The sound of the collegial judge reading out the first-instance verdict echoed in the courtroom. There were two female prosecutors sitting in the prosecutor's seat opposite Fang Yi, and their faces were frosty, making people afraid to approach.

……

"Next, the appellant Niu Shengming will first read out the appeal petition or state the reasons for the appeal." After the judge finished reading the first-instance verdict, the presiding judge looked at Niu Shengming in the defendant's seat expressionlessly and said.

"Presiding Judge and Judge: The reason for my appeal is that the court of first instance found that the facts were erroneous, and that Nong Chuanqing of the Investment and Development Company called me first and asked me to talk about compensation for the demolition of the house and ancestral grave.

I never thought of blackmailing Nong Chuanqing, I contacted Nong Chuanqing of the investment and development company, and negotiating compensation is a process of civil negotiation, and I never thought of blackmailing the investment and development company......

I request that the original verdict be annulled and that I be acquitted. Niu Shengming's body was very strong, but his eyes were a little uncertain, his hands holding the letter with the reasons for appeal were slightly trembling, and his voice was trembling.

"Defense Counsel Publishes Grounds of Appeal." After Niu Shengming finished his appeal opinion, the presiding judge continued the procedure with a stern face.

"The defender believes that the court of first instance erred in determining the facts and improperly applied the law.

Although the appellant, Niu Shengming, used threatening language and reached an agreement with the investment and development company through negotiation and obtained a huge amount of money, the defendant's claim was based on the fact that he enjoyed certain civil rights in the demolition of houses and graves, so the court of first instance erred in finding that the appellant had the subjective intent of 'for the purpose of illegal possession' in the constitutive elements of the crime of extortion, and the defendant could not be found guilty based on the available evidence. The court was requested to acquit the defendant in accordance with the law. Complete. Fang Yi expressed the above reasons.

……

"The prosecutor questioned the appellant about the facts ascertained in the first-instance judgment." The presiding judge looked at the prosecutor's bench.

"Okay, Presiding Judge." The female prosecutor read the outline of the question: "Appellant Niu Shengming, has your family signed the demolition agreement and the relevant agreement on the removal of graves?" Who signed it? ”

"It was signed, it was my mother who signed it. But I disagree, I have an objection to the amount of compensation. Niu Shengming replied.

"Have you ever raised an objection to the relevant authorities about the compensation standard for demolition? Or go to court? The female prosecutor continued.

"Nope." Niu Shengming shook his head.

"How did you meet Nong Chuanqing of the investment and development company?" The female prosecutor continued to ask.

"He called me to talk about compensation before, and then we got to know each other, and then we met a few times, all to talk about compensation." Niu Shengming replied.

"Your family has already signed a compensation agreement for demolition, why does the investment and development company still talk to you about compensation?" The female prosecutor looked at him.

"Nong Chuanqing didn't say it, but I guess it's because I wrote a JB letter about violations and violations of the law in the development process of the project, and it should be this letter that played a role." Niu Shengming recalled and said.

"What did you talk to Nong Chuanqing?" The female prosecutor then asked.

"I told him: If I don't meet my requirements, I will tell the relevant departments that this project is not legal, and that this project can't be carried out, anyway, that's probably what it means." Niu Shengming said.

He can't say it if he doesn't say it, and in the process of being arraigned before, the prosecutor asked him that there was a transcript, and that's what he said.

"How much did the investment development company give you?" The inspector asked.

"The investment and development company promised to give me 500,000 yuan, and gave me 200,000 yuan first, but the police took it away." Niu Shengming said truthfully.

"Presiding Judge, we're done." The female prosecutor looked at the judgment seat.

"Appellant Niu Shengming's defender asks questions." The presiding judge said.

"Appellant Niu Shengming, did you ask the relevant departments for compensation for demolition and relocation before you contacted Nong Chuanqing of the investment and development company?" Fang Yi asked.

"After requesting, I submitted a claim to the Demolition and Relocation Office, the Investment and Development Company and other units to compensate for the damage to my family's house and ancestral grave. Later, I wrote a JB letter and mailed it to the relevant departments, reflecting that there were violations and violations of the law during the development of the project. Niu Shengming said.

"Did you sign an agreement after you negotiated with Nong Chuanqing of the investment and development company?" Fang Yi asked.

"I signed it, and Nong Chuanqing asked me to sign a letter of commitment." Niu Shengming replied.

"What's on the pledge?" Fang Yi asked.

"I can't remember the specifics, but the main meaning is that after I get the money, I can't report the project to the relevant departments for violating laws and regulations.

Later, I felt that this was not right, so I went to the investment and development company to find him, and wanted to return the 200,000 yuan to the company and get the letter of commitment back, but the people who invested in the development company did not agree. Then I was caught. Niu Shengming said.

"Have you ever signed a separation agreement with your mother? Is there a division of joint family property? Fang Yi asked.

"No, I haven't signed a separation agreement. Since my father died, our family has not been separated, and we have all lived together. My family is just one child, and there is no need to separate the family. Niu Shengming said.

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

"Do the prosecutors, defenders, and appellants have any new evidence to submit?" The presiding judge looked at the three parties.

"There is no new evidence." All three parties answered.

……

"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 spoke very quickly, and apparently he had said this set of words many times.

Niu Shengming was still the same set of words as before, and he talked back and forth, which made people feel a little talkative, and was later stopped by the presiding judge.

"Appellant Niu Shengming's defender speaks." The presiding judge said.

"Presiding Judge and Adjudicator: The defender believes that the court of first instance erred in determining the facts and improperly applied the law. In this case, Niu Shengming's conduct did not constitute the crime of extortion for the following reasons:

1. Although the amount of compensation filed by Niu Shengming is huge, it is based on the civil dispute caused by the demolition of the house and the ancestral tomb, so it cannot be determined that he has the purpose of illegal possession.

2. Niu Shengming's JB does not belong to the means of "threat and coercion" in the crime of extortion, but is a method to fight for the disputed civil rights, and Niu Shengming's claim in this case is not active, but the result of the investment and development company's initiative to negotiate with him.

In summary, the court is requested to change the defendant's acquittal in accordance with law. Complete. Fang Yi expressed his opinion.

"It is now up to the Prosecutor to speak." The presiding judge said.

"Presiding Judge and Judge: We believe that the facts ascertained by the court of first instance are clear, the law is correctly applied, and based on the evidence in this case, the appellant has obvious acts of extortion, and we request the court to reject the appellant's claim in accordance with the law. Complete. The female prosecutor commented.

(End of chapter)