"I was not satisfied with the charges and sentences found by the court of first instance, and I went to the hotel that day to discuss business, and I happened to see my wife Jiang Yu in the lobby.

Then I found out that she was dating a man, so I called Erleng and Huzi to go to the room to catch the rape. I didn't want to rob the man, but the other party voluntarily gave me money and wanted to catch the adulterer.

I do not constitute the crime of robbery, and the sentence imposed by the court of first instance is too severe, and I implore the court to rule in accordance with the law. Shi Ling said confidently.

He felt that he was very reasonable, the other party cuckolded him, and offered to compensate himself with money, how could he become a robber? He squatted in it for so long and didn't figure it out.

After graduating from university, Shi Ling has been following his father to take care of the family's business, and he has seen many scenes, and he has long developed a strong psychology, and it is very appropriate to describe him as hob meat. So after entering the detention center, he did not have a nervous breakdown like others, on the contrary, his thinking and logic were very clear, and he deduced his own affairs several times.

"The defendant's defense lawyer issues grounds of appeal." The presiding judge said.

"Presiding Judge and Judge: The defender believes that the court of first instance found that the facts were unclear, the law was wrongly applied, and the conviction and sentencing of the appellant Shi Ling for robbery was improper, and the appellant's conduct should constitute the crime of extortion.

After the appellee Shi Ling was caught raping, the victim was afraid that the appellant would make his derailment public, and proposed to give the appellant money to settle the matter, and the victim obviously had the purpose of destroying the wealth and avoiding disaster. Thereafter, the appellant forcibly demanded 100,000 yuan from the victim for the purpose of illegal possession.

The evidence in the case could not prove that the appellant Shi Ling had the intent to rob, and Shi Ling did not use violent means to coerce the victim. Therefore, Appellant Shi Ling's conduct did not constitute the crime of robbery, but the crime of extortion. The court is requested to change the judgment in accordance with the law. Complete. Fang Yi said.

"Appellant Shi Ling, do you have any objections to the facts and charges of the crime determined in the first-instance verdict?" The presiding judge asked.

"There are objections. The court of first instance found that I used violence to coerce the victim and rob the money, which did not conform to the actual situation, and that the victim voluntarily gave me money.

In addition, I do not recognize the charges found by the court of first instance, and I do not constitute the crime of robbery......" Shi Ling defended.

"Next, the procurator will question the appellant Shi Ling on the facts ascertained in the first-instance judgment." The presiding judge said.

"Okay, Presiding Judge." The male prosecutor sitting in the first place in the prosecutor's bench looked at Shi Ling: "Appellant Shi Ling, what did you do in the hotel on the day of the crime?" ”

"I went to the hotel to discuss business, and when the court was held in the first instance, the court had already investigated, and the customer's WeChat appointment for me to go to the hotel and the certificate issued by the customer's company, as well as the customer's check-in records, could confirm what I said." Shi Ling said confidently.

"At the hotel, how did you find your wife Jiang Yu?" The inspector asked.

"I saw her in the hotel lobby when she was sitting in the corner of the lobby with her head down and playing on her phone." Shi Lingdao.

"After you saw Jiang Yu, why didn't you go to look for her?" The inspector asked.

"Usually she goes shopping with her girlfriends and goes to beauty salons, and suddenly she appears in the hotel alone, and I feel very strange at the time, so I didn't call her, I want to see what she is going to do." Shi Lingdao.

"And then what do you see?" The inspector said.

"A young man, very fair-looking, took her upstairs with a key card. I followed, too. Shi Ling said.

"Do you know that man? What do you think is their relationship? The inspector asked.

"I don't know, I think it's that kind of immoral relationship between men and women. To put it bluntly, it's my daughter-in-law cheating.

But this kind of thing needs evidence after all, and if I stopped them rashly, the two of them would definitely not admit it, and maybe they would make up my cousin's reason to prevaricate me, so I followed upstairs. Shi Ling said.

"What did you do after that?" The inspector asked.

"I called Huzi and Erleng to come to the hotel to help me catch the traitor. Then we opened the door and saw my daughter-in-law and the man's ......, and I hit the man. Shi Ling said.

"What was the victim's reaction?" The inspector asked.

"He offered to give me money to let him go." Shi Lingdao.

"How much is he going to give you?" The inspector asked.

"Fifty thousand!" Shi Lingdao.

"You agree?" The inspector asked.

"Nope. I thought it was too little, so I asked him for 100,000 yuan. He didn't have that much money in his hand, so he called a friend and borrowed 100,000 yuan, and I asked Huzi to get it. Shi Ling said.

"Presiding Judge, we're done." The inspector said.

"Appellant Shi Ling's defender asks questions." The presiding judge said.

"Appellant Shi Ling, what did you think after you entered the hotel room?" Fang Yi asked.

"I saw my wife Jiang Yu stealing men outside, I was so angry that I trembled, I beat the man, thinking that I would talk to her about the rest when I got home, after all, the ugliness of the family should not be publicized." Shi Lingdao.

"What did you think when the other party offered to give you money and let him go?" Fang Yi asked.

"I thought at the time, he seduced my daughter-in-law to do that, and I should pay compensation for it." Shi Lingdao.

"Who brought it up when the victim borrowed money from a friend to compensate you?" Fang Yi asked.

"It was the other party who brought it up. He promised to give me 100,000 yuan, but he didn't have any money in his bag, so he said to borrow it from a friend. Shi Ling said.

"Who called his friend and said about borrowing money?" Fang Yi asked.

"It was his own call, we didn't know his friend, and he was contacting his friend to borrow money from beginning to end." Shi Lingdao.

"The victim's friend didn't know Huzi, why did he give Huzi the money?" Fang Yi asked.

He called his friend and told him that a friend was going to get the money in a while, and told him what Huzi looked like and what he was wearing. As a result, Huzi only got 50,000 yuan, and I was arrested by the police. Shi Ling said.

"After the victim offered to give money, did you hit him again?" Fang Yi asked.

"No, it's all negotiated, how can I hit him again." Shi Lingdao.

"Why didn't you let the victim go at that time?" Fang Yi asked.

"Because at that time, Huzi went to get the money and didn't come back. I don't know if he's lying to me. Shi Ling said.

"Presiding judge, the defender has finished asking." Fang Yi said.

"Now that we will present and debate evidence, do the prosecutors, defenders, and appellants have any new evidence to submit?" The presiding judge asked.

"There is no new evidence." The three parties replied.

……

"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 will speak first. The presiding judge said.

"I don't think I am guilty of robbery......," Shi Ling defended his actions, repeating what he had thought about in the detention center.

(End of chapter)