Chapter 170: Just Judgment
At the last moment of the trial, Yao Lianhua cried and expressed her final opinion: "I regret killing Ye Tianlong, I still have four children, the youngest child is only four years old, and I need to take care of it, I hope the judges can judge me fairly." △ ↗ Top Novel, www."
Tears wet Yao Lianhua's clothes, but Yao Lianhua ignored it and looked at the presiding judge pitifully.
The presiding judge, Meng Qingge, struck the gavel and solemnly announced: "Now the court will be adjourned for an hour, the collegial panel will deliberate, and after the deliberation, the collegial panel will announce the verdict in court. ”
It's great that the verdict has to be pronounced in court, and the final verdict will be known in an hour!
Presiding Judge Meng Qingge, Judge Yuan Rou, and People's Assessor Yan 13 went to the deliberation room to discuss the case. Yao Lianhua was escorted to the waiting room by the bailiff on duty. Xu Ling had to sue Yao Lianhua due to the constraints of her duties, and when the court adjourned, she went to the lounge with a complicated expression to wait for the final verdict.
The collegial panel is deliberating on this case, and the verdict will come out soon.
The crowd immediately became excited, discussing the case aloud and speculating on the final verdict.
"How will the judges decide this case?"
"If I were a judge, I would definitely sentence Yao Lianhua lightly, and I would sentence her to three years."
"Yao Lianhua is really pitiful, and it is appropriate to sentence her to three years."
"Either way, I insist that the court will give a lenient sentence." ……
Shanruo and Li Chao looked at each other with a smile, today's trial is like water, and the final result will definitely be no worse.
Yao Lianhua's parents walked over tremblingly, Yao Lianhua's mother strode forward and said to Li Chao and Shanruo: "I really thank the two lawyers, today's trial is so powerful, I have told my daughter all the grievances for so many years, my daughter is really ...... Woohoo......"
As she spoke, the old lady couldn't help but cry bitterly when she thought of her daughter's suffering.
"Auntie. This is what we should do. Shanruo hurriedly got up and went to comfort the two old men.
After some persuasion, the old man stopped her tears, and her face was wrinkled thick folds because of worry, and she asked excitedly and expectantly: "Two lawyers, let's give us an explanation, how will my daughter be judged?" ”
Shanruo and Li Chao glanced at each other, and they didn't know how the collegial panel would decide, and the best result was, of course, a three-year prison sentence. However, there are still question marks over whether the collegial panel has such boldness.
After all, Yao Lianhua killed Ye Tianlong and committed intentional homicide. Three years is the minimum sentence for less serious cases, and the collegial panel certainly did not dare to directly sentence it to only three years out of prudence.
Li Chao's proposal for a three-year prison sentence is also a technique of the defense lawyer, deliberately lowering the sentence so that the collegial panel will think of the defense opinions when sentencing, which will be more or less affected, and thus shorten the sentence.
Li Chao explained to the two old men: "We have all said that Yao Lianhua should be lenient and mitigated. also fought for Yao Lianhua. I am confident that the collegial panel will listen to these opinions and make a fair judgment. ”
The old man was not satisfied with this answer, she wanted a definite sentence, and then asked, "Lawyer Li." How many years do you think you will be sentenced? ”
Looking at the old man's eager look, Li Chao didn't want the old man to worry blindly, so he directly gave a range: "The life imprisonment complained by the prosecution is definitely not so severe." Refusal to be sentenced to life imprisonment.
Three years in prison is too little, and we bring it up just like doing business, and cutting a little harshly when bargaining. But the court cannot only sentence it to three years.
According to the facts of this case, Yao Lianhua committed a relatively minor crime and should be sentenced to between three and ten years in prison. As for the specific number of years, this is decided by the collegial panel. ”
When the old man heard that it was between three and ten years, he nodded with satisfaction, and said with tears in his eyes: "Oops, this is already the best result we can think of, thank you two lawyers, thank you two lawyers!" ”
Li Chao and Shanruo hurriedly went to support the two old men, and said with relief: "Don't be busy thanking you first, there is no judgment, every qiē is speculation, let's wait patiently for the final result." ”
The old lady said with an affirmative face: "Eh, eh, I believe in the skills of the two lawyers, you can't be wrong." ”
"Yes, two lawyers, you are amazing, we believe in you!" Yao Lianhua's other family members also echoed loudly beside her.
The crowd was expecting, apprehensive, praying, fidgeting in the courtroom to talk and exchange speculations.
After a long wait, an hour finally passed. Xu Ling came back from the lounge and sat quietly in the prosecutor's seat, today's trial, as a prosecutor, was too stressful, and the trial scene was one-sided sympathy for the defendant Yao Lianhua, and it was not smooth for her to complain on behalf of the city procuratorate.
The defendant Yao Lianhua was also re-escorted into the courtroom, and as soon as Yao Lianhua came in, a pair of eyes hurriedly looked at Li Chao and Shanruo.
Shanruo smiled at her and made an OK gesture to indicate that she was fine. Yao Lianhua was originally restless, but when she saw Shanruo's gesture, she felt very relieved, and stood quietly in the cage.
Looking at this posture, it should be over the collegiate discussion. The audience, who had been talking a lot, suddenly fell silent, and they all looked at the entrance of the courtroom, waiting for the arrival of the presiding judge.
The clerks announced that all of them were standing and welcomed the presiding judge, adjudicators, and people's assessors into the courtroom. Everyone stood up excitedly, looking forward to the final verdict.
The presiding judge rang the gavel and solemnly announced: "Now the trial continues." ”
"After trial investigation, Ye Tianlong and the defendant Yao Lianhua were husband and wife before his death, and the two parties had three sons and one daughter. After the marriage, Ye Tianlong committed domestic violence against the defendant for a long time, and severely harmed the defendant's physical and mental health. In 2007, Ye Tianlong began to have extramarital affairs with other members of the opposite sex, and the relationship between the two husband and wife deteriorated rapidly.
On January 23, 2012, the defendant filed a divorce lawsuit with the Security District Court. On January 24, X, Ye Tianlong threatened the lives of his four children and coerced the defendant to go to room 39007 of the Sheraton Hotel Dongmen alone, pretending to negotiate a divorce.
At about 9 o'clock on the same day, the defendant and Ye Tianlong entered room No. 39007. After entering the room, Ye Tianlong immediately beat the defendant for more than two hours, and the forensic examination determined that Yao Lianhua was beaten with a cracked skull, a concussion, skin burns, severe muscle damage to the back, and facial nerve damage, constituting a second-degree serious injury.
After Ye Tianlong finished the beating, he also threatened, 'I will kill Yao Lianhua in the afternoon'.
Subsequently, Ye Tianlong drank beer and liquor, and fell asleep drunk. At about 12:30 on the same day, the defendant Yao Lianhua, fearing that he would be killed by Ye Tianlong in the afternoon, took the opportunity to smash Ye Tianlong's head with an iron frame in extreme fear, causing Ye Tianlong's skull trauma to death in shock. After Ye Tianlong's death, Yao Lianhua also repeatedly cut the throat of the deceased Ye Tianlong with a rotten beer bottle.
At about 12:50, the defendant told his defense lawyer Li Chao that he had killed Ye Tianlong in full. At about 13:02, defense lawyer Li Chao was entrusted by the defendant to call the police to the Public Security Bureau of the security area and surrendered. ……”
After presiding judge Meng Qingge read out the part of the determination of facts, the next part is the most important part of the reasons for the judgment. Everyone held their breath and opened their ears wide, waiting for the final verdict.
The presiding judge continued majestically: "After trial, the collegial panel held that the defendant Yao Lianhua killed Ye Tianlong with an armed weapon because she could not bear the long-term domestic violence of her husband Ye Tianlong, and his actions constituted the crime of intentional homicide, and the crime charged by the public prosecution was established.
However, based on the confession of the defendant Yao Lianhua, the testimony of witnesses Wu X, Yan XX and others, and the testimony of expert witness Liu Yan, it should be determined that the victim Ye Tianlong committed long-term domestic violence against Yao Lianhua during his married life.
The defendant Yao Lianhua's domestic violence against the victim Ye Tianlong had endured silently for a long time, and finally because of Ye Tianlong's extramarital affair and forced him to divorce and raise two minor children alone, Yao Lianhua's motive for killing was not despicable.
Although the defendant Yao Lianhua used two murder weapons in the process of killing the victim and inflicted harm on the victim's vital parts, it cannot be ruled out that she had the psychology of venting her anger and taking revenge, but in light of the opinion of Liu Yan, an expert on domestic violence, Yao Lianhua was a battered woman, and the main reason why she killed the victim by the above means was to prevent the victim from inflicting more severe domestic violence on her before she died.
Defendant Yao Lianhua did not flee or conceal or destroy the evidence of the crime after committing the crime, but took the initiative to call the police, and after returning to the case, he truthfully confessed the facts of his crime, and led the investigators to find the iron frame and beer bottle used in the crime, which has the circumstances of admitting guilt and repentance.
Based on the above factors, the collegial panel held that defendant Yao Lianhua's methods were not particularly cruel and the circumstances of the crime were not particularly heinous, and should be found to be intentional homicide as 'less serious' as provided for in article 232 of the Criminal Law of the People's Republic of China.
Defendant Yao Lianhua had the circumstance of voluntary surrender, and the parents of the victim Ye Tianlong expressed their understanding of Yao Lianhua, considering that defendant Yao Lianhua still had four children to raise, so the defendant Yao Lianhua was given a relatively large lenient punishment, and the relevant defense opinions of defense lawyers Li Chao and Lin Shanruo were sustained, and the collegial panel adopted them.
Accordingly, in accordance with the provisions of Articles 62, 67 and 232 of the Criminal Law of the People's Republic of China, the judgment is as follows:
Defendant Yao Lianhua committed intentional homicide and was sentenced to 5 years imprisonment. ”
As soon as the presiding judge's voice fell, the crowd was stunned for a moment, it was too unexpected! "Oh yes", and then a deafening cheer!
The crowd was completely boiling, and the intentional homicide case was only sentenced to five years in prison, which was definitely a light sentence, and this was definitely a great success for Li Chao and Shanruo's defense.
Such a light sentence result was unexpected by everyone, which made everyone feel happy, everyone felt that a stone pressed in their hearts was removed, good and evil will be rewarded, a weak woman like Yao Lianhua finally got a fair verdict! (To be continued......)
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