Chapter 339: Hearts but Courages
"Ask the defender to give a defense." The female judge said.
"The defender believes that this case is a case where there are no statutory mitigating circumstances, but it is necessary to be sentenced below the statutory sentence and a suspended sentence can be applied. Here's why:
First, the victim Zhou Junshui was seriously at fault, and Zhou Junshui was well known to the villagers for abusing and beating his parents after drinking heavily for a long time.
After several mediations by the village committee, Zhou Junshui still did not repent, and was still abusing and beating his parents at the time of the incident. The disobedient behavior of the victim Zhou Junshui is contrary to the traditional Chinese ethics of respecting the elderly, which is not conducive to establishing the moral habit of honoring parents, and has a bad impact on the contemporary social atmosphere. Zhou Junshui's actions are contrary to the traditional virtues of the Chinese nation and the core values of socialism that are currently being promoted.
Second, this case is a crime of passion, and the means are ordinary.
Although the defendant Zhou Guang had the circumstances of chasing the victim Zhou Junshui at the time of the crime, the evidence provided by the prosecutor confirmed that the victim Zhou Junshui repeatedly insulted Zhou Guang at the gate, and Zhou Junshui had repeated provocations. Although the defendant Zhou Guang committed acts of injury after chasing him out, judging from the location of the stab wound and the number of stabbing blows, Zhou Guang stabbed Zhou Junshui only once in the right thigh, showing obvious restraint, and the circumstances of the crime were ordinary.
Third, this case should be lenient and a suspended sentence should be applied.
The victim Zhou Junshui's abuse of his parents has reached a heinous level, causing a great negative impact in the local area, which is why more than 300 villagers in the village and the three village committees collectively requested leniency for the defendant Zhou Guang.
Considering that the victim Zhou Junshui had been unfilial to his parents for a long time, and that during the rescue process, although Zhou Guang did not go to the hospital, he actively raised funds and participated in the treatment, and later obtained the understanding of relatives and villagers.
At the same time, considering his family, the relatives of the victim Zhou Junshui believe that Zhou Junshui is at fault and request that the punishment of Zhou Guang be commuted, and that the current defendant Zhou Guang's wife is sick and has no one to take care of him, and that Zhou Guang himself is older, and the defender believes that the six-year fixed-term imprisonment recommended by the procuratorate is too heavy and violates the principle of proportionality of criminal responsibility and punishment, and recommends that the court apply a suspended sentence to the defendant Zhou Guang.
The defense opinion is over! Fang Yi said.
……
It may be that considering that the criminal law should be sentenced below the statutory sentence, the judge did not announce the verdict in court, and after the adjournment, Fang Yi finished signing the transcript and was surrounded by people from Zhouzhuang Village as soon as he walked out of the court.
"Lawyer Fang, what do you mean, judge? The procuratorate has been recommending it for six years, don't they agree? Director Zhou asked.
"That is, does the judge want to sentence Uncle Guang again?" The surrounding villagers gossiped.
"Listen to me, listen to me." Fang Yi waved his hand.
"Everyone, don't quarrel, listen to lawyer Fang." Director Zhou shouted, and soon the surroundings fell silent.
"In this case, the prosecutor recommended that Zhou Guang be sentenced to six years in prison, and everyone heard it. I suggest that Zhou Guang be given a suspended sentence, that is, he does not have to go to prison.
Now the court has to take into account the entire facts of the case and make a judgment. I deduced that it was very likely that the sentence in this case would be less than the statutory sentence (10 years), and the reason why the judge did not pronounce the sentence may be that it is necessary to seek the opinions of the court or even the court.
Don't worry, go back and wait for the letter, I'll tell you when there is news. Fang Yi explained.
Zhou Junshan is a person who has no idea, it is all up to Director Zhou, and Director Zhou saw that this was already the case, so he could only go back and wait for the letter, so he sent everyone back to the village.
Director Zhou and Zhou Junshan saw that the time was not early, and invited Fang Yi to have lunch before returning to the village. On the way back, Fang Yi received a call from the district court that Yang Xu's case would be heard in half a month.
As the saying goes: a good memory is not as good as a bad pen, lawyers sometimes have a lot of things, and they can't take care of eating when they are busy, so if they don't write things down in the book, it's easy to forget and make mistakes. This is also a habit that Fang Yi has formed over the years.
When Fang Yi returned to the law firm, Huang Yuanchao and Ma Yi were muttering, and they looked up to see Fang Yi.
"Old Fang!" Huang Yuan beckoned to Fang Yi.
"What's the matter?" Fang Yi walked over.
"I got three brilliant coupons from my boss and got them 75% off. How about going for a chic night out? Huang Yuanchao blinked his eyes and looked at Fang Yi.
"I'm fine, and Lawyer Ma is probably fine, but can you stay overnight, Lao Huang? I doubt it deeply! Fang Yi said with a smile.
"Even so, I'm deeply skeptical!" Ma Yi echoed.
"O you! If you can't stay overnight, let's stay for half a night! Let me tell you the truth, I have already told my daughter-in-law that the new lawyer Fang has a treat tonight, so I will go back later. Huang Yuanchao said with a smile.
"Lao Huang, don't wait like this, always use me as a shield, be careful of goofs one day." Fang Yi pretended to be unhappy and said.
What do you say,...... It's only been twice, and the last time was to go to the Hilton for a buffet. I'm a really good person. Are you going to go? Huang Yuan said.
"Okay, no problem. Let's go together after work. Fang Yi said with a smile.
It just so happened that he also wanted to go to the brilliant bubble bath, and today he went to the county court and drove for four hours and drove for more than two hours, which was really tiring.
At half past eight in the evening, after Fang Yi and the three of them had eaten, they walked out of the restaurant and walked towards the bathroom. Don't look at Ma Yi and Huang Yuanchao's usual open-mouthedness, it is really brilliant, the two of them take a vegetarian bath honestly, they dare not touch the meat at all, they are pure and have no guts, and they are happy and happy.
When the three of them were taking a bath and chatting, Li Shuming walked over with a smile.
"Old Fang, you won't introduce me." Li Shuming got out of the pool, sat on the side and said with a smile.
"This is our Lawyers Ma and Huang from the Litigation Department. Lawyer Ma, lawyer Huang, this is my good friend, Mr. Li. Fang Yi said with a smile.
He knew that Li Shuming didn't like to show off in front of people, so he just briefly introduced it, and didn't mention brilliant things.
Ma and Huang exchanged a few words with Li Shuming, and then listened to Li Shuming: "Three, let me ask a question, I have a friend in the system, who is almost forty years old, and he doesn't want to mix anymore, so he wants to come out and become a lawyer." Do you have any suggestions? ”
"Has this friend of yours taken the bar exam?" Ma Yi asked.
"It's over, I passed last year, if he can't pass the test, he won't be entangled!" Li Shuming said.
"Well, Lao Huang has the most say in this matter. Lawyer Huang, talk to Mr. Li about this. Ma Yi rushed to Huang Yuanchao.
"Lawyer Huang was also in the system before?" Li Shuming looked at Huang Yuanchaodao.
"Well, I mixed in it for a few years, and then I was promoted to the main department, and I thought it was boring and came out to be a lawyer. I don't think it's about age, it's about whether your friend's personality is suitable for being a lawyer.
If your friend is one of those people who is good at dealing with people, and has a little resources, I think it's okay to become a lawyer even if you are 50 years old.
Previously, one of our law firms retired from the public security bureau at the age of 60 and joined our law firm as a trainee lawyer. Of course, people have experience and connections, and being a trainee lawyer is a formality, and many cases are cases in which he cooperates with the team leader. Earn a lot more than before retirement. Huang Yuan said.
Riwan, please support!
(End of chapter)