Article 501 Appeal at court

'Hula!'

When the judge's voice fell, several bailiffs rushed up and directly took Yang Tao and them away from the trial scene, and the judge looked at me: "Your name." ”

"Han Fei. Seeing that I was the only one left in the huge dock, I answered naturally, although I was panicking.

"Next, I would like to ask the prosecutor to read out the indictment against Han Fei. ”

When the staff of the procuratorate sitting in the plaintiff's seat heard this, they directly stood up and read out the indictment against me: "Public Indictment: Yao Jian Xing Su Zi No. 201X No. 013. Defendant Han Fei, male, 21 years old, from Anyang City, high degree of Chinese, staff member of Yipincheng Hot Spring Resort in Longcheng Town, Yaoping County, Anyang City, current address is Yipin Hot Spring City staff dormitory, has been administratively detained for 15 days for gathering a crowd to fight, no criminal record, on June 17 this year, Han Fei was arrested by the criminal police team of Longji County, Fengcheng City, for the crime of intentional injury, and later transferred to the Yaoping County Public Security Bureau, on June 18 of the same year, he was detained by the Yaoping County Public Security Bureau, and on June 28 of the same year, he was arrested with the approval of the Yaoping County Procuratorate.

Han Fei's defender is: Shang Junwen, lawyer of Zhaoyang Law Firm in Anyang City, Tel. 130XXXX8823

The case of the defendant Han Fei's intentional injury, which caused serious injuries to the victim Liao Fanfan and caused a grade 10 disability, was investigated by the Yaoping County Public Security Bureau and transferred to our court for review and prosecution.

After examination, it was confirmed that the defendant had the following criminal facts:

At noon on the same day, the defendant Han Fei took his co-defendants Yang Tao, Zhao Huaiyang, and Zhou Tong, as well as Mao Dawang and Shi Yigang, who had nothing to do with the case. The victim of the robbery case has been dealt with in a separate case), the six people went to the farmhouse restaurant on the old industrial street in Longcheng Town, and started a theory with Liao Fanfan, during which the two sides had a dispute, Han Fei stabbed Liao Fanfan in the left face with a spoon, and threatened Liao Fanfan, that night, Liao Fanfan, out of revenge, led people to surround Shi Yigang, who went to buy building materials, and two workers at the construction site, and Shi Yigang was seriously injured, and the other two workers were slightly injured and seriously injured, one of them was identified as a grade 10 disability, after Shi Yigang was injured, Han Fei has always held a grudge against it, and deliberately retaliated against Liao Fanfan。

At 1 o'clock in the morning on May 16, after Han Fei learned the news of Liao Fanfan, he led Yang Tao, Zhao Huaiyang, and Zhou Tong to the demolition area of the family courtyard of the second grain depot in Longcheng Town. 5 cm, 4.5 cm wide) and four circlip knives (11.3 cm long, 2.5 cm wide), at 2:45 a.m., after the four people found Zhao Huaiyang in the ruins, the two sides clashed, during which Han Fei stabbed Du Shuhao next to Liao Fanfan with a knife, Liao Fanfan shot at Han Fei with a homemade shotgun that had been prepared, and after the second shot was blown up, he took out another prepared *Hunting gun (commonly known as 'sand troll') to shoot at Han Fei, during the fight, Han Fei captured Liao Fanfan's * Hunting gun, and together with the second defendant in this case, Yang Tao, used a knife to cause multiple open wounds on Liao Fanfan's body, and the third defendant in this case, Zhou Tong, and the fourth defendant Zhao Huaiyang, also slashed the rest of the people with knives, Han Fei hit Liao Fanfan to the point of incapability, continued to return, made up a knife on Liao Fanfan's hand, cut off the ring finger and little finger of Liao Fanfan's left hand, and then led people to escape.

Liao Fanfan was sent to the hospital and escaped after being rescued, and the hospital diagnosis proved that: 1. A 1.5 cm horizontal wound on the left side of Liao Fanfan's face and punctured the left palate. 2. Liao's 3.5 cm wound on the right upper abdomen punctured the chest wall, and there was no damage to the abdominal viscera. 3. Two fingers of the left hand are missing, and 37% of the hand function is lost after being connected, reaching the level 10 disability standard.

ANOTHER VICTIM, DU SHUHAO, HAD A 7 CM WOUND IN THE LOWER PART OF THE STERNUM, PENETRATING THE CHEST WALL, PUNCTURING THE UPPER AND MIDDLE LOBES OF THE RIGHT LUNG, PERICARDIUM AND RIGHT ATRIUM, WITH A HEART WOUND OF ABOUT 0.8 MM, AND ACTIVE BLEEDING WAS SEEN AFTER THE OPERATION, WITH INTRATHORACIC HEMORRHAGE OF 1200CC.

The facts of the crime described above are supported by the victim's statement, witness testimony, on-scene inspection report, hospital diagnosis certificate, appraisal conclusion, etc., the facts are clear, the evidence is credible and sufficient, and it is sufficient to make a determination, and should be severely punished.

This court is of the opinion that the defendant Han Fei deliberately committed revenge because of his personal revenge, and the means were heinous and the circumstances were serious. His conduct has violated Article 234 of the Criminal Law of the People's Republic of China, constituting the crime of intentional injury, and shall be severely punished in accordance with law.

In order to maintain public order and protect the personal rights of citizens, we hereby file a public prosecution with your court, and request that you be severely punished in accordance with the law......"

After listening to the prosecution's indictment, my mind was stunned, my focus has been on Liao Fanfan during this time, I didn't expect that another person who was stabbed by me would be so badly injured, and the word "severe punishment" was mentioned more than once in this indictment, don't think about it, the procuratorate here must also have something to do with the people on Fang Devil's side.

After the people from the procuratorate read the indictment, the judge looked at me: "Han Fei, do the facts alleged in the indictment exist?"

I turned my head to look at Shang Junwen beside me, and after seeing him nodding, I responded, "Exists." ”

"Do you think the prosecution is guilty of the charges against you?"

"Presiding Judge, I have an opinion!" This time, before I could speak, Shang Junwen spoke.

"Please state your reasons. ”

"May I ask my client, did you go to the ruins of the Second Grain Depot Family Courtyard to look for Liao Fanfan, did you go with the purpose of revenge?"

"No!" was asked by Shang Junwen, and I instantly understood: "When I went to look for Liao Fanfan, he had already robbed and seriously injured my friend Shi Yigang, so I went to Liao Fanfan, just to catch him and hand him over to the local public security organ." ”

"I'm against it. The person from the procuratorate on the other side didn't wait for me to finish speaking, and directly interjected: "May I ask the defendant, if you really want to send Liao Fanfan to the local public security organ, why don't you call the police directly when you arrive at the scene?"

"......" When I heard this question, I was speechless.

After Shang Junwen saw my embarrassment, he calmly spoke: "Before this, after Shi Yigang, an employee of Yipincheng, was injured, the person in charge of Yipincheng reported the case to the local public security, but the murderer Liao Fanfan did not arrive at the case for a long time, and the reason why my defendant arrested the murderer on his own was because he didn't know whether Liao Fanfan had internal contact with the local public security organ. ”

After Shang Junwen said this, I suddenly gave a thumbs up in my heart, and dared to directly put my hat on the head of the Longcheng police, this kind of thing can only be said by a lawyer.

After Shang Junwen explained this matter, he continued to speak: "My client went to arrest Liao Fanfan, not in a psychological state of seeking revenge, but in order to successfully transfer Liao Fanfan to the local public security organ, and the harm caused to Liao Fanfan and others later was also because the other party not only had controlled knives in his hand, but also secretly possessed guns, and my client would seriously injure the person opposite, completely out of self-preservation, so I think his actions are in the category of legitimate defense." ”

After listening to Shang Junwen's words, the prosecutor thought for a moment: "Then may I ask the defendant, since you are in the perspective of legitimate defense, why did you go back and cut off Liao Fanfan's two fingers after the fight?

"Ah, that's right, at the scene at that time, Liao Fanfan took out two guns one after another like a trick, I walked a few steps, I don't know if he will take out the third, the reason why he will cut off his fingers, because I am afraid that he will take out another gun and shoot at me. "I can also hear it from Shang Junwen's conversation, and their lawyer's speech is just nonsense, so he explained it completely unreasonably.

As a result, as soon as I finished speaking, Shang Junwen suddenly frowned and shook his head at me.

I looked at Shang Junwen curiously: "What's wrong?"

"Wrong words. Shang Junwen said in a low voice: "From a legal point of view, you 'feel' that he will take out a gun, and you are 'afraid' that he will hurt you, this kind of hypothetical words do not make any sense. ”

"......" After listening to Shang Junwen's words, I pursed my lips speechlessly and fell silent again.

Seeing that we were both silent, the judge looked at me again: "Defendant, do you have any objections to the other statements in the indictment?"

"Nope. "I thought about it for a while, in fact, this indictment is relatively fair, so I didn't dwell on the content above, but when I asked about the crime, I refuted it a little.

"Adjournment!"

After the judge announced the adjournment, I returned to the waiting room with Shang Junwen, and it was the bailiff who was in charge of me, so Shang Junwen lit me a cigarette or something, and he also turned a blind eye to it.

Taking a puff of cigarette, I looked at Shang Junwen, whose face was not very good-looking: "Lawyer Shang, what will be the outcome of my case today?"

"Hanging!" Shang Junwen said very bluntly: "The chain of evidence in your case is too clear, as long as someone wants to rectify you, it must be a whole and accurate, I guess you will definitely not be able to get out today, but it doesn't matter, after all, our power point is not here." ”

I smiled when I heard this: "Since we are not going to carry out my final verdict here, what are you arguing with them just now?" ”

"This is the first trial, so some things have to be fought for here, and the lighter the verdict here, the greater the chance that you will be given a suspended sentence in the second trial. Shang Junwen smiled: "When you go back in a while, you don't have to say anything, just wait to be judged!"

In the following time, Yang Tao, Zhao Huaiyang, and Zhou Tong took turns in court, and it was not until after 11 o'clock at noon that I was called back to the courtroom again, this time not only myself, but the three of them were also pouting in the defendant's seat.

When I returned to the courtroom again, I also listened to Shang Junwen's words, and I didn't even make the defendant's final statement, and waited directly for the verdict to be announced.

'Knock knock!'

"Silence!"

"It is now announced that the verdict of the trial of the Yaoping County Procuratorate for the prosecution of Han Fei, Yang Tao, Zhou Tong, and Zhao Huaiyang on suspicion of intentional injury is as follows:

Han Fei, the first defendant in this case, ...... on May 14 The facts of the crime were clear, and the prosecution was convicted of intentional injury and sentenced to four years and six months in prison, and the prison for serving his sentence was Beizhen Prison in Jinzhou City.

The second defendant in this case, Yang Tao, was convicted of intentional injury and sentenced to three years and two months in prison, and the prison for which he served his sentence was Lingyuan City No. 5 Prison.

The third defendant in this case, Zhou Tong, was not convicted of intentional injury and was sentenced to one year imprisonment with a two-year suspension for the crime of picking quarrels and provoking trouble.

The fourth defendant in this case, Zhao Huaiyang, was not convicted of intentional injury and was sentenced to one year imprisonment with a two-year suspension for the crime of picking quarrels and provoking trouble.

……”

After listening to the judge's trial result, I was mentally prepared to a certain extent, but I still couldn't help but tremble for a while, because the result of this trial had been determined, and once there was a mistake in the second trial in the future, my youth of almost five years would be confessed to prison.

'Stomp!'

After the judge announced the outcome of the trial, several court staff came directly with the trial book and receipt, and began to ask us to sign.

Seeing the incomparably terrifying sentence of more than four years on the trial book, I immediately raised my head: "I ask for an appeal!"