Chapter 392 Counterparty Judgment! Is this going to win?

After hearing the content of the defenses of all parties, the presiding judge Xu Rufeng briefly sorted them out.

According to the current defense of the three parties.

It can be clearly felt that the statement of the lawyer entrusted by the defendant has a certain basis and occupies a part of the advantage.

Why?

Because the lawyer's lawyer entrusted by the defense emphasizes the voluntary surrender, under what circumstances.

What kind of meritorious performance does it have?

The defense retained a lawyer, which is emphasized from this aspect.

The prosecution and the victim's lawyer emphasized the aggravating circumstances.

But there was no strong persuasion.

Of course.... Although it is said that the defense counsel has placed great emphasis on this aspect.

But in fact, the core point of the case still comes back to one issue.

That is, if a voluntary surrender has made meritorious service, should the punishment be mitigated in this case, and the death penalty should be given a suspended death sentence.

This is the biggest point of contention in this case!

Of course, there are other small controversies, such as whether Dong Baihao premeditated to infringe on Dong Guoguo.

This kind of premeditation does not mean that there is a specific implementation plan, but whether there is such a mentality or idea beforehand.

At the end of the day, it's a subjective question.

In addition, a more important point is that Dong Baihao knows whether Dong Guoguo is just ten years old.

This question is also a key point.

Assault occurs because you are known to be under 14 years of age, that is, to force a young child.

Violations occur at the age of 14, and the age of 14 is defined by law as a woman.

Young children and women are different concepts.

In this case, if Dong Baihao knew that Dong Guoguo was just 10 years old, or that he knew that he was under 14 years old.

Then the nature of the case changes.

The nature of the case will become a subjective assault on an underage girl!

Although in objective facts there is no change.

But through this subjectivity, the judgment of the severity of the circumstances can be aggravated!

Whether the circumstances of voluntary surrender are used for mitigating the sentence also need to be viewed from these two points.

On the judgment seat, Xu Rufeng struck the gavel:

"Now the parties' preliminary pleas have been concluded."

"The content of the parties' defenses is now summarized."

"One: Did Dong Baihao have indecent and harmful thoughts about Dong Guoguo before?"

"Two: Does Dong Baihao know that Dong Guoguo is under the age of 14."

"For the first point, can the relatives of the victim tell us in detail whether Dong Baihao did any abnormal measures to Dong Guoguo before the case?"

Faced with the behavior, Feng Yunxia looked a little nervous, stood up, and didn't know how to answer.

Li Xuezhen on the side whispered:

"Just answer truthfully, and the presiding judge will carefully distinguish the content of your statement and ask you questions."

Hearing Li Xuezhen's voice on the side, Feng Yunxia was relieved.

And replied: "Yes." ”

"This feeling is actually not something I only had after I knew that Dong Baihao killed my daughter, but I had it before."

"It's just that I haven't figured out what this situation is before, and after learning that Dong Baihao killed Guoguo, I figured out the purpose of Dong Baihao's doing this."

"Hmmm! The collegial panel has already understood this point, so let's explain how it came to be, and what Dong Baihao has done. ”

Hearing the presiding judge's words, Feng Yunxia nodded:

"It's just that sometimes Dong Baihao, when the two of us meet at the entrance of the village, we occasionally talk about family life."

"For example, talk about whether you have eaten or not, or say hello."

"Generally, the greetings at this time are just a brief chat, and they will not say anything more in depth."

"But Dong Baihao is different."

"When he met me in the village, I would talk to him about family matters, and he would suddenly ask me how my daughter was doing."

"I will also say how beautiful my daughter is, and how sorry it is when my daughter gets married in the future."

"I even joke that my daughter doesn't know which guy will be cheaper in the future."

"I used to hear that and I always thought it was weird."

"Because although I am from the same village as him, the relationship between me and him is not good, just a normal relationship with the same village."

"My daughter and he don't have much to do with him."

"It stands to reason that he shouldn't have asked these questions because it has nothing to do with him."

"Also, my daughter told me before that Dong Baihao often said something ridiculous when she met her."

"For example, if you have a boy you like or something."

"And looking at her eyes makes her very uncomfortable."

"What I was thinking at the time was that it was all from a village, and maybe I met a child, so I teased me and didn't think about anything else."

"But... But I didn't expect that Dong Baihao would be this kind of person and have this kind of thought about my daughter. ”

"If I had been a little more vigilant at the beginning, and had taken Guoguo's words to heart at the beginning, if I thought about it this way, I might have realized that Dong Baihao had this kind of thought."

"It wasn't until it happened that I realized it wasn't right...."

“.….”

The more Feng Yunxia spoke, the more sad she became, and her statement in the court was choked up for a while.

It took nearly five minutes to tranquil the whole thing to almost make it clear.

After listening to Feng Yunxia's statement, Xu Rufeng nodded slightly.

"Okay, the collegial panel has understood the statement of the victim's family, and I ask the victim's family to ease their emotions."

"The trial continues."

Immediately after, Xu Rufeng looked at the defendant's attorney's seat.

"Is there anything the defendant has to say about the statement of the victim's family?"

After hearing the presiding judge's question, Yu Cheng nodded.

"Some presiding judges."

In fact, Yu Cheng had already made various expectations for this case before the trial.

The relevant information has been organized.

Like this question, Yu Cheng has already asked Dong Baihao about related matters and how to answer it when he is ready.

Hearing the presiding judge's question, Yu Cheng immediately spoke:

"Presiding Judge, I don't think the statements of the victim's family can be used as evidence to determine that our client had previous thoughts of aggression against Dong Guoguo."

"Let's start with the statements of the victims' families."

"What is the statement of the victim's family?"

"What the victim's family stated is that Dong Baihao will guide the topic to Dong Guoguo from time to time, and guide Dong Guoguo's future partner."

"There is a premise here, under normal circumstances, the topic will not be quoted outward, just ask a few words and simply say hello."

"Feng Yunxia is through, Dong Baihao's greetings are more common, and there are doubts."

But what does that mean? This can only show that Dong Baihao and Feng Yunxia met and greeted each other closely. ”

"And Feng Yunxia is a single mother, Dong Baihao asked about Feng Yunxia's daughter."

"It's also a way to get closer."

"Isn't that a very normal thing?"

"Or the injured party thinks that this way of getting closer to each other is a bit inappropriate, but Dong Baihao did not do anything else."

"If you just ask Dong Guoguo many times, you will find that Dong Baihao has such a premeditated plan."

"Then I can only say that this way of finding guilt is too simple, and I think this way of finding guilt is completely equivalent to false accusation."

"There is no legal basis or actual evidence."

"Again."

"The victim's family stated that our client would tease Dong Guoguo when he met her."

"There is no substantial harm in this kind of ridicule, and Dong Baihao didn't start directly when he met Dong Guoguo, or he did it directly."

"As for what the victim's family said, there are eyes that make Dong Guoguo feel uncomfortable."

"This kind of look may be a misunderstanding caused by Dong Guoguo's dislike of Dong Baihao."

"It's possible."

"From our point of view, Dong Baihao may just be out of concern for a group of fellow villagers."

"So there was an idea that the victim's family had a premeditated idea."

"Based on the above statements, it can be clearly seen that the content of the statements made by the victims' families is basically based on their subjective and personal opinions."

"There are no actual objective facts."

"What do objective facts refer to here?"

It refers to the fact that Dong Baihao physically violated Dong Guoguo, but he did not succeed.

Or rather, they made some plans for this, but they didn't do it because they missed some kind of opportunity. ”

"Are there these objective facts?"

"Nope!"

"If there are no objective facts, then it cannot be determined that Dong Baihao had a plan before committing the infringement on Dong Guoguo."

"From another point of view, it was a coincidence that Dong Baihao met Dong Guoguo at that time."

"There is no direct evidence that he did it on purpose."

"Based on the above, there is no possibility of planning from any point of view."

"That's our opinion."

After Yu Cheng finished his statement, on the live barrage, there were bursts of questions.

"TMD, this lawyer is exculpating the suspect at first glance!"

"Can anyone tell me if the statement of the defendant's lawyer is correct? Does this decision have any implications? ”

"I feel that what the victim's mother said is right and true, but after the defendant has appointed a lawyer to say this, why do I feel that something is not right?"

"I always feel that there is some truth in what the defendant has entrusted with a lawyer."

Under this question, someone quickly answered it.

"I'm sorry, brother, you're asking a bit too much of a question!"

"Let's talk about this issue first, the judgment of this issue can affect a certain verdict."

"But not much."

"You think the victim's mother is right, because this is an objective fact in itself."

"To put it bluntly, Dong Baihao has long had an idea about the little girl, and in ordinary language, he will make all kinds of hints or harassment."

"But through the explanation of the lawyer entrusted by the defense, it became that Dong Baihao did not mean this."

"Why didn't it mean that?"

"Because the victim's family mother just feels this way, but there is no objective factual evidence."

"In other words, everyone knows that this Dong Baihao has this meaning, but there is no evidence to prove it."

"Then in the legal sense it is equivalent to saying no."

"So from this point of view, it is very likely that it is impossible to determine that Dong Baihao had the idea of premeditated behavior in advance."

"Huh? In this case, but can't be determined? But isn't the lawyer entrusted by the victim the top lawyer in China with a 100% success rate? ”

“.… Top lawyers must also follow logic and objectivity, how can the presiding judge accept it without evidence? ”

"Although this judgment has an impact in this case, the impact will not be too great."

"Or that it doesn't affect the final verdict, besides, it's about a 100% win rate, and the lawyer doesn't mean that there are no setbacks in the trial."

"As long as you don't lose the lawsuit, won't you?"

“.….”

In the live broadcast room of the legal commentary, the relevant statements of the lawyer entrusted by the defendant have been discussed and the relevant judgments of the presiding judge have been speculated.

The victim has a lawyer's seat.

Su Bai frowned slightly after hearing Yu Cheng's statement.

According to Yu Cheng's statement, there are no objective facts, and Dong Baihao cannot be judged.

There is nothing too much of a problem with this statement.

And he didn't come up with objective facts either.

However, he stated this point in court, and he did not want to use this to judge Dong Baihao.

Just wanted the presiding judge to know about that.

This does not affect the final verdict.

As long as it does not affect the final verdict, there is no big problem with the judgment in other aspects.

In the trial seat, Xu Rufeng turned his head to look at the victim's lawyer seat after listening to Yu Cheng's statement:

"Is there anything else the victim has to say about the statement of the lawyer entrusted by the defendant?"

Su Bai looked up at the seat on the trial table and replied:

"We don't have anything else to say."

"Okay."

"In that case, then the objection raised by the injured party on this point is dismissed."

Knock, the gavel fell, and a heavy sound reverberated throughout the courtroom.

When he heard the rejection of the injured party's application, Yu Cheng let out a long sigh of satisfaction.

looked at Su Bai in the victim's seat with a smile on his face.

Now the first decision has won him.

It's a good start.

But.... Then again, in the determination of this case.

Or in the case of the defense.

He didn't see the victim's lawyer Su Bai as amazing as uploaded on the Internet.

100% win rate?

How did a 100% win rate make his first decision at trial?

With this beginning, the rest of the things will be much easier, and the lawyer Su on the opposite side with a 100% winning rate will eventually be defeated by him in the trial!

Thinking of this, the satisfied smile on Yu Cheng's face was even worse.

In the lawyer's seat entrusted by the victim, Li Xuezhen stared at Yu Cheng.

Is it just a small judgment that favors the defendant and believes that this case will definitely be won?

What do you think!

In this case, Lawyer Su will definitely not lose the case!

Looking at the satisfied smile on Yu Cheng's face, a glimmer of light flashed in Li Xuezhen's eyes.

Losing?

It is impossible to lose a lawsuit!

…

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