"Judging from the development process of the whole case, the victim is the main party at fault in the cause of the case and the intensified development of the conflict.

According to the evidence in the case, from the time of the conflict between the two parties to the time the defendant committed the murder of the victims, Ma Wanping and Nie Xiaoqin, the defendant repeatedly went to the vegetable market management department and the public security bureau to report the problem and ask for a solution, but did not receive effective help.

Under the circumstances that the relevant departments asked the two parties to first resolve their own injuries and then negotiate a settlement, the victim Ma Wanping first led people to beat the defendant, and then repeatedly asked the defendant to take the victim Nie Xiaoqin to the hospital for examination, and repeatedly pestered and unreasonably forced each other.

Defendant Feng Yongtong saw that his wife's injuries could not be better treated, and that he had to be forced to treat the victim's injuries, which caused fear and resentment. And when the victim pestered the defendant again, the defendant's anger and resentment erupted, resulting in the victim's death and serious injury.

In addition, the village committee of the defendant's village issued a certificate proving that the defendant had always been law-abiding, had good conduct, did not steal or rob after being laid off, and supported himself, and requested leniency for the defendant. The vegetable market management department and dozens of merchants also jointly issued a document requesting that the defendant be dealt with leniently.

It can be seen from this that the defendant was not a vicious criminal, but only wanted to work honestly and diligently to make money and make the living conditions of his family better.

The defender believes that this case is clearly different from other cases of intentional homicide that have occurred in society and seriously endangered public order. Both in terms of the defendant's subjective malice and the degree of harm to society, it is weaker than ordinary intentional homicide cases.

To sum up, although the defendant Feng Yongtong's murder methods were cruel and the consequences were extremely serious, the defender drew the court's attention to the fact that the victim was primarily at fault in the course of this case, and that the defendant's homicide was entirely caused by the victim's repeated unreasonable forcing of the defendant to see a doctor, demanding high compensation, and the intensification of the conflict.

In view of the fact that the defendant Feng Yongtong truthfully confessed and pleaded guilty and accepted punishment after being brought into the case, the defender recommended that he be sentenced to death with a two-year reprieve. Complete. After Fang Yi finished his defense opinions, he looked at the defendant Feng Yongtong with a sympathetic expression, and the latter reached out and wiped the tears on his face.

Fang Yi had previously communicated with Feng Yongtong and Yuan Qingxiu about the defense plan, because it involved intentional homicide, and one died and one was seriously injured, Fang Yi believes that the court will not accept the recommended sentence of life imprisonment, but if the other party is considered to be at fault, the collegial panel may accept the sentencing recommendation of a suspended death sentence. This is the best result that Fang Yi can fight for Feng Yongtong.

Yuan Qingxiu knew that her husband's crime this time was too big, the other party died, and she understood the truth of killing to pay for her life, and it was already good to be able to save her husband's life, so she didn't have too many extravagances.

And Feng Yongtong thought that he was going to die this time, so he had no opinion on Fang Yi's defense plan, who would want to die if he could live, but he doubted that Fang Yi could really save his life.

……

After the adjournment, the collegial panel deliberated on the case, and then the presiding judge pronounced the verdict in court.

The Municipal Intermediate People's Court held that the defendant Feng Yongtong committed the assault with a knife, killing one person and seriously injuring another, and that his conduct constituted the crime of intentional homicide. The circumstances of the murder were heinous and the methods were cruel, and they should have been severely punished in accordance with the law.

However, there was a reason for the occurrence of the case and the intensification of the conflict in this case, and the victim was at fault to a certain extent. After the defendant was brought into the case, he pleaded guilty and showed remorse. In accordance with the provisions of Article 232, Article 48, Paragraph 1, and Article 57, Paragraph 1 of the Criminal Law, it was ruled that the defendant Feng Yongtong committed the crime of intentional homicide, and was sentenced to death, suspended for two years, and deprived of political rights for life.

Hearing the verdict, Feng Yongtong was stunned for a moment, and then tears flowed down instantly, he didn't expect that he would be able to live. In the auditorium, Yuan Qingxiu also hid her face and cried.

Although the people who came to listen felt that Feng Yongtong was a little wronged, after all, he killed someone, and the court left him with a suspended death sentence, and everyone felt that the sentence was fair.

After the adjournment, everyone began to exit the courtroom in an orderly manner, Wu Qinghui lightly touched Zhou Ying with his arm, and whispered in a voice that only two people could hear: "One dead and one seriously injured, I thought it was going to collapse!" ”

"In this case, the lawyer only has the fault of the other party to borrow, which is not easy to defend. There is too little room for lawyers to play. The defendant is indeed pitiful. Zhou Ying's eyes were complicated, and she said in a low voice.

In the corridor outside the courtroom, Fang Yi saw Yuan Qingxiu who was wiping her tears, and there were two women in their forties beside her, who were persuading her. When Feng Yongtong was taken out of the courtroom by the bailiff just now, she cried so much that she fainted, and it was the two women beside her who helped her out of the courtroom.

"Lawyer Fang......" After seeing Fang Yi, Yuan Qingxiu wanted to say something, but before she finished speaking, tears flowed out again.

"Let's go back! When the verdict is in effect, you can go and see him. Seeing Yuan Qingxiu like this, Fang Yi was a little unbearable, but he didn't know how to persuade her.

Eight days after the criminal verdict was issued, Fang Yi called the court to ask whether the procuratorate had protested against Feng Yongtong's case. The judge's assistant told him that the city procuratorate had lodged a protest against Feng Yongtong's case, and the reason for the protest was that the defendant had killed people in a public place with cruel means, serious consequences, and extremely bad social impact, and that he should be sentenced to death in accordance with the law and immediately executed.

In addition, the judge's assistant told Fang Yi another piece of news that surprised him, that the defendant Feng Yongtong was dissatisfied with the first-instance verdict and had already filed an appeal.

After hanging up the phone, Fang Yi was a little distracted, the procuratorate protested, the defendant appealed, but Yuan Qingxiu didn't contact him, this thing is a bit strange! Could it be that Yuan Qingxiu was not satisfied with her work and entrusted the second instance to another lawyer?

At this time, in a medium-sized law firm in the city, Xia Jun looked at Yuan Qingxiu opposite with a serious face: "Ms. Yuan, don't worry, I don't think it's a big problem." Lawyer Fang's defense is too conservative, which is why the court will give your husband a suspended death sentence.

In my opinion, after the conflict between your two families, the other party came to the door many times to beat and insult your husband, and later blackmailed your husband and wife, but the court of first instance found that the other party was at fault, I think this is because the court found that the facts are unclear, and the other party's responsibility should account for at least 50% or more. I think that's the direct cause of your husband's murder. Let's work hard, and there is a great possibility that the sentence of the second instance will be reduced. ”

Yuan Qingxiu looked at him and said suspiciously: "But last time the lawyer said ......"

"Don't you always say that lawyer Fang is not a judge, and his words must be accurate? Okay, go back and wait for my news. Xia Jun said with some unhappiness in his heart.

Since the verdict of the first instance was announced, Xia Jun has been eyeing Yuan Qingxiu.

(End of chapter)