Chapter 666 is very unhappy
Just now, when Zhou Ying ran into Fang Yi's office with a document, Wu Qinghui also followed.
"What are you doing with a teapot?" Zhou Ying turned around and saw Wu Qinghui following behind him with a glass teapot and asked.
"Ah...... It's okay, I'll see if there is any water in Lawyer Fang's teacup. Wu Qinghui was stunned for a moment, and then came to Fang Yi's desk.
"Xiao Zhou, what's the good news?" Fang Yi asked.
"Do you remember the case of Yang Rongwei's robbery that I told you about last time?" Zhou Ying said excitedly.
"Yang Rongwei?" Fang Yi looked at Zhou Ying suspiciously.
"It's a case of burglary, beating the victim into a case of serious injury. The court of first instance sentenced the defendant to a suspended death sentence, and the second-instance court changed the sentence to death for immediate execution, and the Supreme People's Court conducted a death penalty review. Zhou Ying said.
"Come to my senses, the results of the Supreme Court's death penalty review of that case have come down?" Fang Yi asked.
"It came down, and the Supreme Court reversed the verdict, which is the judgment of the Supreme Court.
After review, the Supreme People's Court held that the defendant Yang Rongwei entered the house by violent means to rob other people's property, and his conduct constituted the crime of robbery, and the criminal methods were cruel and the circumstances were heinous, causing serious consequences of serious injury to the victim, and should be punished in accordance with law.
The facts ascertained in the first- and second-instance judgments are clear, the evidence is credible and sufficient, the conviction is accurate, and the trial procedures are lawful. However, in view of the fact that the defendant Yang Rongwei was a first-time offender, the consequences of the crime were not particularly serious, and he had a good attitude in admitting guilt after being brought into the case, he was sentenced to death, and he may not be immediately executed.
The first-instance judgment was appropriately sentenced, but the second-instance judgment was improper, and should be corrected. The verdict reads as follows:
1. Revoke the sentencing portion of the Provincial High People's Court's criminal judgment against defendant Yang Rongwei;
2. Defendant Yang Rongwei committed the crime of robbery and was sentenced to death with a two-year reprieve, and deprived of political rights for life; and confiscation of all personal property. After Zhou Ying read the verdict of the Supreme People's Court, she handed the verdict to Fang Yi.
"Wocao, robbed the victim and seriously injured the victim, and was sentenced to a suspended death, why are you so happy? Shouldn't it be punished severely? Wu Qinghui said with a sense of justice.
"As an ordinary person, there is nothing wrong with you saying this, but as a legal person, it is a little inappropriate for you to say this, any crime must pay attention to the degree of harm, if it is not a heinous crime, it cannot be sentenced to death, understand?" Zhou Ying said old-fashionedly.
"Understood, I'll write it down in a small notebook when I get back in a while." Wu Qinghui said very doggyly.
"Lawyer Fang, I'll go back first." After Zhou Ying finished speaking, she turned around and went out with heroic steps.
"Hey! Don't look at it, there's no one to be seen. Fang Yi smiled and looked at Wu Qinghui and reminded that the latter was standing aside and looking out of the door with his neck stretched, as if his soul had been taken away by Zhou Ying.
Wu Qinghui looked embarrassed, and said with a smile: "I mainly want to add some tea to you." ”
"Forget it, you're black tea, I'm green ......tea," Fang Yi smiled.
Gu Changfu's case has finally been heard, and although Wu Qinghui cannot sit on the defense bench, he can apply to be an observer. Gu Changfu's wife and Lu Zhengfeng were also in the audience.
Sitting side by side with the two female prosecutors was the lawyer representing the criminal attached civil lawsuit, and the victim's family in this case entrusted a lawyer to claim 500,000 yuan in compensation from the defendant.
Fang Yi sat on the defense bench and listened to the prosecutor read out the indictment, while looking at the copy of the indictment.
“…… This court believes that the defendant Gu Changfu had a grudge with the victim Li Tao in the bathroom of the barbecue restaurant, and the latter two beat each other in the barbecue restaurant, which eventually caused the victim to be stabbed to death by a broken wine bottle that he held.
The defendant's conduct violated article 234 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is credible and sufficient, and criminal responsibility shall be pursued for the crime of intentional injury.
In view of the fact that the defendant Gu Changfu pleaded guilty and accepted punishment, and that the victim had a certain degree of fault, a lenient disposition may be given on the basis of article 15 of the "Criminal Procedure Law of the People's Republic of China". In accordance with the provisions of article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated, and a sentence is requested in accordance with law.
The indictment has been read out. The female prosecutor read out with a righteous face.
"Defendant Gu Changfu, did you hear clearly the indictment read out by the prosecutor just now? What crime are you accused? Do you dispute the facts of the crime charged against you in the indictment? "The presiding judge is a middle-aged female judge in her forties with short ear-length hair.
"I heard clearly, I disagreed with the charges and I did not consider that I had committed a crime and that my actions were justified in self-defense.
At that time, when there was an argument in the bathroom, I didn't put urine on Li Tao's shoes at all, because he found fault and wanted to beat me, and was later persuaded to leave. After I arrived in the hall, Li Tao came to me with two more people, and it was he who made the first move......" Gu Changfu argued.
When Fang Yi saw him before, he analyzed the case. Back then, Gu Changfu relied on his own hard work to obtain the qualification to study abroad, and he studied for a doctorate, and his brain was definitely enough. He knew that if he confessed, he would most likely be ruined in this life and would become a victim of competition between companies.
So when Fang Yi left the detention center, he immediately made a decision.
After listening to Gu Changfu's defense, the two female prosecutors sitting in the prosecutor's seat immediately widened their eyes, and their faces were frosted. When he was in the detention center before, Gu Changfu pleaded guilty and accepted punishment, and he immediately turned it over when he went to court, which is too dishonest.
"The prosecutor may interrogate the defendant about the facts of the crime charged in the indictment." The presiding judge glanced at the prosecutor and said.
"Defendant Gu Changfu, have you ever noticed someone next to you when you were in the bathroom?" The female prosecutor asked coldly.
"I noticed, but I was at a distance from the other party, and I didn't turn around, so it was impossible to spill urine on his shoes." Gu Changfu explained.
"If you don't sprinkle it, why doesn't the victim hit someone else and wants to hit you?" The female prosecutor asked.
"I'm going to say that the victim is looking for nothing, do you believe it? I didn't do anything, how could I possibly know why he was bothering me? Gu Changfu was very unhappy in his heart.
"How did you fight in the halls?" The female prosecutor was more unhappy than him, and her tone was even colder.
"Or because of the incident in the bathroom, he brought two people over to find fault and asked me for 10,000 yuan in compensation." Gu Changfu Road.
"What did you think at the time?" The female prosecutor asked.
"I thought at the time that more things are better than less things, but the victim's request for 10,000 yuan in compensation is simply an open robbery, and they are slandering people. My classmates wanted to call the police, and they rushed up to grab the phone, and the two sides started fighting. Gu Changfu said truthfully.
"Defendant, who did you and the victim do first?" The female prosecutor asked.
"He made the first move." Gu Changfu Road.
"How did he do it? What actions did you make? The female prosecutor asked.
(End of chapter)