Cao Yun said: "The second thing I bothered about today is that I am not satisfied with the charges made by the prosecution. You only raised the tip of the wall attempt. In this case, there was actually a beating, and there must have been intentional injury. Although they did not cause minor injuries to Xiaoru, their actions met the requirements of the public security punishment regulations for intentional injury to others. The case took place in an enclosed space, and the suspect drove others out of the door, essentially suspecting kidnapping. The crime of insult objectively exists. ”

In school bullying cases, many evildoers have escaped punishment, not all because of minors and the education department, but there are still gaps in the law.

The crime of insult is a private criminal case. The subject of the crime of ill-treatment is family members. In addition, if the victim does not suffer minor injuries, even if the mind is greatly harmed, the judiciary is powerless.

For example, forcing others to eat poop without causing physical harm to the victim is suspected of committing the crime of insult. The crime of private prosecution is capped at three years, and as soon as the juvenile talisman comes out, there is basically no prison term. The psychological trauma suffered by the victim does not affect the sentencing, which only takes into account the physical harm suffered by the victim.

Cao Yun was puzzled by the nine tails and explained: "Once the intentional injury is determined, the other party must compensate Xiaoru for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and mental damages. Xiaoru is a student, and she will take the college entrance examination next year, and hospitalization at this time will have an extremely huge impact on her future. You don't care how I sue for a claim, you just give me a conclusion. ”

Nine-Tails said: "Why are you ......?"

"Ahem. Zhuge Ming coughed and reminded.

Nine-Tails nodded slowly: "I tell you very clearly, the crime of kidnapping is not established. Extortion of money or kidnapping as a hostage is considered a kidnapping. The offence of insult is also not established, and it does not meet the rigid requirement of 'blatant'. As for intentional injury, I admit that there is. ”

Cao Yun didn't force it, and continued: "The third thing, although the eldest sister who took the lead is dead, she must be convicted, so I can claim compensation from their family." ”

Nine-tails, Zhuge Ming: "......"

Cao Yun: "What do you see, drunk driving hits someone else's car, causing others to be injured, and he dies, so he doesn't have to pay money when he dies?"

Zhuge Ming took a deep breath: "Please say the fourth thing." ”

Cao Yun: "Wang Bing's confessional attitude is very good, and he has been forgiven by Xiaoru. The law is fair and just, so you can explain the situation and other suspects. Xiaoru is not an unreasonable person, she is indeed bullied. Right?"

Zhuge Ming read the meaning and asked, "How much does it cost to get Xiaoru's understanding?"

Cao Yun replied: "It's not a question of money, it's a matter of attitude and sincerity. ”

Zhuge Ming: "If you don't give money, you can get Xiaoru's forgiveness?"

Cao Yun: "If you don't give money, it is possible to get Xiaoru's understanding, as long as you are sincere and have a good attitude." Now Xiaoru finally forgave Xiaoice, if they can't show more sincerity and a more sincere attitude than Xiaoice, I think it will be difficult to be forgiven by Xiaoru. ”

Zhuge Ming covered his mouth, he didn't want to swear. There are many people who think that forgiveness and compensation are unfair, and that money can buy prison sentences. Zhuge Ming wanted to say to them: That's because you don't know Cao Yun.

Normal forgiveness compensation, if there is a perpetrator with a net worth of 100 million, according to the circumstances of the case and the victim's family situation, it is almost the same to give hundreds of thousands or hundreds of thousands of forgiveness. Cao Yun's standard is: You have 100 million, I want 80 million, otherwise you are not sincere enough, and your attitude is not sincere enough. Money is something outside the body, and you can't even give up money, so how can you talk about sincerity?

Zhuge Ming said: "Cao Yun, I know, you can concentrate on preparing for Xiaoru's trial." You want money to die, okay, it's your ability. If you're only going to ask for money, you'll lose the lawsuit. I look down on you. ”

Cao Yun smiled: "Although I don't care if you look up to me or not, I won't lose." ”

Zhuge Ming: "Then we'll see you in court." ”

Cao Yun: "You decided to go to court to be my opponent? Do you think the Nine-Tails are useless?"

Nine-tails looked at Zhuge Ming, this was her case. The prosecutor cannot be temporarily replaced just because of Cao Yun.

Zhuge Ming understood this truth and said, "No, the nine tails are the prosecutor in this case. ”

Cao Yun sighed: "It seems to be a bit difficult to fight." ”

Zhuge Ming was angry: "What do you mean by this?"

Cao Yun: "I mean to be an opponent with the Nine-Tails, I can't be sure." If it's you Zhuge Ming, hehe, I'll behead you directly. ”

Zhuge Ming laughed angrily: "You don't have to sow discord, I won't fall for your tricks." ”

Cao Yun: "If you admit that you are a scheming, it means that you admit that you are not as good as the Nine-Tails." ”

Zhuge Ming squeezed a smile again: "I am indeed inferior to the Nine-Tails." ”

Cao Yun laughed and stood up: "Let's go, two prosecutors, goodbye." ”

......

Six people were bullied, one died, and one begged for forgiveness. The case seems to have been completely reversed, and Xiaoru is no longer the one who illegally shoots and kills people with weapons, but has become a pure victim.

After hearing about the letter of understanding, the parents of the four children all contacted Ye Jiao. Ye Jiao, in accordance with Cao Yun's principle of not meeting together, made an appointment to meet separately in the order of successive calls.

After the meeting, Cao Yun first explained Wang Bing's sincerity. The subtext is: You can't give less money than Wang Bing's. At the same time, Cao Yun added: "Someone must be severely punished in this matter, otherwise how can I give Xiaoru an explanation, otherwise how can I set the record straight?" Subtext: Definitely do not accept the last person's forgiveness.

Cao Yun has always said that a good lawyer should speak in vain, but this time Cao Yun's words are unfathomable. In this way, although Cao Yun will not be caught, can the parents of the four children understand the deep meaning?

To answer this question, we have to ask the other way around: Why did Wang Bing's parents take the initiative to propose an understanding agreement?

What Cao Yun can't do, there is always someone who can do it. For example, Hanko.

A parent was friends with Wang Bing's father and got Hanzi's phone. After the parents met with Hanzi, Hanzi explained: "The easiest thing to respond to sincerity is money. "Hanko said a kidnapping principle, when there are two hostages, the hostages are surplus resources, and the kidnappers are likely to coerce the family to send money by harming one hostage. Now there are four hostages.

Hanzi: "There must be someone in this case who will not be forgiven, so who this person is, it depends on sincerity." ”

What? Are you poor? Are you so poor or so bad? Then there is no way, it's you. Cao Yun is not a good bird, he has always hated the poor and loved the rich.

A few days later, two parents were able to find understanding. Then Ye Jiao said to the other two parents who pleaded: "My client no longer accepts understanding. ”

......

Although the case is the same, the subject of the case is different, and the case is tried separately. Because Xiaoru was involved in a large crime and needed a jury trial, the attempted case of the five accomplices was tried first.

Two of the defendants were girls, and although they did not have the tools to commit the crime, they were still found to be co-defendants because of legal standards. The five defendants are very equal, and there is no distinction between the mastermind and the first offender. The biggest and only difference is whether or not their actions are forgiven by the victim.

Xiaoru testified in court to exonerate three of the suspects, saying that she had reached an understanding agreement with the suspects. According to the jurisprudence of forgiveness, their sentences are necessarily lower than those of the other two.

In the end, the judge ruled that the five belonged to one of the worst behaviors in the wall: the wheel tip. The wheel started in ten years, and because it was an attempt, coupled with a good attitude of confession, he was a minor. In the end, the two unforgiven suspects were sentenced to three years in prison, where they will serve their sentences in juvenile detention and transfer to adult prisons when they reach the age of 18. The forgiven suspect was sentenced to 500 hours of community labor.

Parents have different opinions on the outcome of this case, but one is the same: the dog lawyer.

The unforgiven suspects' parents are also willing to spend money for the sake of their children. But they really didn't have much money, and even knelt down and begged, saying that they had taken out all their belongings, hoping to get Xiaoru's understanding.

Cao Yun said that he regretted that kneeling once was not a gold voucher, and he couldn't take his knees once to go shopping in the supermarket. If you don't have enough money, that's your business, and as a judicial officer, you have to be fair first. If you give 1 million, you want to enjoy the treatment of 3 million from others, which is obviously unreasonable.

The parents who have been forgiven also have a great opinion of Cao Yun, not to mention the bankruptcy of the family, and their living standards have regressed by at least ten years or more. There is also a sense of relief, at least the child does not have to go to jail and will not leave a criminal record.

Seemingly ordinary cases, as long as the entry point is obtained, huge profits can still be obtained. The three families contributed a total of $9 million in understanding. Cao Yun sincerely hopes that the three children will not do similar bad things in the future, their parents are basically bankrupt, and they can only go to prison if they commit another crime.

The reason why the forgiveness money is so high is that Cao Yun grasped the lifeblood of the other party, that is, the most precious thing of the other party: children. From an alternative sense, Cao Yun is not blackmail, it can be regarded as kidnapping.

The SPC has the following interpretations of the MOU.

Positive compensation was obtained to obtain understanding, and the base sentence was reduced by 40%. Positive compensation is not forgiven, and the base sentence is reduced by 30%. If no compensation is obtained, the base sentence will be reduced by 20 per cent.

If the victim or the victim's family waives the civil claim, it is likely that the sentence will be increased.

This is also a game, and the victim's lawyer must negotiate a more suitable price for the client. How to calculate the appropriate price? Most lawyers will negotiate with the client to set a price based on the degree of victimization of the client. Lawyers like Cao Yun are among the very few who set a price based on the other party's ability to compensate and the possibility of compensation. Although the latter are dog lawyers, they fully protect the best interests of their employers.

The result of the forgiveness compensation made Xiaoru very, very, very happy, and at the same time full of worries about her case. Because Cao Yun, a famous lawyer who helped her make a lot of money, told Xiaoru very clearly: It is difficult for her to fight for illegal gun possession. And Cao Yun explained that he was looking for more clues, and if no progress was made, he would advise Xiaoru to confess.

A lawyer is not a lawyer, and the first way to defeat Xiaoru's crime of illegal gun possession is to prove that Xiaoru was forced to illegally possess a firearm, or that she illegally possessed a firearm without knowing it. The second way: trial to the death. The second method, Cao Yun knows that the odds of winning are not high, the facts are clear, and the evidence is ironclad.

In response to this case, Cao Yun first asked Yun Yin to intervene in the case and become Xiaoru's civil lawyer, and Yun Yin will make civil claims against the two criminals who were imprisoned and the criminals who have died. The arrangement for Yun Yin is that others are not available, firstly, in the spirit of being able to take a little bit of calculation, and secondly, to let Yun Yin confirm that he is indeed working in a law firm.

The second is the survey, and most importantly, the survey. Whether it is a plea of guilt and a lenient sentence or a trial of death, the source of the gun must be explained.

Suppose Xiaoru's testimony is: I picked up the gun in the trash. The police could not prove that the gun was not picked up by Xiao Ru in the trash can, and according to legal theory, Xiao Ru's testimony could be trusted. Now the more troublesome police have investigated and although they cannot directly prove that Xiaoru lied, they have reduced the credibility of Xiaoru's testimony to a minimum.

Cao Yun also confirmed Xiaoru's testimony again and again, and Xiaoru was very sure of his statement. Under these circumstances, Cao Yun applied to the police to cooperate with the coordinated investigation and only investigate Xiaoru's testimony. This has the advantage of allowing the police to re-corroborate Xiaoru's testimony, hoping to find clues. There is a shortcoming, if there is no result of the coordinated investigation, the court will not accept Xiaoru's testimony. Xiaoru could not be sentenced lightly by pleading guilty, and Cao Yun did not have the capital to overturn the case in the trial.

......

In the collaborative investigation meeting, Xiao Guo explained the specific situation of the security check.

There are a total of ten clerks on duty, including one manager, three at the front desk and six at the back office. The front desk orders and prepares meals according to the order. Due to the large number of people that day, I could only wait for the backstage to serve the meal.

The delivery person is not an employee of the store, but an employee of an outsourcing company. The five delivery employees of the shrimp transportation company were in charge of the takeaway of the store that day.

After reasoning, Xiao Guo took Xiao Ru's telling the truth as the reference point, and it was definitely not the delivery employee who was the problem, because the delivery employee did not have the operation to put the gun into the family bucket. The backstage is only responsible for the food, they put the food in the incubator that connects the front and back office, they do not have access to the boxes of the family bucket, and they do not participate in the assembly work.

The biggest suspect is the manager and the three front desks, who know where the goods are delivered and have the assembly rights.

Cao Yun asked, "Where was the original place where the gun was delivered?"

Xiao Guo tapped on the computer and came out with ten addresses: "These are all takeaway addresses that ordered the whole family's bucket of chicken wings at that time." It is not certain to which address the gun order was delivered to. By time, and testimonies, we ruled out three of them, and seven more were suspicious. I took the agent to visit seven addresses, four of which were companies and three were families. ”

Cao Yun asked: "Who in the address of the family does not have children?"

Xiao Guo: "Cao Yun, otaku also have the right to take out at six o'clock, okay? We interviewed everyone who ordered. Let me put it this way, I haven't been a detective for a long time, but I don't think anyone who orders seven is fine. ”

Cao Yun nodded slowly: "Give me a copy of all the information, I'll take it back and think about it." Including everyone's transcripts, surveillance footage, etc., all to be. ”

Cao Yun was sure that Xiaoru was not lying, especially after winning the forgiveness money, if Xiaoru still lied to herself, she was kicked in the head by a donkey.

How did this gun get into the family bucket? Why did it get into the family bucket?