A few days later, Shen Guilin walked into the conference room of Wanhua United Law Firm again, and Fang Yi wanted to communicate with him about the defense plan today.

"Mr. Shen, your son had no objection to the facts and charges of the case in the first instance, I have sorted out the case in the past few days, and from the existing case file materials, there is no problem with the facts and charges of the crime determined by the court of first instance, and the only point of dispute is that this case is an attempted robbery or a completed crime?

I went to the Municipal Procuratorate to communicate the facts of the case, and the procurator in charge of the case believed that the case was completed, but I thought it was an attempt, and the legal provisions were not too clear, so it depends on how the court of second instance determines it. I am ready to defend your son's misdemeanor. Fang Yi said.

"Lawyer Fang, I am a coolie seller in the company, I don't have much culture, how to defend my son, you can come. I listen to you. After listening to Fang Yi, Shen Guilin said.

"Okay, I made an appointment to go to the detention center tomorrow to meet Shen Hu and communicate with him about the defense plan. At nine o'clock next Monday morning, Shen Hu's case will go to trial. If you are attending the hearing, please remember to bring your ID card. Fang Yi said.

Shen Guilin nodded, and then left the law firm.

On the weekend, Fang Yi took his son Fang Anzhi to the Northland Mall to buy a few clothes for autumn and winter, and then took him to have a Western meal, went to the brilliant bath in the evening, and had a meal with Li Shuming.

Although it is said that the poor raise a son and a rich daughter, but the son's knowledge cannot be less, Fang Yi tries his best to let his son Xiaozhi have more contact with the society and have more knowledge. Avoid reading too much, your mind is full of exams, and reading stupidly!

In the evening, on the way back to see his son off, Fang Anzhi hesitated: "My mother asked me to live on campus from this semester. She said that I had grown up, had adjusted to my new school after a semester, and it was time for me to be independent! ”

"Your mother is for your good, people always have to learn to grow up slowly, and they can't always be by their parents' side. Remember to build relationships with your classmates. When you are growing your body, you must eat well, and call me if the food money is not enough. Fang Yi held the steering wheel, glanced at his son, and smiled.

At this time, an old song by Li Zongsheng came out on the radio in the car:

Do you still remember the dream when you were young, like a flower that never withers, accompany me through the wind and rain, see the impermanence of the world, see the vicissitudes of life...... go, let's go, people always have to learn to grow up by themselves, let's go, let's go, life will inevitably experience painful struggles, let's go, let's go, find a home for my heart, I have been sad and weeping, and I have been heartbroken, this is the price of love......

Yes! My son has grown up, it's time to be independent! No matter how reluctant you are, no matter how sad your heart is, you have to let go...... That's the price of love.

Fang Yi's heart suddenly felt a little sour, time passed too fast, and he was middle-aged in a blink of an eye!

The car stopped downstairs, Fang Anzhi got out of the car, turned around and waved to Fang Yi at the door of the building, and then went upstairs. Upstairs, Cao Xiaohui, who was standing behind the curtain in the bedroom, watched Fang Anzhi get out of the car, and she suddenly felt a pain in her heart, if she didn't come to the city, if she didn't covet money, maybe she wouldn't have fallen into the quagmire, let alone be so anxious.

Life seems to have played a joke on her, in the past, Cao Xiaohui was most envious of the life of brocade clothes and jade food, full of famous brands, and spending money, but now she wants to live an ordinary life.

Because there is a sword of Damox hanging over her head, and she is suffering endlessly! In order to reduce the impact on her son, she can only do this.

Her heart was full of pain, remorse, but helpless!

Fang Yi returned to his residence, lit a red plum and sat at the window, looking at the bright moon outside the window, and said secretly in his heart: Why is it this time? No, with Cao Xiaohui's character, how could she let her son go to live in school. If she really wants her son to live on campus, why would she buy a house near the school? Isn't that a paradox? Don't......

On Monday morning, in the 21st Court of the Intermediate People's Court, the second instance of Shen Hu's case opened.

……

"Appellant Shen Hu's defense lawyer is requested to present the grounds for appeal." The presiding judge said.

"The defender believes that the appellant Shen Hu stole other people's property and resisted arrest and used violence on the spot, and his actions constituted the crime of robbery, and the original trial court's characterization of his crime was not improper, but it did not find that the crime of robbery in this case was attempted.

In view of the fact that the appellant Shen Hu was a first-time offender who pleaded guilty and repented, and that his family had already compensated the victim, and that this case was an attempted robbery, the court was requested to change the judgment in accordance with law and reduce the punishment of the appellant Shen Hu. Complete. Fang Yi said.

"Appellant Shen Hu, do you have any objections to the facts and charges ascertained in the first-instance judgment?" The presiding judge asked with a calm face.

"There is no objection. I accept the facts and charges found by the court of first instance. Shen Hu lowered his head and didn't dare to look directly at the presiding judge.

……

"The court investigation is over, and now the court argument is open. Before the debate, the court draws the attention of the prosecution and the defense to the fact that the debate should mainly focus on the determination of the charge, sentencing and other controversial issues.

The appellant Shen Hu first defended himself. The presiding judge said.

Shen Hu's defense was based on Fang Yi's defense plan, he didn't know what French was called, and could only talk back and forth, and the presiding judge really couldn't listen to it anymore and stopped him from speaking.

"I will now speak by the defender of appellant Shen Hu." The presiding judge said.

"Presiding Judge and Judge: The defender believes that in this case, the appellant Shen Hu stole an electric bicycle battery worth 150 yuan, which did not meet the standard for a relatively large amount of theft, but when he was intercepted by the security guard, in order to resist arrest, he beat the victim with his fist and caused the victim minor injuries, which should be found to be the crime of robbery, and the defender has no objection to this.

However, the appellant's conduct should have been an attempted robbery, and the trial court did not consider the circumstances of the attempted robbery in sentencing, so the defense argued that the trial court's sentence was too heavy.

In view of the fact that the family of the above-mentioned person has already compensated the victim, and that the appellant is a first-time offender, has pleaded guilty and repented, and is an attempted robbery, according to Article 23 of the Criminal Law, the punishment for the attempted offender may be mitigated or commuted by comparison with the completed offender.

In summary, the defender recommended that the appellant Shen Hu be given a reduced punishment of one year imprisonment, and requested the court to change the sentence in accordance with law. Complete. Fang Yi said.

Article 263 of the Criminal Law stipulates that whoever robs 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. Fang Yi suggested sentencing Shen Hu to one year in prison, which is already lower than the statutory minimum sentence (three years), which is a commutation of punishment.

"It is now up to the Prosecutor to speak." The presiding judge said.

"Presiding Judge and Judge: We believe that the court of first instance found that the appellant Shen Hu had committed the crime of robbery, and the facts were clear, the evidence was credible and sufficient, the punishment was appropriate, and the procedures were lawful. The court is requested to dismiss all of the appellant's claims in accordance with the law. The inspector said.

(End of chapter)