Chapter 53: Unparalleled in Dialectic

Xue Dong tilted his head sideways, looked at Li Chao with a mocking expression, and said proudly in his heart, "Didn't you say that Li Renyong violently committed a robbery, now that he has been slapped in the face, he is completely voluntary." ”

Li Chao did not give in, and righteously issued a cross-examination opinion: "For the first set of evidence, the defendant is guilty of generalizing and confusing concepts. Five of the 42 men in the video admit that they are GAY, have sex with the defendant of their own free will, and allow the defendant to take their nei clothes. That's just the opinion of 5 out of 42 men on the matter. The other men's sexual orientation is normal, and they will never accept Li Renyong's sexual assault. The sexual orientation of these five men cannot be generalized and the rest of the men are voluntary. ”

Moreover, the defendant repeatedly emphasized that the defendant took the clothes because he had a hobby of collecting clothes and had no intention of illegally taking possession of the clothes. Here, I would like to remind the opposing defender that he has made the mistake of confusing concepts. Illegal occupation refers to the situation where another person's lawful property is illegally charged, used, or disposed of by a third party. The defendant robbed the victim of the lawful property and clothing, and the clothing was out of the victim's control, and the defendant illegally took possession of the crime, and the robbery was completed. ”

"The defendant snatched the clothes and used them for collection to satisfy his hobby, which in itself was one of the ways to use and dispose of the victim's lawful property. The use and disposal of property is not only limited to buying and selling or directly using property for oneself, but also collecting and viewing is also one of the ways to dispose of property. Thus, it can be seen how ridiculous it is for the opposing defender to make the mistake of confusing the concept and insist that the collection is not illegal possession. ”

"In this case, the defendant had the purpose of intentionally and illegally taking possession of the victim's clothes, which constituted the crime of robbery. In the video, we can clearly see the scenes of their painful resistance and struggle. The defendant used violent means to forcibly sexually assault and photograph the remaining 37 men, and after the injury, the victims did not dare to resist, and then snatched NEI's clothes and other victims' belongings for collection, which completely constituted the crime of robbery. Therefore, we believe that the probative content of the first set of evidence is not valid. ”

"With regard to the second set of evidence, the defendant's desire for civil compensation just proves that the defendant also recognized that his violent sexual assault and shameless filming caused physical harm and mental coercion to the victim, and that he wanted to use civil compensation to eliminate the accusation despite legal sanctions. It can be seen from this that the defendant did use violence and coercion to snatch the clothes of the victim Wang Xudong and many others, which meets the four elements of the crime of robbery. The victim insisted that the defendant had committed a criminal offense and was not private with him, and requested that the defendant be sentenced to death for robbery in accordance with the law, which was reasonable and lawful, and met the sentencing standards, and requested the court to support the victim's claim! ”

Li Chao said sonorously and forcefully, the victim nodded frequently when he heard it, Wang Xudong looked at Li Chao excitedly, and was greatly encouraged in his heart, "Lawyer Li Chao just won't let me down." “

"This is the end of the court investigation, and now we will enter the court debate stage, where the parties will express their arguments around their own claims and the focus of the dispute in this case, and the public prosecutor and agent ad litem will first express their argument opinions in turn."

When the debate session arrived, the eager light in Li Chaolang's eyes flashed, and he secretly prepared in his heart to completely defeat Xue Dong face-to-face in the debate session.

Xue Dong is a scheming man, not only humiliating himself again and again, but what makes Li Chao even more unbearable is that he covets the beauty of his senior sister and harasses his senior sister repeatedly. Such a person must return a tooth for a tooth, blood for a blood, completely defeat him, and drive him away from the best law firm and from his senior sister!

It was Li Chao's turn, and Li Chao said loudly with great righteousness: "Respected presiding judges, judges, and people's assessors, as the victim's agent ad litem, I would like to express the following debate opinions. 1. The defendant constituted the crime of robbery, the facts are clear, and the evidence is sufficient. During the court investigation stage, the opposing defender repeatedly claimed that sexual assault of a man was not a crime, and that taking away the clothes was a continuation of the sexual assault on a man, and that the same legal relationship was the same. Here, I would like to point out in particular that the division of the legal relationship between the opposing defenders is purely wrong. In this case, it is clear that there are two legal relationships. Sexual assault on a man is a legal relationship, and because the law does not stipulate that it is a crime, we have not brought any charges. After sexually assaulting a man, snatching the victim's legal property nei clothes, this is the second legal relationship. ”

"In particular, we point out that the second legal relationship constitutes the crime of robbery! According to article 8 of the "Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Robbery", with regard to the determination of the number of robbery crimes, where the perpetrator commits criminal acts such as injury or robbery, and the victim is not unconscious, taking advantage of the victim's inability to resist or dare not resist, and temporarily intends to rob others' property, the punishment for the specific crime and the crime of robbery committed before shall be combined with the punishment for the crime......"

"The facts of this case are fully in line with the provisions of this article, after the defendant violently sexually assaulted, the victim did not dare to resist because of the violent injury, and was unable to resist for fear of being mentally coerced by the exposure of the forcibly taken indecent video, and the defendant robbed the victim's lawful property under such circumstances, and the injury caused by the defendant's violent sexual assault on the victim in the first legal relationship was a minor injury, which did not meet the conviction standard for the crime of intentional injury, but in the second legal relationship, the crime of robbery was established and should be punished."

"2. The defendant has committed a robbery at home, has robbed many times, the circumstances are heinous, the social danger is great, and the consequences are severe, and he should be sentenced to death! The space where the defendant committed the robbery was indoors, which was a burglary. In addition, the defendant committed robbery against a total of 37 men, constituting multiple robberies. ”

"In accordance with the provisions of article 263 of the Criminal Law of the People's Republic of China, whoever robs enough public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; In any of the following circumstances, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given, and a concurrent fine or confiscation of property is to be given: (1) Burglary...... (4) Multiple robberies or robberies of large amounts......"

"The defendant in this case is a burglary and multiple robberies, and there are two statutory aggravating circumstances. And the criminal methods are extremely bad, and the purpose of robbery is achieved through guò sexual assault, and the social danger is great, causing the victim Wang Xudong to almost commit suicide, and the consequences of the crime are severe. ”

"Therefore, based on the facts of the crime, the nature and circumstances of the crime, and the danger to society, we sentence the defendant to death!"

Li Chao's voice of justice is like Hong Zhong Dalu, deafening. The victim's eyes were so hot that he raised his head with excitement and was very happy.

For the first time, panic flashed in the unruly eyes of the defendant Li Renyong, and he finally felt the powerful power of justice, and he couldn't help but tremble with fear in the depths of his soul.

Xue Dong's fat face became a bitter gourd face, and Li Chao's arguments were well-founded, reasonable, and legal, making him feel impeccable!

In fact, Lee In-yong's crime is so heinous! But in order to win the gambling contract and compete for fame and fortune, Xue Dong ignored the facts and decided to continue to argue for Li Renyong.

Xue Dong will never allow himself to fail!

……

Thanks for the indifference one qiē 100 tip! Thank you all for your support! Keep asking for receiving, pushing, and rewarding!