other things that violated the criminal law. I personally think that the sentence will not exceed two years, but there is a high probability that it will be longer than one year. "Fang Yi said.
"That's it!" Yunmei was stunned, and a sense of sadness welled up in her heart: "It means that my brother must still go to jail, and it is impossible to receive a suspended sentence and be released."
Fang Yi didn't speak, just nodded.
(End of this chapter)
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