At this moment, Feng Lin's son Feng Danian was taken by the police to the opposite side of Fang Yi and sat down.

Feng Da is older and tall, thin and tall, with a long face and a big nose, although the facial features are not very well matched, but it does not look annoying.

"Feng Danian, I am lawyer Fang Yi from Wanhua United Law Firm, and this is my assistant Zhou Ying. Do you know Feng Lin? Fang Yi asked.

"Yes, he's my dad." Feng Danian hung his head and said.

"Your father, Feng Lin, has entrusted us as your defender, and if you agree, sign the entrustment formalities." Fang Yi said and handed the entrustment procedures to the other party.

"I agree." Feng Danian took the document handed over and nodded.

"Do you know what the prosecutor's office is charging you with?" Fang Yi asked.

"Yes, robbery." Feng Danian said.

"Do you agree with the charge?" Fang Yi asked.

"I don't know if it's robbery, I don't know much about it." Feng Danian bit his lip and said.

"Do you remember what happened?" Fang Yi asked.

"Remember ......" After a while, Feng Danian recounted the incident.

At the beginning of the year, Feng Danian was entrusted by a friend to convert $80,000 into RMB, and in the process of exchanging US dollars, he got to know the victim He Shengguo.

After the deal was reached, the two sat together and chatted, He Shengguo patted his chest and told him that he had been in this business for more than ten years, and the business was not good in recent years, and many peers had changed careers, so that Feng Danian would need to find him in the future, and he had sufficient funds in his hands.

Feng Danian felt that the surname He didn't seem to be telling a lie, so he had a crooked idea in his heart, he pondered that the money in this line of work may not be able to see the light of day, and it was a cash transaction, so he planned to hack the other party.

So in May, Feng Danian rented a small office on the eighth floor of the office building in the county below, and then renovated the office with anti-theft windows and doors.

Subsequently, Feng Danian called He Shengguo and told him that he had 40,000 US dollars in his hand and urgently needed to exchange for RMB.

After some bargaining, the two negotiated the exchange price, and agreed to trade in Feng Danian's newly rented office the next afternoon.

In the afternoon of the next day, He Shengguo came to Feng Danian's office with 150,000 yuan in cash and handed over the canvas bag containing cash to Feng Danian.

After Feng Danian counted, put the money into the black plastic bag prepared in advance, poured a cup of tea for He Shengguo, and then came to an iron cabinet, took out the key and opened the cabinet, there was a small safe inside.

Because there had been a transaction before, He Shengguo was more relieved, and when he saw Feng Danian open the safe, he sat on the sofa and drank tea, thinking that he could make a fortune again this time.

At this moment, Feng Danian grabbed the black plastic bag, ran out of the door violently, and then slammed the security door slammed into it, and then ran downstairs to flee by car.

Feng Danian's operation stunned He Shengguo, who was leisurely drinking tea, and when he came to his senses, he realized that he had been deceived, and Feng Danian had disappeared at the door at this time.

He Shengguo hurriedly got up to chase, but when he came to the security door, he found that there was no door handle inside the security door, and there was no device to open the door, there was only one keyhole bare, and the security door was modified.

In a hurry, he wanted to jump out of the window to chase it, but the eighth floor was too high, and there was a small window on the wall, but it was installed with an anti-theft net. By the time he called, it was already an hour later.

Although he knew that what he was doing was not legal, but the 150,000 could not be avoided, he was hacked, how could He Shengguo swallow this breath, and finally he chose to call the police.

A week later, the police arrested Feng Danian at the train station. Feng Danian confessed to the crime and handed over all the 150,000 yuan he had robbed.

"What did you do before?" Fang Yi asked.

"It's the financial industry." Feng Danian said.

"Engage in finance? Working in a bank? Fang Yi asked.

"No, I do it myself, I usually do some sewing work, occasionally help people exchange foreign exchange or something, I am busy and have nothing to do, I can be regarded as a freelancer in the financial industry." Feng Danian thought for a moment.

Ooh! Really beautify the profession, what kind of job is this, it is almost the same as unemployment, according to the new term, it is flexible employment.

"Did you install the security door at the scene of the crime?" Fang Yi asked.

"Yes, I installed it after renting it. The doorknob was also modified by me. Feng Danian said.

"Why?" Fang Yi asked.

"It's just to trap He Shengguo and prevent him from chasing me. It's all my fault that I was blinded by lard for a while......" Feng Danian's face was full of remorse, and he didn't know if it was true or not.

The next afternoon, Zhou Ying stood in front of the whiteboard in Fang Yi's office, frowning and looking at the elements of the Feng Danian robbery case written on the whiteboard.

"How? Have you thought about it? Fang Yi sat on the chair and asked with a teacup.

"From the point of view of the means of committing the crime, Feng Danian did not use any violence in the process of committing the crime, nor did he threaten violence, but took advantage of the victim's unpreparedness to suddenly take away other people's property, which is very consistent with the characteristics of the crime of robbery.

However, in this case, there was a situation where Feng Danian fabricated facts, causing the victim He Shengguo to fall into a misunderstanding and voluntarily deliver the money to Feng Danian. In other words, Feng Danian did not have any US dollars to exchange in his hands, and he used the method of fabricating facts to make the victim "voluntarily" hand over the property to himself, which also met the characteristics of the crime of fraud.

I think the procuratorate's accusation of robbery by Feng Danian also has some justification, after all, Feng Danian renovated the doors and windows of the rented office.

Especially after the anti-theft door was slammed in, it couldn't be opened inside, which was not in line with the habit of use, the whole office was his tool for committing the crime, Feng Danian used the office to trap the victim, so that he lost the ability to resist, and robbed 150,000 yuan in cash on the spot, which is in line with the characteristics of the crime of robbery.

To be honest, yesterday I studied until more than 1 a.m., and I still didn't understand what crime should be convicted in this case. Lawyer Fang, can you give me a hint, what crime should be convicted? Zhou Ying tilted her head and said helplessly.

"Good guy, you'll give me a multiple-choice question, choose one of the three, it's not easy! It shows that you have really put in a lot of effort, and your spirit is commendable and worthy of encouragement. Fang Yile said.

In his opinion, it is good for a trainee lawyer to be able to analyze the case to this extent.

"I'll give you an analysis of the crimes of robbery, fraud, and robbery, and then you can judge the charges in this case.

These three crimes are all aimed at illegally taking possession of public or private property, and the targets of the crimes are all public or private property, and anyone can become the subject of the above three crimes. The difference lies in the different means and methods of committing the three crimes:

First, the crime of robbery. Snatching is when the perpetrator takes advantage of the victim's unpreparedness to openly seize public or private property in his possession or control, and the victim often loses control of the property when he is caught off guard, but his own freedom of movement is not restricted.

It is characterized by the fact that the perpetrator ran away after snatching and quickly fled the scene, resulting in the victim having no time to react and losing his property. For example, speeding car snatching, without carrying any murder weapon, will generally be characterized as a crime of snatching.

Second, the crime of fraud. Fraud is the perpetrator's use of fictitious facts or concealment of the truth to cause the victim to have a wrong understanding, believe it to be true, and then voluntarily hand over the property. The perpetrator will not use violence against the victim or restrict the victim's personal freedom.

Third, the crime of robbery. Robbery is when the perpetrator uses violence, coercion or other methods against the victim, so that the victim loses the ability to resist, and seizes property on the spot or forces him to hand over the property.

For example, robbery with a knife, robbery with a murder weapon, or being discovered by the victim in the process of robbery, the two parties compete for property, and the perpetrator uses violence to suppress the victim to seize the property, all of which are robbery. Fang Yi explained.

"What you just said about 'other methods' in addition to violence and coercion in robbery, and what do you mean by 'other methods'?" Zhou Ying asked with wide eyes.

"The 'other methods' used in robbery generally refer to any means used by the perpetrator against the victim's person, other than violence or coercion, that can make the victim unaware of or unable to resist.

For example, the use of sleeping pills or narcotic drugs on the victim, or the intoxication of the victim with alcohol, etc., the key is to see whether the perpetrator's methods have caused the victim to lose control over the property, and whether the victim has lost the freedom of will and freedom of action to resist the perpetrator's robbery. Fang Yi said.

"Oh, I seem to get it." Zhou Ying suddenly realized.

Fang Yi smiled and continued: "In this case, Feng Danian lied that he had US dollars in his hand to exchange, and used fictitious facts to gain the trust of the victim, and he did use fraud at the beginning.

However, in the course of the transaction, the victim He Shengguo handed over the money to Feng Da, but the latter did not give the US dollars to the victim He Shengguo as agreed, resulting in the transaction not being completed.

Under normal circumstances, if Feng Danian can't get the U.S. dollars, the victim He Shengguo can terminate the transaction at any time and get his money back, because the money is not out of the victim's sight, and the victim has not lost control of the money, at least he thinks so. After that, Feng Danian took advantage of the victim's unpreparedness and snatched the victim's money on the spot.

From this point, it can be seen that the victim did not voluntarily hand over the property to Feng Danian because he fell into a misunderstanding, and Feng Danian did not illegally obtain the victim's money through deception, so Feng Danian's conduct did not meet the constitutive elements of the crime of fraud.

In addition, at first glance, when Feng Danian grabbed the money, it seems that he took advantage of the unpreparedness of others to openly seize it, and did not directly inflict violence or threaten violence against the victim before or after the fact.

But after careful analysis, you will find that the reason why Feng Danian was able to succeed was because he carefully set up the 'mechanism' in advance, that is, the office was renovated, so that the victim could not open the door from the inside of the house, resulting in the victim being trapped in the office, in a state where he could not resist and could not take effective measures to take effective measures to recover his property in time.

Feng Danian's conduct fully met the criteria for determining 'other means' in the crime of robbery, so he should be convicted and punished as the crime of robbery. ”

"Oh! I've been thinking about this case yesterday, but I always feel like I'm in a fog and hazy, but this time I understand it all. Zhou Ying smiled like a flower.

"In fact, this is a layer of window paper, you can't figure it out if you don't pierce it, once you pierce it, you can get through. Nothing difficult. Fang Yi smiled.

Before the trial, Fang Yi went to the detention center again and discussed the defense plan with Feng Danian. Although Feng Danian was afraid of being sentenced, he knew that he had made a mistake and that retribution would come sooner or later.

"Lawyer Fang, how many years will I be sentenced?" Feng Danian couldn't help but ask the question that he had been entangled in his heart for a long time.

"In accordance with the provisions of Article 263 (4) of the Criminal Law, you robbed 150,000 yuan in cash, the amount of which is particularly huge, and you may be sentenced to more than 10 years imprisonment, life imprisonment or death, and a fine or confiscation of property.

Of course, if all the stolen money has been recovered and returned to the victim, and no economic loss has been caused, the court may give a lighter punishment at its discretion, and there is a high probability that it will not impose a life sentence or the death penalty.

I spoke to your father yesterday, and we will defend you for the lesser sins. Fang Yi said.

Feng Danian nodded and did not speak again.

During the trial, Feng Danian was very sincere, pleaded guilty and accepted punishment, and recognized all the facts of the case. The prosecutor recommended that he be sentenced to 15 years' imprisonment. Hearing the prosecutor's recommended sentence, Feng Danian's heart trembled, fifteen years!

Fang Yi defended Feng Danian for the light crime, and in view of the fact that the defendant Feng Danian showed remorse after being brought into the case, and all the stolen money had been recovered and returned to the owner, and no economic losses were caused, it was recommended that the court give him a lighter punishment.

After the trial, the presiding judge announced the verdict in court, and the verdict not only surprised Feng Danian, but also surprised Fang Yi.

The Intermediate People's Court held that the defendant Feng Danian's act of confinement others in the room set up by him for the purpose of illegal possession, making them lose the ability to resist, and then taking possession of others' property constituted the crime of robbery.

In view of the fact that the defendant Feng Danian has a good attitude in admitting guilt after being brought into the case, has shown remorse, and that all the stolen money has been recovered and returned to the owner, and no economic losses have been caused, a lighter punishment may be given as appropriate.

In the end, the Intermediate People's Court ruled that the defendant Feng Danian committed robbery and was sentenced to five years in prison and fined 10,000 yuan.

Five years! Fang Yi was surprised.

Feng Danian was overjoyed, but he didn't expect the court to sentence him to five years, which was much less than the sentence recommended by the prosecutor and the sentence said by the lawyer, and he couldn't help but despise the prosecutor and Fang Yi in his heart, feeling that their level was not so.

The two prosecutors in the prosecutor's dock opposite were unhappy, but they didn't say anything, and after the verdict was announced, they packed up their things and left the courthouse.

When Fang Yi walked out of the gate of the court, Feng Lin walked over.

"Thank you, Lawyer Fang." Feng Lin was satisfied with the verdict.

"You're welcome, that's what we should do. Although the case has been decided, it will not take effect until the criminal verdict has been issued and the appeal period has passed. I don't know if the procuratorate will protest. Fang Yi said.

"What if we appeal? Is it possible that my son's sentence will be reduced further? Feng Lin felt that the shorter his son's sentence, the better.

"I don't think it's likely. Do you want to appeal? Fang Yi said.

"I haven't figured it out yet." Feng Lindao.

He didn't take Fang Yi's words seriously, and Fang Yi told him that the court might sentence Feng Danian to more than ten years in prison, but in the end, the Intermediate Court only sentenced him to five years. He felt that although Fang Yi's reputation was great, what he said was not so accurate.