Chapter 690 - Buying Murder and Hurting People
At the beginning of this year, She Qingyun returned to the village and after helping the family pay off the last famine, he filed for divorce from Song Dachun.
The family was already poor, and it was not easy for Song Dachun to marry a daughter-in-law, he thought that after the famine, he could live a good life, and the life of the family did not have to be as embarrassed as before, but the daughter-in-law filed for divorce, and he could not accept the divorce request made by his daughter-in-law. In order to tie She Qingyun and prevent her from going out to work again, he thought about it and made a bad idea.
A week before the Chinese New Year, Song Dachun found his cousin Yan Shaoxing in the next village, and instigated him to find someone to chop off the index finger and ring finger of She Qingyun's right hand, or cut off She Qingyun's ear, and told him that She Qingyun came back with a lot of money this time, and the matter was done, and all the property She Qingyun brought back belonged to him, which was regarded as a reward for doing things. At the same time, in order to prevent She Qingyun from suspecting himself, Song Dachun asked his cousin to make the scene of the crime a robbery.
Yan Shaoxing has no proper occupation, he also makes a living by farming, and usually likes to play two, so he found his gambling friend Zhou Deming that day and told Song Dachun's requirements. The two knew that She Qingyun had made a lot of money working outside in the past few years, and seeing that the New Year was over, Zhou Deming and the two of them had a total vote and then had a good time during the New Year, so they agreed to Song Dachun's request.
Yan Shaoxing and the two of them were too bloody to chop their fingers, mainly because they didn't have the guts, and finally decided to cut off their ears, but who would do it, the two couldn't make up their minds, and after being "polite", they finally drew lots to decide that Yan Shaoxing would do it.
On the night of the twenty-eighth day of the lunar month, Yan Shaoxing carried the newly bought pig-killing knife and Zhou Deming to lurk near Song Dachun's house, and that night Song Dachun deliberately quarreled with his daughter-in-law She Qingyun for the convenience of Yan Shaoxing and the two, and took his son to live at his parents' house.
At about two o'clock in the morning, Yan Shaoxing and the others, wearing masks and holding knives, climbed over the courtyard wall of Song Dachun's house, secretly opened the wooden door of the door, and entered the bedroom where She Qingyun slept.
She Qingyun, who was sleeping on the kang, heard the voice, and as soon as he raised his head, he saw a figure flickering, Zhou Deming had already gotten on the kang, and the knife in his hand was on She Qingyun's neck, Yan Shaoxing came over and asked She Qingyun for money. Although Song Dachun and Yan Shaoxing are cousins, She Qingyun only met Yan Shaoxing when they got married, and later She Qingyun went out to work for many years, and the two didn't know each other even if they met on foot. So She Qingyun didn't remember Yan Shaoxing at all.
In the middle of the night, two people suddenly broke into the house, She Qingyun was scared, and immediately told Yan Shaoxing that the money was put in the wooden box in the corner. Yan Shaoxing walked quickly to the wooden box, and after rummaging for a while, he found more than 2,000 yuan, and put a mobile phone and charger on the table into his pocket.
Zhou Deming was happy when he saw Yan Shaoxing's success, and suddenly found that She Qingyun in the nest was wearing a gold necklace around her neck, so he snatched it and snatched a gold ring from her hand (after verification by the public security organs, the gold ring and gold necklace were worth more than 3,000 yuan).
After that, Yan Shaoxing saw that She Qingyun had no other property, so he made eye contact with Zhou Deming, and finally Yan Shaoxing was nervous, and came to the kang head with a pig-killing knife, Zhou Deming pressed She Qingyun's head with his hand, the latter had a bad premonition, struggled and screamed, Yan Shaoxing only cut off half of her right ear with a trembling hand (forensic identification, constituting a serious injury).
Yan Shaoxing and the others were afraid that their neighbors would block them in the house, so they hurriedly fled the scene. After the village director learned that Song's house had been robbed, he immediately called the police.
After that, Zhou Deming and Yan Shaoxing were found to call the police when they were selling stolen goods, and then the two were arrested, and Yan Shaoxing bit Song Dachun out.
At one o'clock in the afternoon, Zhou Ying came to Fang Yi's office again, Wu Qinghui followed in like a fart, holding a book and a pen, sitting on the sofa like a primary school student waiting for class, unconventional, but his two eyes were secretly aimed at Zhou Ying.
"Xiao Zhou, you write the relationship chart of the characters of this case and the timeline of the crime on the whiteboard." Fang Yi smiled.
"Okay!" Zhou Jing picked up the pen and drew a horizontal axis on the timeline of the case and the order of the defendant's behavior according to the case file materials, and marked them all.
"What do you think of this case, let's talk about your views first." Fang Yi said with a teacup.
"Okay." Zhou Ying agreed, opened the laptop and said: "There are three defendants in this case, Zhou Deming, Yan Shaoxing and Song Dachun.
In my opinion, Zhou Deming and Yan Shaoxing constituted the crime of robbery, and they were robbed by entering a house, causing serious injuries to the victim in the course of the robbery, and the sentence is at least 10 years or more.
I have discussed with the lawyers in the group how to characterize the behavior of the defendant Song Dachun, and there are currently two opinions:
In the first opinion, although the defendant Song Dachun clearly instructed the defendant Yan Shaoxing to snatch away the valuable items brought back by She Qingyun, he subjectively only wanted to give the property brought back by his daughter-in-law to Yan Shaoxing and the others as remuneration for them, so as to induce Yan Shaoxing and the others to intentionally harm his wife, so as to achieve his goal of not allowing his daughter-in-law to go out to work.
The robbery was just a false appearance created by Song Dachun and Yan Shaoxing, in order to prevent She Qingyun's suspicion, and Song Dachun subjectively did not instigate Yan Shaoxing and the others to rob. Therefore, Song Dachun's conduct should only constitute the crime of intentional injury, not the crime of robbery.
In the second opinion, the defendant Song Dachun not only instigated the defendant Yan Shaoxing to commit intentional injury, but also instigated Yan Shaoxing to commit robbery, so Song Dachun not only constituted the crime of intentional injury (instigation), but also constituted the crime of robbery (instigation).
What do you think? After Zhou Ying finished speaking, she looked at Fang Yi and asked for his opinion.
"Xiao Wu, what do you think?" Fang Yi suddenly looked at Wu Qinghui who was sitting on the side, and the latter was secretly looking at Zhou Ying's back, thinking in his heart, when Fang Yi asked such a question, he looked confused, and he didn't know what Fang Yi was asking.
"Ahh I'll do it, you'll do it. Wu Qinghui replied very brainlessly.
Zhou Ying glanced at him helplessly. Fang Yi smiled, directly ignoring his existence.
Therefore, the key point of controversy now is: can the defendant Song Dachun's behavior constitute the crime of robbery? Is that right? Fang Yi asked at Zhou Ying.
"Yes, and whether Zhou Deming and Yan Shaoxing only constitute one crime of robbery, or whether they constitute the crime of robbery and the crime of intentional injury, and they will be punished concurrently. In fact, Song Dachun's problem was solved, and the two of them were basically convicted. Zhou Ying replied.
"Well, first of all, Song Dachun is guilty of abetting in this case, do you have no opinion on this?" Fang Yi looked at Zhou Ying.
"Well, Song Dachun instigated his cousin to commit a crime, which is an instigator." Zhou Ying nodded.
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(End of chapter)