"According to you, there should be no problem with the facts and applicable law in this criminal verdict. But I feel that the sentence is a bit too heavy. Fang Yi said.

"Lawyer Fang, our Gao Shengyang only threw a few clods of soil, but he didn't hit Guo Yuxiang, she accidentally fell off the ladder by herself, and she will also be sentenced?" Zhao Lan felt that her husband was very wronged.

Although the clods of soil and stones thrown by Gao Shengyang did not hit Guo Yuxiang, Guo Yuxiang fell from the ladder to avoid the clods of soil and stones thrown by Gao Shengyang, and there is a causal relationship in criminal law. Therefore, Gao Shengyang constituted the crime of intentional injury. Fang Yi explained.

Although Zhao Lan didn't understand what causation in criminal law was, the court sentenced her, and the lawyer in front of her also said that her husband had committed a crime, and she could only accept it.

"When did you get this criminal verdict?" Fang Yi asked.

"I went to the court the day before yesterday to get it." Zhao Landao.

"Well, the appeal period is only ten days, so you have to hurry. You signed the entrustment procedures, right? Fang Yi asked while looking through the entrustment procedures.

"I signed it." Zhao Lan nodded.

The next day, at 8:55 in the morning, Fang Yi appeared in front of the gate of the detention center. The northwest wind was blowing, and the lawyers who were waiting in line to enter the detention center to meet were so cold that their faces were red and they couldn't stop stomping their feet.

The big iron door opened, and Fang Yi and the others walked in one after another.

Gao Shengyang is about 1.8 meters tall, with a pair of thick eyebrows, a pair of big leopard eyes, a straight nose and a wide mouth, and a good face. Fang Yi suddenly found that he would involuntarily look at the other party's face when he met, could it be that he had the potential to set up a stall on the street? Forget it, the chengguan is too powerful.

As the saying goes, the face is born from the heart, and the face can reveal a person's character and inner world, at least most people are like this, of course, it is difficult to reflect the word "face is born from the heart" after plastic surgery.

"Hello, I'm lawyer Fang Yi from Wanhua United Law Firm, do you know Zhao Lan?" Fang Yi was the first to speak.

"Yes, she is my daughter-in-law." Gao Shengyang said with a face.

"This is my entrustment formalities, you see, if you agree with me to be your defense lawyer, please sign it." Fang Yi handed over the entrustment procedures, and then said, "Please give me a detailed introduction to the case, so that I can analyze the case." ”

Gao Shengyang nodded, and intermittently told the story of the case, probably because he had been locked up in it for a long time, and because he had been tried for ten years, he was under too much mental pressure, and the narrative of the incident was a bit confusing, if Fang Yi hadn't heard Zhao Lan tell the story of the case before, he really couldn't understand what he meant.

In fact, many criminal suspects are very clear when they are not arrested, and they can tell a lot of details about what happened to the case, and once they are arrested and put in the detention center, their brains are immediately confused, although they can also explain the facts clearly, but they will miss a lot of details, and the suspects with poor mental endurance will directly collapse, and the logic of the words will be confused.

"This is the appeal I drafted, you see, if there is no problem, sign it." Fang Yi knew that his logical thinking ability was relatively poor now, and it was useless to ask too much, so he took out the prepared appeal petition.

"Do you have anything you need me to tell your lover Zhao Lan?" Fang Yi asked.

"I'm afraid that my years will not be short when I go in, you let her find a good man to remarry! Don't wait for me. Gao Shengyang said as tears fell.

Fang Yi is angry in his heart, you are a big man, you look like five people and six people, can you stop shedding tears without saying a word, it is like parting with life and death.

"Your case is not hopeless, I will go to the court in the afternoon to read the file, and if possible, I will defend you for the lesser crimes.

Even if you are really sentenced to ten years, as long as you behave well in it, you can still reduce the sentence, and you will be able to come out in less than ten years, don't be too pessimistic. Fang Yi comforted.

"Really?! Then you ask my daughter-in-law to save some money for me, I don't have any money to buy toilet paper. Gao Shengyang wiped his tears and looked at Fang Yi.

After a short rest after lunch, Fang Yi went to the Intermediate People's Court to submit the appeal petition and entrustment procedures. Next, we will wait for the court of second instance to notify the hearing.

The second instance of Gao Shengyang's case was tried by the Provincial High Court, and on the day of the trial, snowflakes fell on the sky, and although the wind was small, it was like a knife, and the face was painful and the weather was very cold.

There was plenty of warm air in the courtroom, and there were relatives of Gao Shengyang's family and his daughter-in-law Zhao Lan sitting in the auditorium. The victim Guo Yuxiang's family did not come back to observe because they had received compensation.

The prosecution and defense and the appellant Gao Shengyang had no objection to the facts and charges found in the first trial, but there was considerable controversy over the sentencing.

The procurator held that the appellant Gao Shengyang had constituted the crime of intentional injury and that there were no statutory mitigating circumstances, but considering that his harm to society was not great and his subjective malice was small, the sentence of 10 years imprisonment in the first trial was appropriate, and recommended that the court reject the appellant's appeal.

Fang Yi's defense opinion is very simple, based on the principle of proportionality of crime and punishment, and the criminal justice policy of blending leniency and severity. Although the appellant has constituted the crime of intentional injury and does not have the statutory mitigating circumstances, the appellant Gao Shengyang has no criminal record, the subjective malice is small, the means of injury are average, the circumstances of the crime are minor, and the harm to society is not great. In accordance with the provisions of Article 63, Paragraph 2 of the Criminal Law, it is recommended that the court impose a penalty below the statutory penalty. The recommended sentence is one year in prison.

It may be that the collegial panel felt that the focus of the dispute in this case was sentencing, and the reasons of both sides were relatively clear, so after the prosecution and defense had finished expressing their defense opinions, they asked the appellant to make a final statement and ended the trial.

The Provincial High Court pronounced the verdict in court, and the court found that the appellant Gao Shengyang had committed the crime of intentional injury and sentenced him to three years imprisonment below the statutory penalty, and reported it to this court for approval in accordance with law.

After listening to the verdict, Zhao Lan in the auditorium stared at her husband's back and burst into tears. Gao Shengyang was also relieved, ten years was changed to three years, three years is not long, but not short, but for the Gao family, there is one less laborer in the family, and the two children have to spend money on school.

After Gao Shengyang was taken away, Zhao Lan found Fang Yi: "Lawyer Fang, thank you!" Is my husband's case over! ”

"Although the case has been sentenced, it still has to go through the review procedure, because it is a three-year fixed-term imprisonment sentence below the statutory sentence (more than 10 years imprisonment, life imprisonment, and death penalty), and after the provincial high court reviews it, it still needs to be reported to the Supreme People's Court for review." Fang Yi explained.

Not long after that, the Supreme People's Court formed a collegial panel in accordance with the law, reviewed the case, and approved the second-instance judgment. So far, the case of Gao Shengyang's intentional injury causing death has been closed.

(End of chapter)