Li Chao immediately retorted-for-tat: "The defender deliberately confuses the two concepts of criminal attempt and criminal suspension. In this case, Huang Yifeng is a typical attempted rape crime! ”

"Huang Yifeng had already planned to sexually assault the deceased Liu Feiya, and took specific criminal actions, asking Liu Feiya to drink and getting him drunk. Then take advantage of the opportunity to go to the toilet to commit the crime. But Liu Feiya fiercely resisted and grabbed Huang Yifeng's shirt buttons, and Huang Yifeng was afraid that the movement would be too big. Temporarily stopped, then followed Liu Feiya into the bathroom and continued to commit the crime. ”

It was only when the victim resisted violently and climbed onto the windowsill to threaten him with death that Huang Yifeng stopped again. All this fully shows that Huang Yifeng wanted to commit the crime of rape, but the victim resisted fiercely and did not succeed, which is a typical 'desire but inability', and the failure to succeed due to reasons other than the will of the criminals should be regarded as an attempt to commit a crime. It is not at all the 'ability but not desire' as the defender argues, and it does not belong to the suspension of the crime. ”

"And please pay attention to Huang Yifeng's bad behavior, attacking his own students one after another, wantonly killing the flower girl. The consequences of his crime were extremely severe, and Liu Feiya was forced to die in order to resist sexual assault, and fell from the building in panic. In accordance with the provisions of Article 236, Paragraph 3, Item 5 of the Criminal Law of the People's Republic of China, a person who forcibly rapes a woman or rapes an underage girl in any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death...... (5) Causing serious injury or death to the victim or causing other serious consequences. Taking into account factors such as the subjective malice of Huang Yifeng's crime, the consequences of his crimes, and the heinous impact, I believe that he should be sentenced to life imprisonment. ”

Li Chao's words made Lao Liu and other victims' families indignant, and Lao Liu immediately followed up and demanded that Huang Yifeng be severely punished.

The trial proceeds to the closing argument stage.

Li Chao looked at Huang Yifeng and made a final statement sonorously, "Respected presiding judge, judge, people's assessor, the victim Liu Feiya is an 18-year-old female college student, in the prime of her youth, sweet in appearance, simple in personality, with the beautiful dream of a girl to be a flight attendant, far away from her hometown to study in Shenpeng. ”

"Unexpectedly, the school I attended was not well managed and did not fulfill my responsibilities to the students. What's even more tragic is that he met a teacher with a human-faced beast heart. Teachers who teach and educate people should teach morality, but Huang Yifeng, as a teacher, has no shame, first seducing the student Chen Yan and raping him, and then stretching out his claws to Liu Feiya, deliberately getting drunk, and committing rape ......"

"The simple girl faced the invasion of the clutches of the devil, and she was forced to die to keep her chastity. But because of Huang Yifeng's shamelessness, he finally fell to his death in terror. The girl like a flower withers in an instant, and the happy family is shattered in an instant. The girl's mother suffers from heart disease and is still happily waiting for her daughter to come home for the New Year reunion during the winter vacation, but she does not know that her daughter will never return. ”

"Such a tragedy was carried out by the defendant Huang Yifeng, who, as a teacher, successively attacked his own students, carried out acts of rape and rape, and directly led to the death of Liu Feiya, the circumstances were heinous, and the consequences of his guidance were severe, and the impact caused by it was extremely bad, and it had a great impact on normal social order."

After committing the crime, Huang Yifeng did not show the slightest remorse, flatly denied the crime, and tried to evade the punishment of the law. If it is not punished severely, it is likely to cause greater harm to society. ”

"For this reason, we believe that Huang Yifeng committed the crime of rape and should be sentenced to life imprisonment! I ask the court to support our view. ”

"In addition, the defendant Huang Yifeng's criminal act led to the death of Liu Feiya, and he should be compensated for various losses totaling 1.085 million yuan in death compensation, funeral expenses, transportation expenses, and lost work expenses in accordance with the law."

"Attached civil defendant X vocational and technical school, there have been murders one after another this year. In early May, Xiao Song, a 28-year-old female teacher, was found naked floating in a pond on campus. After an autopsy, it was found that Xiao Song had been sexually assaulted and raped and killed before his death. In mid-August, a student cadre from Chongqing Province jumped off a building and died instantly. And Liu Feiya, who was led out by the teacher to 'eat', is the third life. ”

"There are one death after another, and there must be a problem with the management of the X vocational school. In this case, the school was mismanaged, failed to fulfill its due management responsibilities, and when Liu Feiya's family dealt with the aftermath, they spoke ill of each other, deliberately made things difficult, shirked responsibility, and caused severe mental harm to the victim's family. We demand compensation from X Vocational and Technical School, a written apology to the plaintiff, and compensation for part of the economic losses and moral damages. ”

"I request that the court support our request for a civil lawsuit attached to a criminal case!"

Both sides stated their final opinions, and the judge announced a 15-minute adjournment, and the collegial panel deliberated before announcing the verdict in court.

After deliberation, the judge rang the gavel and announced majestically: "After the trial, it was ascertained that the defendant Huang Yifeng and the victim Liu Feiya had a teacher-student relationship. The defendant had a corrupt character and had a previous conviction of seducing * a female student. Seeing the victim's beauty, he had malicious intentions and deliberately raped the victim. He pretended to invite the victim to drink with other teachers and classmates, deliberately drunk the victim at the wine table, and took advantage of the victim's toilet to commit the crime of violent rape. The defendant attempted to leave the toilet and the victim fell to his death due to shock and drunkenness.

After deliberation, the collegial panel unanimously held that the facts of the crime charged by the public prosecution against the defendant were clear, the evidence was sufficient, and the charges were established. Defendant Huang Yifeng and defendant X Vocational and Technical School in the attached civil lawsuit should compensate Liu Feiya for the losses caused by her death. On the basis of the facts, nature, and circumstances of the defendant's crime, as well as the danger to society, the defendant's sentencing is to be comprehensively considered. Accordingly, in accordance with the provisions of Article 236, Paragraph 3, Paragraph 5 of the Criminal Law of the People's Republic of China, and the provisions of Article 17, Paragraph 3, Articles 27, 29 and 35 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the judgment is as follows:

1. Defendant Huang Yifeng committed the crime of rape and was sentenced to life imprisonment;

2. Defendant Huang Yifeng shall compensate the plaintiff for economic losses in the amount of RMB 585765, which shall be paid within 10 days after the judgment takes effect;

3. The defendant X vocational and technical school in the attached civil lawsuit shall publicly apologize to the plaintiff in writing and compensate the plaintiff for economic losses and spiritual solace totaling 400,000 yuan, which shall be paid within 10 days after the judgment takes effect. ”

After the court was announced, Lao Liu immediately raised his head to the sky and howled, crying and howling: "Daughter, you can rest in the spirit of heaven." Mr. Li has helped you get justice! ”

After the depression and grief in his chest were vented, Lao Liu held Li Chao's hand tightly and wept silently, so moved that he couldn't even speak. Li Chao hurriedly comforted Lao Liu, to mourn, people cannot be resurrected after death, and they must look forward.

The rest of the family members of the deceased also burst into tears one by one, and expressed their gratitude to Li Chao again and again, "Lawyer Li, if it weren't for you, the child would have died an unknown death, and it would be difficult to get even compensation, you are really a great benefactor of our family!" ”

"Lawyer Li, you helped Fia get justice, you are really a good lawyer!"

"Lawyer Li, don't say much gratefully, if you have any instructions in the future, we will go out to help you do it, which is not enough to express gratitude." ……

Even the defender Zhang Lianghan walked up to Li Chao after the verdict was announced, stretched out his hand, and praised with a smile: "Lawyer Li Chao, he is outstanding at a young age. The ideas are used freely, and the debating skills are endless, so there will be more exchanges in the future. ”

Li Chao held Zhang Lianghan's hand, smiled slightly, and said modestly: "Lawyer Zhang is worthy of being a barrister, his arguments are sharp and effective, and his arguments are spicy and pertinent, I should learn more from you." ”

Zhang Lianghan admired Li Chao's non-arrogant and impatient attitude, and smiled and agreed to contact and communicate more in the future.

Unlike the excitement and relief of the deceased's family, Huang Yifeng collapsed to the ground in fear as soon as he heard the verdict, and was dragged down by two bailiffs on duty.

Looking at Huang Yifeng, who was staring at his eyes and curled up like a dead dog, Li Chao glanced indifferently and said lightly: "No matter how cunning you are, you can't escape the punishment of the law." Justice may be late, but it will never be absent! ”

……

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