"Defendant Zeng Xueqin, male, born on February 1, 1970, ID number ....... On suspicion of intentional injury, he was criminally detained by the Municipal Public Security Bureau on 30 August 2014.

After accepting the case, this court informed the defendant of his right to retain a defender and the legal consequences that might result from admitting guilt and accepting punishment, interrogated the defendant in accordance with law, and reviewed all case materials.

After review in accordance with law, it is ascertained that:

On August 29, 2014, at about 5 p.m., the defendant Zeng Xueqin had a verbal altercation with his lover Yuan Fang, and the victim Chen Zhihong stepped forward to dissuade him, but Yuan Fang misunderstood and then tore up.

Then Zeng Xueqin saw Chen Zhihong's desperate life, so he fled, and in the process of pursuing Zeng Xueqin, Chen Zhihong fell to the ground, and later died after treatment.

It was determined that the victim Chen Zhihong was affected by various factors such as emotional agitation during quarrels, chest beatings, strenuous exercise, and alcohol consumption on the basis of his pre-existing coronary heart disease, which induced a coronary heart disease attack, and sudden death due to cardiac arrest caused by tubular cerebral spasm.

Zeng Xueqin was arrested by the police after the incident, and after arriving at the case, he truthfully confessed the facts of the crime.

The evidence for the above facts is as follows:

1. Certificate of household registration and criminal record;

2. Defendant Zeng Xueqin's confession and defense;

3. Parking lot video;

4. Appraisal report.

The above-mentioned evidence collection procedures are lawful, and the content is objective and truthful, which is sufficient to determine the facts of the accusation. Defendant Zeng Xueqin had no objections to the facts and evidence of the alleged crime, and voluntarily pleaded guilty and accepted punishment.

This court finds that the defendant Zeng Xueqin struck Chen Zhihong in the chest for the purpose of revenge because his lover quarreled and tore with the victim Chen Zhihong, causing his death, and that his conduct violated article 234 of the Criminal Law of the People's Republic of China, that the facts of the crime are clear, the evidence is credible and sufficient, and that he should be investigated for criminal responsibility for the crime of intentional injury. In accordance with the provisions of article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated, and a sentence is requested in accordance with law.

Presiding Judge, the indictment has been read! Inspector Xiao finished reading it and put down the indictment.

Fang Yi secretly calculated in his heart, it seems that his previous speculation was correct, looking at this meaning, the sentence recommended by the procuratorate will not be less than ten years.

"Defendant Zeng Xueqin, did you hear clearly the indictment read out by the prosecutor just now? Do you dispute the charges and facts charged against you in the indictment? The presiding judge said coldly.

"No objections!" Zeng Xueqin looked up and said.

"The prosecutor may interrogate the defendant about the facts of the crime charged in the indictment." The presiding judge said.

"Okay, Presiding Judge. Defendant Zeng Xueqin, what is the relationship between the victim Chen Zhihong and Ling? Inspector Xiao asked.

"We both sell fruit in the market, and the relationship is average." Zeng learned diligently.

"According to the transcript of the interrogation with the market management department, you two are the two largest fruit wholesale companies in the market, and you are in competition with each other, and the relationship has not been very good. Is it true that the defendant has studied diligently? Inspector Xiao asked.

"The situation is true, although we don't have a good relationship, but everyone runs a fruit company with money, no deep hatred, just envy and jealousy, which is normal, who has money is not envied and jealous. The two of us are still very disciplined, and we won't do anything indiscriminate, otherwise we wouldn't have made the business so big. "I have learned to be diligent.

"Presiding Judge, I'm done." Inspector Xiao saw that the other party was not in the trap, and it was not interesting to ask again, so he stopped the questioning.

Inspector Xiao, what do you mean by this, do you want to change intentional injury to intentional revenge killing? This is to mislead the judge, Fang Yi couldn't help but feel a chill down his spine, thanks to Mr. Zeng's cleverness, he didn't follow him.

"Does the defendant Zeng Xueqin's defender need to ask questions of the defendant?" The presiding judge looked at Fang Yi.

"Questions." Fang Yi raised his head and said, "The defendant Zeng Xueqin, did you know that Chen Zhihong had coronary heart disease before the case?" Fang Yi asked.

"I don't know, we are usually busy with each other, and we rarely communicate." Zeng learned diligently.

"What were you doing and what did you see at the time of the crime?" Fang Yi asked.

"Before the incident, my daughter-in-law called me and told me that she was almost in the parking lot and asked me to go to the parking lot to find her. After I took care of what I was doing, I went to the parking lot, and when I was almost there, I saw someone fighting, so I approached me.

It turned out that it was my daughter-in-law and Chen Zhihong who were tearing it up, a big man beating a woman, I was very angry at the time, and I gave Chen Zhihong two punches when I went up. "I have learned to be diligent.

"How many punches did you punch him?" Fang Yi then asked.

"I punched him twice, I smelled him all over his body, his eyes were red, he should have just drunk, and the people who drank had no score in a fight, I didn't want to play with him, so I ran away later." Zeng learned diligently.

"Presiding Judge, I'm done!" Fang Yi said.

……

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts.

The prosecutor will speak first. The presiding judge said.

“…… The prosecutor believes that in order to help his lover Yuan Fang vent his anger, the defendant Zeng Xueqin punched the victim Chen Zhihong in the chest and head, which eventually caused Chen Zhihong to have a coronary heart attack, and he fell to the ground in the process of pursuing the defendant Zeng Xueqin, and died after ineffective treatment.

In addition, after investigation, Zeng Xueqin was sentenced to six months in prison for the crime of seeking a gap and causing trouble, which has not yet been five years, and he constitutes a recidivist and should be punished heavily.

Zeng Xueqin's conduct constituted the crime of intentional injury, and we recommend that he be sentenced to 12 years' imprisonment. Inspector Xiao said.

After Inspector Xiao finished speaking, Fang Yi looked at Zeng Xueqin, only to see that he was slightly surprised, and then returned to his previous demeanor. This guy has a really good mentality.

"The defendant is now defending himself." The presiding judge said.

"Chen Zhihong and I are competitors, but I have never wanted to harm him, and I never knew that he had coronary heart disease before the accident. I am willing to take some responsibility for his death. However, I think the sentence recommended by the prosecutor's office is too heavy. I just punched him twice, Chen Zhihong died of coronary heart disease, and he can't put all the blame on me. Zeng Xueqin was not convinced.

Sentenced to 12 years for two punches! No one will admit it, and it is normal for Zeng Xueqin to be dissatisfied.

"The defender gives his opinion." The presiding judge said.

"The defender believes that this case has certain particularities, and although the defendant Zeng Xueqin has constituted the crime of intentional injury, he should be sentenced to fixed-term imprisonment below the statutory penalty. Here's why:

Defendant Zeng Xueqin's act of boxing the victim Chen Zhihong's chest would not normally result in the victim's death, but the harmful behavior of his boxing, and the intervention of various factors such as the victim's emotional agitation, strenuous exercise, and alcohol consumption, induced the attack of coronary heart disease, which led to the occurrence of death.

The victim was suffering from coronary heart disease, and the defendant Zeng Xueqin did not know about it in advance, which was an accidental factor, and there was an accidental causal relationship between his previous punching and hitting and the result of the victim's death.

According to the basic principle of 'proportionality of criminal responsibility' in the Criminal Law, and in accordance with the second paragraph of Article 63 of the Criminal Law, 'although criminals do not have the mitigating circumstances provided for in this Law, they may also be sentenced to a penalty below the statutory penalty based on the special circumstances of the case and with the approval of the Supreme People's Court. ’

The defender inquired about cases in recent years that have been approved by the Supreme People's Court for sentencing below the statutory penalty, and the "special circumstances" referred to in the above provisions can be summarized into the following two situations:

In the first case, the victim suffers from a special serious illness and the defendant did not know about it in advance, which is an accidental factor; In the second case, the relationship between the defendant's injurious conduct and the result of the victim's death is purely accidental and indirect factual causation, and factors such as the victim's own illness have direct and absolute causal force on the outcome of the death.

This case fully meets the above circumstances, so the defender believes that although the defendant Zeng Xueqin constituted the crime of intentional injury, his act of punching the victim was only one of the causes that induced the victim's coronary heart disease, not the main cause. In addition, according to the evidence provided by the procuratorate, the defendant has obtained the forgiveness of the victim's family, so the defender recommends that your court sentence you to fixed-term imprisonment below the statutory sentence and recommend a sentence of one year.

The case of the Supreme People's Court is attached! For the reference of the collegial panel. Complete! Fang Yi said.

Fang Yi knew that the court would most likely not make a judgment according to his own suggestion, but the actions that should be done still had to be done, and the proposed one-year sentence was discussed with Mr. Zeng, and his daughter-in-law Yuan Fang could accept it.

Soon the presiding judge sounded the gavel, ended the trial, and adjourned the court for 10 minutes, pending the collegial panel's deliberation and the verdict. Fang Yi began to pack up the documents on the table, the work of the first trial was over, as for what the court would decide, he couldn't control it, he could only wait quietly, hoping for a good result.

……

More than ten minutes later, the three judges walked into the courtroom one after another, and the presiding judge sounded the gavel.

"Now continue the trial, and ask the bailiff to bring the defendant Zeng Xueqin to court.

The collegial panel has deliberated and formed a verdict in this case. In response to the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

…… The victim Chen Zhihong was suffering from coronary heart disease, and the defendant Zeng Xueqin did not know about it in advance, and there was an accidental causal relationship between his previous boxing behavior and the result of the victim's death, and there was a criminal law causal relationship between the defendant's conduct and the result of the victim's death.

Defendant Zeng Xueqin is a recidivist and should be given a heavier punishment in accordance with law. This court's judgment is as follows: The defendant Zeng Xueqin committed the crime of intentional injury and was sentenced to five years imprisonment below the statutory penalty, and the verdict of the case will be submitted to the Supreme People's Court for approval in accordance with the law......" Chief Judge said.

Zeng Xueqin was sentenced to five years! Fang Yi felt that if Mr. Zeng was not a recidivist, it was estimated that he would be sentenced to two or three years, but the result of five years would be fine, but the premise was that the procuratorate did not protest, and Mr. Zeng would also accept it.

Thinking of this, Fang Yi looked at Mr. Zeng, only to see his relaxed face, it seemed that he was quite satisfied with this result, five years was more than half of the twelve years of sentence recommended by the procuratorate before.

Prosecutor Xiao on the opposite prosecutor's bench also seemed to be in a good mood, and did not struggle whether to protest or not, of course, this is only a superficial situation, whether the procuratorate will agree to the content of the verdict, will have to wait for another ten days, until the verdict takes effect.

After the trial, after Fang Yi walked out of the court, he called Li Shuming and told him the verdict, and Li Shuming asked him to go over and take a bubble bath to relieve his fatigue.

Sure enough, Mr. Zeng was satisfied with the verdict, and Yuan Fang did not make a fuss to appeal, and ten days later, the procuratorate did not raise a protest, and the verdict took effect.

What Fang Yi didn't expect was that a few days after the verdict came into effect, Yuan Fang actually sent Fang Yi a pennant, of course, it was not enough to send a pennant, she also asked people to move ten boxes of fruit to Fang Yi to show her gratitude.

Before Fang Yi said that Mr. Zeng's case had a chance to be sentenced a few years less, Yuan Fang still had some doubts about his ability, but now it seems that Fang Yi is still very reliable. So Yuan Fang has the heart to have a good relationship with him.

Doing business will inevitably encounter problems, and having a reliable lawyer by your side can save a lot of trouble, which is also what Mr. Zeng specially explained to his daughter-in-law.

In the afternoon, Wang Deyou wore a thick down jacket and returned to the office with a briefcase.

"Lao Wang, have you gone to court?" Fang Yi looked at him with a tired look and asked.

"Today's case is a happy one. A girl rescued an elderly man who had fallen on the side of the road, but after the old man was taken to the hospital for rescue, the family surrounded the girl. Ask her to compensate the old man for his medical expenses.

The girl repeatedly explained that she was helpful, but the family just didn't believe it, shouting why so many people on the road were helpful to her, and why others didn't care, it was clear that the little girl bumped into the old man, and her heart was weak! As he spoke, Wang Deyou took out half a bottle of mineral water in his bag and drank it all in one go.

"And then?" Fang Yi asked. Xie Youhe, who was on the side, also looked at him with a big teacup.

"The girl is a high school student, her parents are laid off to sell breakfast, and she can't make much money in a month. The girl's parents called the police, and the police came to wipe the mud on both sides, and finally asked both parties to go to the court to settle the matter. In this way, the old man's family took the girl to court. Wang Deyou said.

"I know the girl's parents, who always sell pancakes outside my neighborhood, and I often buy his pancakes, so I'm more familiar.

Some time ago, when I was buying pancakes, the two of them told me about the family, and I wanted to help them, so I took the case and gave it to Lawyer Wang. The lawyer's fee was very low, and only 3,000 yuan was collected. Xie Youhe took over and said, "Lawyer Wang, how is the court situation?" ”

"When the court was opened, the other party was arrogant, shouting that if they didn't lose money, they wouldn't let them live a good life, and God finally opened his eyes, there was a camera where the old man fell, and I applied to the court to go to the traffic police brigade to adjust the video.

The video shows very clearly that the old man fell on his own, and then the girl ran from behind, checked the situation, and called the police.

At that time, the judge asked the other party to cross-examine the evidence, but the other party did not admit it, saying that the video was incomplete. The dead face wants the girl to lose money. The judge's face was as cold as an ice lump. In the end, the judge pronounced a judgment on the spot and rejected all the other party's claims, and also reprimanded them, and estimated that the other party would have to appeal. Wang Deyou said.

(End of chapter)