Chapter 289: The Yun Family Case

This is also reasonable, Cao Yun said: "Defendant Aunt Yun, you have to take your own interests as the starting point, and you can't find a way to kill your own defense lawyer." ”

Aunt Yun smiled, "I know." ”

Yun Yin thought for a while: "Aunt Yun, what do you think of the housekeeper?"

Aunt Yun replied, "Good people. ”

Yun Yin asked: "Is the housekeeper strictly managed? Remind me that if the housekeeper is a qualified housekeeper, if the housekeeper is not strict, then it is an unqualified housekeeper, and the housekeeper may be suspected of colluding with outsiders to damage the interests of the employer." ”

Aunt Yun looked at Yun Feiyang: "Does the master think it is strict or not strict?"

Yun Feiyang was speechless: "I think there is strict love and generosity. ”

Yun Yin said: "Okay, Aunt Yun, my uncle sues you, you may have to go to jail and lose money, what do you think in your heart?

Aunt Yun replied: "No, I answered his phone, and he kept urging me to go to the study." ”

Yun Yin asked, "Are you afraid of your uncle?"

Aunt Yun: "I'm a little scared. ”

Yun Yin looked at Cao Yun: "Uncle coerced Aunt Yun, and Aunt Yun was afraid, so she had to admit that she had a fluke mentality." Since there was no third party present, Aunt Yun's luck could not be recognized. ”

Housekeeper: "Aunt Yun, are you lucky?"

Aunt Yun smiled bitterly: "I'm also very embarrassed, I want to have a fluke mentality, but I definitely can't say that in court." I would say that after being urged, I was anxious and nervous and didn't think too much about it. ”

Yun Yin applauded: "This is a normal defendant. "The front is convulsive.

Cao Yun said: "The basic situation is like this, the law can't dig out the brains of witnesses and defendants to see whether she is subjective and malicious, whether she is a fluke mentality." The defendant did not admit that the prosecution could not prove this without evidence. At present, the prosecution insists that the defendant has a fluke mentality, and the defense insists that there is no fluke mentality. This is followed by the debate on the division of responsibility, first of all, whether the defendant Aunt Yun is guilty of negligence causing death. ”

Yun Yin said: "There is no doubt that the defendant objectively has the crime of negligence causing death. But the defendant has been bullied by his uncle for many years and is very afraid of his uncle......"

The housekeeper was dissatisfied: "Afraid of me? She kicked my ass yesterday." ”

Cao Yun thought for a while: "The defense continues." ”

Yun Yin said: "When the uncle called angry and threatened to fire her, she thought of her child. Aunt Yun's husband died many years ago, leaving behind two children......"

Butler: "I'm not dead. "That's right, he's Aunt Yun's husband.

Yun Yin: "As a woman with a low level of education, this job means a lot to her. The owner of this family only likes to bully his own children on weekdays, and does not care about other things. The housekeeper is undoubtedly the biggest boss, so Aunt Yun can't refuse the housekeeper's request, and she is still the housekeeper who is already excited and angry, so Aunt Yun went to the study very nervously. As a nanny, Aunt Yun has always had the habit of closing the door casually, but this time, because she was afraid, she even forgot to close the door of the study, which shows her mentality at that time. This is a kind of class oppression, which leads to Aunt Yun's fear of housekeepers in her heart. Although the facts are clear, the judge is asked to consider the real situation and handle it as appropriate. ”

Butler: "The information doesn't say that she closed the door or didn't close the door." ”

Yun Yin said: "No one has proved that she closed the door or not, she said that she forgot to close the door, that is, she forgot to close the door." ”

Cao Yun looked at Yun Feiyang, Yun Feiyang nodded, and Cao Yun said: "This is considered a pass, the following is civil liability compensation, and the housekeeper proposed two million compensation." ”

Yun Yin said: "The law says that everyone is equal. What does the uncle's proposal for 2 million compensation mean? It means that the children of rich families are more valuable than the children of poor families? This not only violates the spirit of the law, but also violates the spirit of preemptiveness. I have two similar cases that have been adjudicated this year, one is that a teacher took a child on a trip, and a naughty child left the team without authorization and fell into the water and drowned, and the final judgment was that the school compensated 500,000 yuan. ”

Yun Yin said: "According to this case, Yun Feiyang should compensate 500,000 yuan. ”

Yun Feiyang: "Little rabbit, you dare to say it again." "Refers to his own name.

Yun Yin: "Bailiff, someone threatened the defense lawyer. ”

Yun Feiyang: "Okay, okay, you're amazing, I'll go back and settle accounts with you." ”

Yun Yin said: "In the second case, the bus driver braked suddenly, causing an elderly man to fall from his seat and die after rescue efforts failed. It was determined that the bus driver was not responsible, and that his operation at that time was to avoid danger in an emergency. In the end, the bus company will be responsible for the funeral expenses of the deceased, and the deceased's family will be humanely subsidized with 10,000 yuan. Money...... Or are the clouds flying out of you, do you hear me?"

The housekeeper disagreed: "It is understandable that the teacher and the bus driver are not responsible, they did not operate in violation of the law. What does the nanny have to do with this, what does it have to do with the master?"

Yun Yin said: "Aunt Yun is employed by Yun Feiyang...... Wow, it's a good mood......"

Yun Feiyang: "......"

Yun Yin: "Aunt Yun takes care of your children, which is a job agreed by the employer, and Aunt Yun made a mistake in the work, resulting in losses...... No, Aunt Yun didn't make a mistake...... Due to your phone call, uncle, it objectively caused Aunt Yun not to perform her job well, and the losses caused by it were naturally compensated by the employer, that is, Yun Feiyang. It's very simple, Baoyun Company, a bodyguard in protecting the employer, unintentionally broke the employer's antique vase, and the company paid on behalf of the company. The bodyguard only deducts the bonus for the month as punishment. Aunt Yun, your bonus this month is gone. ”

Yun Feiyang looked at Cao Yun: "Lawyer Cao, how do I feel that something is wrong, but I can't say it." ”

Cao Yundao: "He secretly changed the concept, and the two cases are not comparable with this case." A good example is a case last year in which a female student who hired a fitness instructor to teach one-on-one died suddenly during training. The girl did not explain to the coach that she had a bad heart. But she is right, as a fitness instructor, she has an obligation to understand the physical condition of the students. Originally, the gym was going to lose money, but the gym had clear work regulations that required the coach to understand the basic physical condition of the students. Similar to this case, a fitness instructor cannot treat a student as a healthy ordinary person without understanding the student's body. The defendant in this case could clearly and accurately determine that the deceased was a person who was incapable of protection. "The deceased was three years old.

Cao Yun: "Fitness coaches don't understand the health of their students because of work mistakes or self-confidence, and treat them as ordinary people. The defendant knew about the child's situation but treated him as an ordinary person, and both had the same consequences. Strictly speaking, the fitness trainer is less liable than the defendant. Therefore, the defendant in this case is 100% responsible, and there is no escapability. ”

Cao Yundao: "As for employers and employees, just like the waiter of a hot pot restaurant splashing hot pot on a guest, this is the personal behavior of the waiter, and has nothing to do with the owner. The teacher's case is different, the teacher is performing the teaching work of the school, and there is an accident in the middle of the accident, which is not under his control, and he is not responsible. The school is responsible, strictly speaking, only part of the responsibility, not all of the responsibility. It is estimated that the school took into account the feelings of the child's parents, so it did not defend it in this regard. Not to mention the bus driver, he has the need for emergency braking, the bus company has not violated any regulations, the old man is not at fault, everyone is not at fault, and the final negotiation of humanitarian subsidies is a reasonable judgment. ”

Cao Yundao: "At least in this case, Yun Yin is still more attentive. Of course, the real court is a quibble. ”

Yun Yin said: "Anyway, that's how it is, I can quibble a little bit." There is no defense point in this case at all. "Dissatisfied, unfair, this is a case that must be lost.

Cao Yun: "Yes, the pool of the villa owned by your father is designed with deep and shallow water areas, and your father and the housekeeper have no objection to the children playing in the pool, and the housekeeper and your father themselves lack safety considerations." In addition, they knew that the defendant could not swim, so there were huge problems in the allocation of personnel and the design of the pool. The defendant nanny is on the weaker side, and she does what the housekeeper and your dad tell her to do. The main cause of death of the child in this case was not because the nanny left him, but because the child entered deep water. Excuse me, the babysitter is watching over the child, and the child is swimming to the deep water, can the babysitter save him? No, because the babysitter can't swim. ”

Cao Yun: "You have to shift the responsibility, you can't acquiesce to the defendant who caused the child's death." ”

Yun Feiyang thought for a while: "It sounds like it's really my fault and the housekeeper." Children should not be allowed to play in the pool, deep water areas should not be designed, and nannies who cannot swim should not be allowed to supervise children playing in the pool. ”

Cao Yun said: "On the other hand, the nanny knows that she can't swim, knows the difference between deep water and shallow water, and knows that she can't save her child when she enters deep water." But she didn't do a good job of preventing the child from entering the deep water, and the responsibility lies with the nanny. ”

Aunt Yun said: "I understand, whose lawyer will say that whoever wins, right?"

Cao Yun smiled and nodded: "This is also the reason why there is a huge gap in the income of lawyers. ”

Yun Feiyang said: "For the first time, I am glad that I am a rich man and can afford to hire a good lawyer...... Lawyer Cao, if it is convenient, go back and ask Gao Shanxing to contact me, there are many legal disputes in Baoyun Company, and some cases and disputes, it is not convenient for our company's legal department to come forward to deal with them. ”

Yun Feiyang understands very well that if he is his own lawyer, it is not convenient to say a lot of things, which will make Baoyun lose a certain reputation. However, for some cases, it must be said that hiring a third-party law firm is a good choice.

Cao Yun thanked him repeatedly: "Thank you, uncle." ”

Yun Feiyang looked left and right: "Where's your girlfriend?"

Cao Yundao: "Basking in the sun by the backyard pool. ”

"Tell her to come along, tea time. ”

Afternoon tea, happy and happy, two hours before dinner, Ye Lan was a little tired and went to the guest room to rest temporarily. Yun Feiyang asked Cao Yun to accompany him to write calligraphy.

Yun Feiyang wrote the word forbearance: "Forbearance is a kind of culture, some people say it is dross, some people say it is the essence." ”

Cao Yun looked at the words next to him: "Look at the uncle's forbearance but not revealing it, it's not forbearing, but I don't want to care, and there is nothing worth caring about my uncle." It seems to be forbearing, but it is actually tolerant. ”

Yun Feiyang: "Haha, this word is actually not that profound, but you are very good at figuring out other people's thoughts." I can read that you are just complimenting and pandering to me because of Yun Yin, and for this reason, your compliments are still very useful. "On behalf of Cao Yun, he attaches more importance to Yun Yin's friend, so he compliments Yun Feiyang.

Cao Yun was ashamed: "Ginger is still old and spicy." ”

Yun Feiyang: "Didn't your dad look for you?"

"Huh?"

Yun Feiyang continued to write: "I know your father, he is not a good husband and father, he is a person with ideas and ambitions. However, you have some misunderstandings about him, thinking that he joined the Grand League for the purpose of glory and wealth. ”

Cao Yun: "Actually?"

Yun Feiyang: "Money must be wanted, what can you do without money?" I hate my neighbor so much that I want someone to smash his window, and I'll pay a hundred dollars for someone to do it. The police caught it badly, and the people of a hundred yuan did not take risks. I'll give two hundred, three hundred. This is the market, as long as there is room for market operation, there will be people to do it. There are a lot of outlaws in this world. There are also people who would rather die rich than live poor. The same is true of crime, and premeditated crimes are usually for profit. ”

Yun Feiyang: "In the final analysis, many criminals are service providers, but they are service providers who break the law, and some criminals have no bottom line, betray their employers, and threaten their employers. Some criminals are incapable and not only fall into it themselves, but also affect their employers. Your dad discovers what he believes to be the truth, that sin cannot be eradicated. In this case, he wants to integrate criminal resources, and the Grand Alliance is his active platform. ”

Cao Yun asked, "Integrate criminal resources?"

Yun Feiyang: "The first one: the big fish eat the small fish, and the small fish are not allowed to have room to survive, which makes the crime rate and crime objects exist at the top and reduces the criminal chaos at the bottom." Just like you go the route of a high-end law firm, less is more money. Article 2: Unified management, after the integration of criminal resources, unified management of criminal resources, set rules, and impose certain restraints on offenders. Avoid their bottomless evil. Article 3: Extinguishing evil, in the legal terms, there are different charges for criminals, and in the eyes of the public, there are different crimes. Heinous crimes are sometimes disgusting to the whole population, but they are insignificant in the eyes of the law. On the contrary, some people think that minor crimes are severely punished by the law. ”

Yun Feiyang said: "There are some things that the Grand Alliance does not do, and this is to destroy evil. In the past five years, the situation of international human trafficking has improved dramatically, which is directly related to the big leagues. They offer a reward for annexing the trafficking gang, and if they want to say that they are doing good deeds, they are also thinking about the development of their own alliance interests. ”

"Uncle, you know a lot. ”

Yun Feiyang smiled: "Without him, during your disappearance, I went to Singapore to attend the seventieth birthday of an old friend, and your father happened to be in Singapore, we met by chance, and we chatted." ”

"Chance encounter?" Cao Yun didn't believe it.

Yun Feiyang said: "Hehe, it's your father who is looking for me for something." Depending on the situation, something will happen in Dongtang recently, and your father and I will talk about topics like bodyguards. What he meant was that hopefully there was an unwritten 'before' rule between the bodyguard and the killer. It is understandable that the bodyguard protects the employer, but after the death of the employer, it is hoped that the bodyguard will call the police instead of chasing the culprit. Similarly, the killer target is the employer, do not intentionally injure the bodyguard, and consider the life safety of the bodyguard in appropriate circumstances. I myself quite agree with this rule. So this month, the bodyguards conducted a shift training, and the focus of the training was this. It is up to the lawyer to explain the responsibilities of the bodyguard, the obligations of the bodyguard and the rights and interests of the bodyguard, and implement this rule. ”

"Doesn't sound very kind. ”