Chapter 1074, 1075 Unbelievable
"That's what happened. Is there anything you need to ask? Song Hui looked at everyone. His trainee solicitors have written down the main information of the case on the whiteboard for everyone to see.
"Lawyer Song, do you mean that the defendant Gong Da ignited natural gas and attempted suicide, but the defendant standing at the center of the explosion did not die, but killed the people in the corridor outside the house, is that true?" Cao Yongzheng asked curiously.
"Yes, that's what it means. And that's exactly what happened. Song Hui nodded.
"Why is this happening? Is there a mistake? Cao Yongzheng felt that this was a bit unbelievable.
Not only him, but the other people in the room also found it incredible, in a normal person's cognition, this is unscientific. Why are the people standing at the center of the explosion alive, while the people outside the door are killed?
"Also, why did it blow up the floor of the bedroom? Shouldn't it blow through the floor of the kitchen? After all, the center of the explosion was in the kitchen, not the bedroom, is there something else hidden in it? Yun Qiao asked.
"Yes, Lawyer Song, this is incredible. Did anyone ask this question at trial? Lee Myung-bak also asked. He thought it was a point, and maybe he could dig something up.
"At the time of the trial, the prosecutor invited an expert to explain the issue.
According to the explanation of experts, natural gas explosions do have the characteristics of being damaged more seriously at a location far away from the explosion point, and the explosion at the ignition point that causes the explosion is often not violent, and the shock wave can form a more violent explosion at a distance through conduction, and it is said that this phenomenon exists in a large number of practical cases, but the specific principle of forming this phenomenon has yet to be studied, and experts do not understand.
According to experts, although the explosion occurred in the kitchen, it caused more serious damage in the bedroom and outside, which is consistent with the characteristics of a natural gas explosion.
Based on the evidence on record and relevant arguments, it can be determined that the two explosions in Room 301 and Room 201 were caused by natural gas released by the defendant Gongda.
I looked it up on the Internet, but in judicial practice, there are not many cases where an explosion caused by the intentional release of natural gas constitutes a crime, so there is not much experience to learn from. Song Hui explained.
"This question is indeed too professional and beyond the understanding of ordinary people. So you can only listen to the experts. After all, such cases are uncommon. After Meng Guangda finished speaking, he turned his head to look at Fang Yi: "Lawyer Fang, what do you think?" ”
"Well, I don't think we need to dwell on that, after all, we're not experts in natural gas. Have more questions? Fang Yi said.
"I think so, from the release of natural gas to the damage to other people's personal and property, it generally takes a certain amount of time, including a long time to release natural gas, indoor natural gas to reach a certain concentration, natural gas is ignited, explosion during combustion, explosion caused by explosion and a series of links such as personal and property losses.
Natural gas is a flammable and explosive gas used every day, and the time point of the explosion is the time when each household is ready to cook, and there may be multiple users who use natural gas before the explosion.
Before it is established that the natural gas that caused the first and second explosions came from the natural gas deliberately released by the defendant, the possibility of the explosion caused by the leakage of natural gas from other users should be ruled out. A female lawyer named Ji Hongying, who was transferred with Lee Myung-bak, said suddenly.
This lawyer Ji Hongying is one of the three senior lawyers mentioned by Lee Myung-bak, who has been practicing for five or six years, and usually has a very low sense of presence and is relatively quiet. Today's speech attracted Fang Yi's attention, he didn't expect Ji Hongying to think so carefully.
"I think what Lawyer Ji said is reasonable, we can use the exclusion method to see if we can eliminate all reasonable doubts, although the court has already made a judgment first, but if we comb through it again, maybe we can find some doubts that have been omitted." Fang Yi affirmed Ji Hongying's speech, new lawyers need encouragement, no matter what they say is right or wrong, as long as they put forward their opinions is the first step to integrate into the team, it is better than sitting and not speaking.
"Let me talk about my thoughts, it is very important to determine whether the small explosion that occurred upstairs and the large explosion in the defendant's home were both caused by the leakage of natural gas in the defendant's home, and it involves the issue of conviction and sentencing.
Is it possible that there was also a gas leak from the upstairs occupants or other occupants during the same time period; In addition, will other flammable and explosive substances explode and trigger natural gas combustion? Du Yong leaned on the sofa and touched his chin and said. After speaking, he looked at Song Hui.
This kind of issue is something that only the lawyer involved in the trial has a say, because others have limited knowledge of the circumstances of the case and are not familiar with it at all.
"This is unlikely, and the evidence on record is sufficient to conclude that the two explosions were caused by the natural gas leakage from the defendant Gong Da's home, and that there is a causal relationship between his act of cutting the natural gas hose with a knife and releasing natural gas and the two explosions, and the main evidence includes:
1. The evidence on record shows that the first explosion in Room 301 was caused by natural gas released from Room 201 where the defendant Gong Da lived. Evidence includes:
1. Defendant Gong Da's confession that at around 9:40 a.m. that day, he cut the natural gas hose at his home, and by 11 a.m., a large amount of natural gas had leaked when the explosion occurred in 301 upstairs.
According to the appraisal agency, there is a large gap between the gas pipes and water pipes of the two-story building and the floor slab, and the natural gas released in room 201 can diffuse from the gap to the kitchen of room 301.
2. The testimony of the residents of Room 301 confirmed that the natural gas in the home was in normal use, that they were cooking at the time of the explosion, and that the explosion occurred one or two minutes after the ignition occurred, and no other abnormal conditions were found.
During the on-site investigation, the technical staff of the public security organ inspected the kitchen of room 301, and the natural gas-related equipment was normal.
Combining these two reasons, the possibility of a natural gas leak in the kitchen of Room 301 can be ruled out, and the natural gas that permeated the kitchen of Room 301 and caused the explosion could only come from Room 201 downstairs.
The phenomenon that the kitchen stove in room 301 exploded only one or two minutes after ignition is also in line with the characteristics of natural gas combustion and explosion. According to experts, the concentration of natural gas around the gas stove is not high after ignition, so there is no explosion, and with the infiltration of leaking gas downstairs, the concentration of natural gas in the air near the flame will explode after reaching a critical point.
2. The second explosion occurred in Room 201 and was triggered by the defendant Gong Da turning on the lights and igniting the natural gas leaking from the kitchen. Key Evidence:
1. The on-site inspection and inspection records confirmed that the natural gas hose in the kitchen of room 201 was cut off and the fracture was fresh, and the explanatory materials issued by the gas company confirmed that the gas consumption of the household increased sharply in the month of the incident, indicating that the natural gas hose of the household was artificially cut, resulting in a large amount of natural gas leakage. The above situation can be mutually corroborated with Gong Da's confession of cutting the natural gas hose with a knife in order to commit suicide.
2. The security door and door lock of room 201 were bent from the inside to the outside, and the upper and lower floors of the bedroom were blown through, and the appraisal opinion also confirmed that the residual components of natural gas explosion combustion were detected on the mirror fragments extracted from the room, indicating that there was a violent natural gas explosion in the room, and the explosion formed a strong shock wave to spread to the surroundings.
The security door of room 202 where the deceased victim Deng Chunji lived was bent from the outside to the inside, and there were many traces of displacement and damage caused by gas shock waves in the room, but there were no traces of combustion, indicating that room 202 was damaged by the blast wave from the outside, and there was no explosion in the room.
3. The physical and chemical inspection report confirmed that the same substance was detected from Gong Da's body and the orange-yellow attachment left in the kitchen, and the appraisal opinion confirmed that the ignition source of the explosion was the spark of the kitchen light switch, and the above circumstances corroborated each other with Gong Da's confession of the explosion that occurred when the lights were turned on after entering the kitchen.
To sum up, it can basically be ruled out that there is a natural gas leak in the upstairs residents or other households mentioned by Mr. Du just now, as well as the situation that other flammable and explosive substances cause natural gas combustion and explosion after the explosion. Lawyer Song said.
After hearing this, everyone fell into deep thought, mainly because everyone had never been in contact with this kind of case, and they didn't know where to start, just like a tiger caught a hedgehog and wanted to have a good meal, but they just couldn't find a place to put their mouths.
"Generally, natural gas explosions must reach a certain concentration, which is what experts call the critical point. With about two hours from the release of the natural gas to the time it causes the explosion, can this time allow the natural gas in the room to reach the concentration of the explosion and produce such a large amount of damage? Fang Yi picked up the teacup, looked at the hot air rising in the cup, and suddenly turned his head to look at Song Hui.
The expert who appeared in court at the time also explained the issue.
According to experts, the amount of natural gas in the air will cause an explosion when it reaches a certain percentage (generally 5%-15%), but the total amount of natural gas released by the defendant after cutting the hose at that time is no longer possible to accurately calculate.
As a rule of thumb, two or three hours after the release of natural gas is enough to reach the concentration where an explosion occurs. Room 201 has a floor area of 40 square meters (the actual usable area is unknown), and the floor height of this type of house is usually 2.8 meters, considering that the indoor facilities, furniture, supplies, etc. still occupy a certain volume, so the actual volume of gas that can be accommodated is significantly less than 90 cubic meters.
The gas meter in the room showed a maximum release of 4 cubic meters per hour, and about 8 cubic meters of natural gas could be released in the interval of about two hours between cutting the hose and the second explosion according to Gongda.
Considering that it was winter, the windows were closed, and the indoor sealing was good, theoretically if there was no leakage of natural gas, the indoor concentration would be 8.9% (the total indoor volume was calculated as 90 cubic meters).
Taking a step back, even if some natural gas leaked to the upper floor, considering that the actual volume of gas contained in the room was less than 90 cubic meters, and the concentration of natural gas in the kitchen may be relatively high, there is no obvious contradiction between scientific common sense and the determination that the concentration of natural gas at the time of the explosion in the room, at least locally, had reached the critical point of explosion.
In other words, in the absence of other flammable and explosive substances, the natural gas in the chamber is enough to burn and explode after encountering an electric spark.
Although the calculations of the above-mentioned experts are not accurate, in the absence of contrary evidence, they are still very helpful in explaining the cause of the explosion, and the credibility is relatively high.
In addition, the on-site investigation and relevant technical appraisal submitted by the procuratorate showed that no traces of the explosion of flammable and explosive substances other than natural gas were found at the scene. Song Hui said.
After listening to Song Hui's words, everyone completely lost their thoughts, this case must have been due to the combustion of natural gas, which caused an explosion that caused one death, several minor injuries, and a lot of property damage.
"This case is a death sentence, and it has been submitted to the Supreme People's Court for approval." Song Hui saw that everyone stopped talking, and a sense of powerlessness rose in his heart. It seems that this case is out of play.
"Judging from the facts of the case just discussed, the defendant in this case did constitute the crime of endangering public safety by dangerous means, and there is no problem with his conviction. The key now is sentencing.
Personally, I think there is a certain difference between this case and the use of dangerous methods to endanger public safety for the sake of BF society.
In view of the fact that the defendant committed the criminal act for the purpose of committing suicide, which was subjectively indirect and intent, and the harm to society is less than that of other crimes that endanger public safety by dangerous means, I believe that the court's application of the death penalty to the defendant is somewhat excessive, and it may be more appropriate to apply a suspended death sentence. Fang Yi said after pondering for a moment.
"Well, I agree with Lawyer Fang. At present, the issue of conviction should not be considered, mainly in terms of sentencing, whether there is a chance. Du Yong very much agreed with Fang Yi's opinion.
"Lawyer Song, I also think that Lawyer Fang's suggestion is feasible. At the moment, there is no better way to defend yourself. I checked it on the Internet with my mobile phone just now, and this case has also been reported on the Internet, and there are many people who pay attention to it, so it is impossible to give a light sentence, but the immediate execution of the death penalty is too heavy, so it may be preferable to have a suspended death sentence.
Of course, this is all our idea, if such a big thing happens, the provincial high court must not only consider the legal effect, but also consider the social effect, and how the Supreme Court will decide in the end depends on the luck of the defendant. Meng Guangda said.
The lawyers in the house are all insiders, so they naturally understand what Meng Guangda means. The judges of the Supreme People's Court are still very professional, and their views on cases are hardly swayed by the opinions of lawyers. So no matter what the lawyer thinks or says, in the end, it depends on how the judge views the case.
"Well, that's the only way to defend it." Song Hui nodded, it is better to have a direction than nothing.
Fang Yi looked at Song Hui and sighed in his heart: Lao Song's luck is really invincible, he can be found in such a difficult case, I don't know when Lao Song will be able to transfer. But then again, blessings and misfortunes depend on them, and misfortunes and blessings are caused, and maybe bad things are also good things, who can say for sure.
……
After the regular meeting ended, everyone left the office one after another.
Lee Myung-bak stopped Du Yong.
"Lawyer Du, the collegial panel announced the verdict in the case of Song Rongming's crime of seeking gaps and causing trouble, and the verdict will be issued in a few days." Lee Myung-bak said.
"Is it the case of a high school student robbing a junior high school student's money? How did the court find out? Du Yong was just about to lift his butt and leave, and sat back on the sofa.
"The court finally found that the defendant Song Rongming did not constitute the crime of robbery, but the crime of picking quarrels and provoking trouble, and sentenced him to one year in prison." Lee Myung-bak looked at Du Yong and said.
(End of chapter)