Chapter 1078: The Pain in My Heart (Book friend Master Geng, Geng Zhen is here!) )
Ten minutes after the adjournment, the presiding judge pronounced the verdict in court.
"The case has been deliberated by the collegial panel and a judgment has been formed. In response to the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:
…… Defendant Lu Ye clearly knew that the victim was an underage girl, but still had an X relationship with her, and his conduct constituted the crime of rape. The prosecution was convicted of the offence charged.
However, the prosecution's accusation that Lu Ye had a relationship with the victim for the first, second, and third times was insufficient evidence that he knew that the victim was an underage girl, and did not confirm this part of the alleged facts. Lu Ye voluntarily pleaded guilty in court, and may be given a lighter punishment as appropriate.
In accordance with the provisions of paragraphs 1 and 2 of Article 236 of the Criminal Law, the judgment is as follows: Defendant Lu Ye committed the crime of rape and was sentenced to three years imprisonment. ”
The sentence imposed by the court was the minimum sentence originally estimated by Du Yong in accordance with the provisions of Article 236 of the Criminal Law, and the defendant Lu Ye had no statutory reason for mitigating the punishment, and the three-year prison sentence was already the best result.
After the verdict, Lu Ye in the defendant's seat kept wiping his tears with his hands, sobbing and being taken out of the courtroom by the bailiff. Although the verdict of this case met Du Yong's expectations, just like the previous Song Rongming case of picking quarrels and provoking trouble, Du Yong had no sense of pride in his heart, only endless sadness and regret.
"Lawyer Du, how is my son's case?" As soon as Du Yong walked out of the gate of the court, Lu Shouqing and his wife, who had been waiting outside the gate of the court, walked over quickly, Han Yuhong was so confused that she didn't pay attention to her feet, and almost tripped over a raised floor tile.
"The court has already sentenced, three years! The verdict will come down in a few days. Du Yong's face was serious.
Lu Shouqing and Han Yuhong were stunned, although they were prepared, and Du Yong had told them that they might be sentenced before, but their husband and wife still felt a little spinning.
"Mr. Lu, Ms. Han, go back first, the court sentenced Lu Ye to three years in prison, which is a discount from the previous months of detention, and the actual sentence is less than three years.
If Lu Ye behaves well, he will definitely be able to reduce his sentence and come out early. Du Yong's words fell, and Lu Shouqing was stunned.
"Well, thank you, thank you, Lawyer Du." Lu Shouqing's eyes lit up.
Du Yong didn't understand why he was like this. But then after thinking about it again, I suddenly understood that the word "commutation" must have worked on him.
After the first-instance verdict was announced, Lu Ye did not appeal, but the procuratorate raised a protest, arguing that the evidence accusing the defendant Lu Ye of raping the underage girl four times was credible and sufficient, but the original judgment only found that the rape was made once, which was an error in the determination of facts, and submitted that the second-instance trial be changed.
The Lu family once again entrusted Du Yong to defend the second instance of Lu Ye's rape case.
The Municipal Intermediate People's Court held through closed trial that neither the prosecution nor the defense presented new evidence in the second-instance trial, and the procuratorate counter-appealed that when the defendant Lu Ye and the victim had four X relationships, they all knew that the victim was under the age of 14 and had insufficient evidence, so it was not accepted.
Based on the facts and circumstances of this case, the original judgment correctly applied the law, and the conviction and sentencing were not improper. The procuratorate's grounds for protest cannot be sustained. Accordingly, the Municipal Intermediate People's Court ruled to reject the protest and uphold the original judgment.
Of course, that was a few months later.
……
On the morning of this day, Meng Guangda was busy with his work and was chatting with Yu Wendong about the case, when a young male lawyer with thick eyebrows and big eyes walked over.
"Lawyer Meng, is it convenient for you?" The thick-eyed and big-eyed male lawyer looked at Meng Guangda with a smile.
"Convenient, what's the matter with you?" Meng Guangda smiled.
The thick-eyed and big-eyed male lawyer in front of him is one of the six criminal lawyers who followed Lee Myung-bak to turn over, named Geng Zhen, who has been practicing for two years, and it is said that he used to study computer science, and after graduation, he changed careers to become a lawyer. It's just that Meng Guangda had little communication with him before, and the two sides were not so familiar with each other.
"That's right, Lawyer Xie gave me a case of intentional homicide the day before yesterday. There are some questions that I can't get my hands on, so I'd like to ask you some questions. Geng Zhen said.
Several senior lawyers who came over with him today either went out for a court session or went to meet with them, and they were not in the office, and he didn't know who to turn to when he encountered a problem.
"It's not about asking for advice, let's discuss together. Boss Fang has gone to court, let's go to his office to talk. Meng Guangda said, got up and walked towards Fang Yi's office with Geng Zhen.
Yu Wendong was curious and didn't know what case Geng Zhen was going to discuss, so he went to the office with him.
The three of them sat at the tea table, and Yu Wendong skillfully made tea for the two. Because of Fang Yi, most of the lawyers in his team like to drink tea, after all, some people provide tea for free, and drinking tea can relieve visual fatigue and be beneficial to the body, so why not drink it.
"Lawyer Meng, this is the case file. There are two defendants in this case, and lawyer Lee Myung-bak and I are each responsible for one defendant.
Yesterday I went to see the defendant in the detention center, but I and Lawyer Li have some different views on the case, so I would like to ask you. I'll first introduce the case to you and lawyer Yuwen......" As he spoke, Geng Zhen introduced the case.
Meng Guangda looked through the case file and listened to him talk about the case. Yu Wendong habitually got up, picked up the pen, stood in front of the whiteboard, and silently recorded the key information of the case.
The defendants in the intentional homicide case undertaken by Geng Zhen and Lee Myung-bak are a young couple. The man's name is Chi Yunfa and the woman's name is Qi Renxia, both of whom are locals and live in a village in a remote mountainous area.
In the second year after getting married, the young couple came to the county to get a breakfast stall, and they got up early every day and worked hard at night, except for paying rent and various taxes and fees, they couldn't make a lot of money.
At the end of September last year, the defendant Qi Renxia gave birth to a baby girl in the county hospital, and the people in the village are more patriarchal.
After examining the child, the doctors told the couple the unacceptable news that their daughter had been diagnosed as a syphilis carrier and would be left with a disability when cured.
After hearing the doctor's words, the two were like a basin of cold water poured on a cold day, and the husband and wife saw shock, helplessness and pain in each other's eyes.
On the night she learned the news, Qi Renxia cried all night, and Chi Yunfa ran outside the ward, squatting by the flower bed and smoking cigarettes for a night.
Early the next morning, when Chi Yunfa, whose eyes were red and smelled of cigarette oil, whispered to his daughter-in-law that Qi Renxia's child could not stay, Qi Renxia did not make noise or cry anymore, but reluctantly looked at her daughter who had just been born for two days, and the pain in her heart could not be expressed in words.
(End of chapter)