Chapter 442: The classic statement is over, waiting for the result of the punishment!
Chapter 433 The classic statement is over, waiting for the result of the penalty!
As a matter of fact.
This case about Li Dong's commutation of sentence is relatively simple.
The reason for this is that in this case, there is no need to prove that the hospital is grossly at fault.
It only needs to prove Li Dong's subjectivity.
In the appellant's seat, Su Bai heard that the presiding judge made a judgment on Li Dong's picking quarrels and provoking troubles so simply.
It can be seen that the presiding judge of the second instance also disagreed with the determination of the sentence of the first instance in this case.
Su Bai did not know how appropriate the presiding judge of the second instance should be for Li Dong's sentence this time.
But he knew he would not be sentenced to more than three years in prison.
Picking quarrels and provoking troubles has been decided.
Then in this case, Li Dong's sentence will also be slightly reduced.
Call....
"At present, there is basically nothing to state, wait until the presiding judge sorts out this case to a certain extent."
"It's time to decide!"
Su Bai meditated in his heart.
According to his estimates, no matter how many years Li Dong will be sentenced in this trial.
Most likely, they will only be sentenced to one suspended sentence.
For Li Dong, the probation only leaves a case record.
can carry out activities freely, and can also take care of Xiao Chunmei.
From this point of view, it is a relatively good result for Li Dong.
…
Bench on the judging table.
Wei Guoming, as the presiding judge, turned his head to look at the hospital seat:
"Is there anything the hospital has to say about the appellant's statement?"
In the hospital seat, Zhou Wei fell into a certain amount of contemplation after hearing the presiding judge's inquiry.
In Su Bai's statement just now, the general situation of the hospital has basically been stated.
And there is factual evidence, on which it is impossible to refute it.
So let's go back to Lin Wenjie.
Did Lin Wenjie deliberately take a share?
Based on the current performance and the statements of the appellant's lawyers, this is certainly the case.
But can this be admitted?
This is certainly not admitted.
So in this regard, Zhou Wei made a certain statement:
"Presiding Judge."
"We have something we want to state."
"We believe that the situation presented by the appellant's lawyer was based on a statutory situation, but he did not use objective factual evidence."
"If there is no objective factual evidence, that means that the matter may not exist."
"Here, we request that the appellant's counsel's arguments be dismissed."
Su Bai did not react too much when he heard that Zhou Wei asked the presiding judge to reject his statement because there was no objective factual evidence.
Because what he just stated is very clear.
In this case, he defended Li Dong's commutation, not to prove Lin Wenjie's guilt!
So does he need to come up with some factual evidence?
No, you don't!
So.... The presiding judge will definitely reject Zhou Wei's statement.
In fact, as Su Bai expected, after Zhou Wei made a statement.
The presiding judge struck the hammer.
Zhou Wei's statement was dismissed and the reasons were stated:
"The appellant's lawyer has just stated very clearly that this case is discussed in a statutory scenario."
"I didn't accuse the hospital or Lin Wenjie of being at fault or committing any crime, so there is no need to produce any facts."
"Does the hospital lawyer know about this?"
Zhou Wei's face was a little ugly after hearing the presiding judge's question, but he did not make any unnecessary rebuttals.
Nodding: "Yes." ”
"So are there any objections?"
Zhou Wei: "No objection. ”
"There is no objection, then let's start the court presentation."
The gavel sounded.
Wei Guoming asked the prosecution to begin the court presentation.
In Wei Guoming's view, in fact, there is nothing else to state in this trial.
He already had a basic understanding of what he needed to know.
There is already a general inclination in my heart.
If you continue to defend yourself, you will probably have a repeated discussion on those issues.
Repeated discussions have not yielded any results, so there is no need for discussion.
Simply proceed directly to the final court presentation.
The prosecution's court statement was relatively concise.
The content of the statement is still an objective statement of the facts of Li Dong's crime.
The recommended sentence for upholding the first-instance verdict was retained.
Other than that, there is basically nothing else to say.
In this case, the prosecutor only fulfilled the responsibility of a prosecutor and did not say too much in other aspects.
After the completion of its statement.
As the presiding judge, Wei Guoming continued to ask the hospital to make legal statements.
When he heard the presiding judge ask the hospital to make a court statement, Zhou Wei took a deep breath.
The presiding judge just rejected his request.
This already illustrates the attitude of the presiding judge.
He didn't really pay attention to Li Dong's sentence.
Because even if Li Dong is sentenced to three or five years, or even not guilty, it has nothing to do with the hospital.
What is related to the hospital?
There is only one thing that has to do with the hospital - that is, whether this public case will have a huge impact on the hospital!
That's the most important thing!
Therefore, in this court presentation, it is also focused on eliminating the impact of this case on the hospital.
Thinking of this, Zhou Wei began to make a statement in court:
"Presiding Judge, our court statement is as follows."
"In this case, we are the injured party, that is, the defrauded party."
"We believe that Li Dong has caused huge losses and impacts to our side."
"These include direct economic damage and indirect reputational damage."
"Of course, we also have a certain understanding of Li Dong's current situation."
"Li Dong's family is indeed difficult."
"Our hospital is deeply sympathetic to Li Dong's family conditions and the situation his wife has encountered."
"But difficulty doesn't mean you have to do something illegal and criminal."
"So from this point of view, whether Li Dong's subjective will is serious or light, it does not affect the conclusive facts of his crime."
"I ask the presiding judge to take into account the situation in the hospital and make a judgment from this point of view."
“.….”
Zhou Wei's statement is relatively concise, but highlights an important point.
In this case, the facts of Li Dong's crime are clear, and it is a normal legal way for the hospital to ask for medical expenses.
There is no fault.
It is necessary to point all the contradictions at Li Dong, and then clear up the responsibility and adverse influence of the hospital.
Let all the contradictions point to Li Dong, and all the voices of the Internet point to Li Dong.
Then the hospital can completely avoid the accusations of public opinion.
From Zhou Wei's point of view, there is nothing wrong with this method.
But in fact, what does the public and the media watch?
See which one is the most fundamental reason!
For example, in this case, Li Dong broke the law and committed a crime, but what was the reason?
It's because of poverty, because there is no money to buy medicine!
If he steals because he is lazy, because he doesn't work hard, because he doesn't have money to buy medicine, then he will be morally reproached.
But is he lazy? Is he just not trying hard enough?!
No!
No matter how hard he tries, he can't catch up, and he can't afford that kind of high drug price, that kind of imported medicine!
From the side, if it weren't for Lin Wenjie's insistence on using imported drug prices for Xiao Chunmei.
So will Li Dong do illegal and criminal acts because he can't afford medicine?
Neither will it be!
Therefore, from these points, the focus of the media and the public is to consider the problem from Li Dong's standpoint.
Rather than thinking from the side of the hospital.
Who is the vulnerable group in this case and who is the injured party.
The eyes of the masses are bright, and they can see clearly!
In the live broadcast of the public trial, most of the people also blamed the hospital's statements.
“?”
"What did the lawyer at this hospital say, and what did it mean that it caused a huge loss to the hospital?"
"I don't understand!"
"If it weren't for the hospital's Lin Wenjie who prescribed Li Dong sky-high medicine, how could this kind of thing happen?"
"1,000 yuan a month, can't Li Dong afford it? The payment fee of 168,100 can be paid for about 11 years according to 15,000 a year! ”
"In the final analysis, the root cause is because of the sky-high price of drugs!"
"What does the hospital say can understand Li Dong, I don't believe a word!"
"yes, that's, isn't it? No matter how you look at this case, the hospital was at fault at the beginning.
Accountability should also be held accountable for that Lin Wenjie, this statement feels a bit ridiculous! ”
"You don't understand this, this is obviously a problem that the hospital wants to clear up, but I didn't expect netizens to buy it!"
"Hahaha, it seems that the lawyers in this hospital don't understand the problems that the people at the bottom are considering!"
"It feels a little bit.... The statement from the hospital side is too far-fetched! ”
"+1+1, there is a mistake on the part of the hospital, just admit it and rectify it well, you have to be stubborn here and not admit your mistakes."
"When the time comes, everyone will go to the mini program to reflect the feedback!"
"Haha, yes, yes!"
“.….”
On the other side, in the courtroom, at the signal of the presiding judge, Su Bai also began to make a statement in court.
This time, Su Bai's statutory statement was made from the commutation defense.
After sorting out the information in front of him, Su Bai slowly spoke:
"Presiding Judge."
"For this case, our side has stated many times in terms of the facts of the crime, pleaded guilty and accepted punishment!"
"No matter what the verdict is, we agree with it."
"Again, we have something we want to say."
"Li Dong, 1.69 meters tall, 34 years old, doing manual labor."
"The monthly income is less than 10,000 a month."
"The use of fake official seals, every time it is a last resort, when there is really no way to pay for medical expenses, to use fake official seals to pay medical expenses."
"And the medicine that Lin Wenjie prescribed to Xiao Chunmei, that is, Li Dong's wife, has an average monthly medication cost of about 12,000, plus others, a total of about 15,000."
"Here, I don't want to state too much about Lin Wenjie's prescribing of high-priced drugs."
"Instead, we want to state that according to Li Dong's income and labor, he really can't afford such a high medical bill."
"The two form a family, Xiao Chunmei has no source of income, and she still has children who are in school."
"The cost of the family is also very large."
"The law is merciless, and if Li Dong is sentenced severely, then his family will lose a major source of income, resulting in the breakdown of the family."
"In Li Dong's entire criminal act, he did not subjectively infringe on the rights and interests of others."
"In other words, there is no subjective harm to others."
"So from this point of view, there are reasons why Li Dong's crime can be accepted by the public."
"Based on this .... I hope that the presiding judge will take the above into account when determining the sentence. ”
"Li Dong is being sentenced."
Under normal circumstances, the presiding judge's judgment on a criminal needs to be considered from many aspects.
It is also necessary to cut in from multiple angles.
The motive for the crime, the reason for the crime, and the degree of harm caused by the crime.
These are all situations that need to be taken into account.
Li Dong's fraud is understandable.
This is not to say that there was no crime, nor that he can be forgiven for his criminal behavior.
It's for a reason.
Moreover, it has not caused major social harm, nor has it caused the property and economic losses of other individuals.
And in terms of fraud, it is also carried out by exploiting loopholes.
From this point of view, the sentence can be reduced to a certain extent.
That's it.
Su Bai looked up at the seat on the trial table, and now the courtroom defense session has been completed.
Just wait for the presiding judge to make the final verdict!
…
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