As a Lawyer, You Sent the Judge In?
Chapter 94: Turn over two, the verdict: Aiba loses the lawsuit, water friends: give it away
Chapter 94: Two fights, verdict: Aiba loses the lawsuit, Shuiyou: Send them in, send them all in!
Judgment of first instance.
Not only did Guo Xiaojun’s appeal request be rejected!
He was also convicted of extortion and sentenced to five years in prison!
As a result, he lost his job, his daughter's health, and he also suffered this great injustice.
In the final analysis, the verdict of the first instance has only three words for him: unfair!
Facing the judgment of Xu Chunxing, the presiding judge of the second instance, Guo Xiaojun was filled with excitement.
Of course, he not only wants to thank the presiding judge, but also Su Bai!
after all
If it had not been for Su Bai to defend him at the trial, but if it had been another lawyer, the result might not have been like this.
Guo Xiaojun cast his gaze on Su Bai, his eyes filled with gratitude. Su Bai smiled and nodded.
At present, it is just one against three, against the prosecutor.
but
This is just the basics of this lawsuit!
Won the lawsuit.
Then we must try our best, there are still two left to fight!
The other two are the key points!
At this time, when Wang Manting, an old litigator, heard the presiding judge's temporary verdict, he felt slightly uncomfortable and let out a long sigh.
All right
The bonus Dong Cheng promised him was gone.
However, there is hope.
It’s just...the trainee lawyer opposite kept staring at him.
He always felt a little weird, uncomfortable and unnatural.
Forget it... It must be because of the mentality. Some petty litigants like to manipulate people's mentality like this.
Wang Manting didn't care too much. He calmed down his emotions a little and prepared to continue the court hearing.
Outside the court hearing.
The audience in the live broadcast room of Luo Daxiang's trial were equally excited when they heard this provisional verdict!
“This presiding judge’s verdict is really good. The presiding judge in the first instance didn’t know how he made the verdict, but he actually found the client guilty.”
"Although justice is late...but justice has finally come!"
“At least there is some hope now!”
"But now...what's the use of justice?"
“Now the person involved has lost too much.”
“Well said, it’s really not of much use if justice comes now. Just like what lawyer Su said before, delayed justice is not justice!”
“The companies involved must be punished as they should be, and this is what’s really going to happen!”
"Yes! Support! And I think all relevant personnel should be sent in!"
"Fuck! This feeling is so good! Damn it, go in, go in, send them all in!"
ˆ “.”
Seeing that the direction of the wind in the comment area was getting more and more skewed, Luo Daxiang smiled and explained aloud, and pulled the direction of the wind in the comment area back:
“About this, what is said later in the comment area is a bit too extreme. The judgment of the first instance is indeed not very reasonable, but it is not enough to send judges in.”
“Please stay sensible, everyone”
Fan comments: “We also know it’s not possible, but we just want to vent our grievances.
After all, if all the judges of the first instance judge like this, how much more blame will some innocent people have to complain about? We're just complaining. "
Luo Daxiang smiled and nodded, and then said: "It's okay for everyone to complain."
"However, regarding this verdict, the court hearing has made it clear enough. Let me add something more about why the presiding judge made this decision."
“The most critical reason why the presiding judge of the second instance found Guo Xiaojun not guilty is that there is no strong evidence to prove that Guo Xiaojun is suspected of extortion.”
“The difference between the second-instance judgment and the first-instance judgment is the issue of evidence. The first-instance judgment was based on the following conditions: Guo Xiaojun’s subjective intention to demand compensation, and his wife Ma Li’s written complaint.”
“The judgment of the second instance overturned the judgment of the first instance. In other words, these evidences cannot be used as direct evidence of Guo Xiaojun’s extortion.”
"at the same time."
“This judgment also laid a certain foundation for a series of subsequent litigation parties, namely Guo Xiaojun’s lawsuit against his wife Ma Li and Aibo milk powder.”
Comment section: “I’m annoyed by the people in the lawsuit seat, especially Guo Xiaojun’s wife, send them all in!”
Looking at the comments in the comment area, Luo Daxiang smiled and said:
“Whether it can be sent in or not depends mainly on the outcome of the trial. Okay, now that the trial verdict of the litigant accusing the prosecutor has been explained, let’s continue reading.”
at the same time.
In the office of the general manager of Aibao Milk Powder.
Dong Cheng looked at the presiding judge's judgment on Guo Xiaojun in the courtroom, narrowed his eyes slightly, and said nothing.
But my heart is bursting with fire!
Guo Xiaojun is found not guilty. In this case, all his early hard work will be in vain!
and
Subsequent targeting of his company will also have a certain impact
This impact is huge!
Guo Xiaojun was found not guilty. The fact has happened, but
Be sure not to have any more accidents or mishaps in the future!
Dong Cheng thought silently in his heart.
At the court hearing.
Su Bai set his sights on the litigation seats of Ma Li and Wang Manting.
One against three.
At present, the prosecution has finished its case, and the only remaining issues are charging Ma Li with perjury and compensation for Aibo milk powder.
As for the issue of compensation for Aibao milk powder, it is not difficult. After all, the facts have happened, and Aibao milk powder does have liability for compensation.
The evidence is all there.
The other party has no room for excuse at all, unless they are talking nonsense
But nonsense words
Tut tsk
That would be interesting.
Difficulties in claiming compensation.
It is nothing more than a question of whether the claim for compensation is large or small. If you can fight for it, try your best. Winning the lawsuit is definitely a certainty!
The key point is.
Ma Li’s perjury judgment issue.
This is the main litigation point in the subsequent trial.
Of course, can Ma Li be convicted of perjury?
Still need to look at the presiding judge's interpretation of the legal provisions and his own side's accusation.
After noticing Su Bai’s gaze, Ma Li whispered:
“Lawyer Wang and the other lawyer are so powerful, we won’t lose the case, right?”
“I don’t want to go in”
Wang Manting smiled and said:
“Don’t worry, if your accusation is not considered perjury, how can you possibly get in?”
“I’ve already learned about this case, and there shouldn’t be any problems.”
should
Hearing these two words, Ma Li felt a little uneasy.
“Hopefully”
The trial is still continuing.
At the trial stand, at the presiding judge's seat, after making the judgment, Xu Chunxing nodded slightly after hearing Guo Xiaojun's thanks: "The trial continues!"
“This court summarizes the three disputed points in this trial.”
“First, as to whether Guo Xiaojun is involved in extortion, this court has already stated and determined it, so I won’t make too many statements here.”
“If all parties have objections to this, they can raise it during the court hearing. But they must have relevant factual evidence and legal basis!”
“The second point is about Guo Xiaojun’s allegedly false accusation against his wife Ma Li.”
“The third one is about Guo Xiaojun’s claim against Aibao milk powder.”
After presiding judge Xu Chunxing summarized the general issues, he raised his head slightly and looked at the litigants’ seats:
“Litigants, do you have any objections to the summary issues compiled by this court?”
“Presiding judge, we have no objection.”
Su Bai opened his mouth.
Xu Chunxing summed it up very well, there are no big problems.
"good!"
咚咚!
Xu Chunxing banged the gavel: "Since the litigant has no objection." "Litigant, this court needs to confirm, what is the amount of compensation you are applying for Aibo milk powder?"
In response to the presiding judge’s question, Su Bai had already prepared the relevant compensation materials and said directly:
"President, we lost our job due to the innocent accusation of Aibo milk powder, which caused us to suffer great financial and mental damage. In addition, our client's purchase of milk powder resulted in medical compensation expenses for his daughter. .
According to relevant laws and regulations, the amount of compensation we apply for for Aibo milk powder is 1,785,696 yuan and 50 cents. "
Aiba milk powder legal lawyer Fang Xuan:.
Why don’t you share the whole amount of the compensation amount?
Dong dong dong!
Xu Chunxing banged the gavel again: "This court has learned about the litigant's application for compensation. Is there anything that the defendant, Aibo Milk Powder, has not said?"
Fang Xuan is a corporate lawyer who has been practicing for many years and specializes in economic compensation. Fang Xuan immediately raised objections to Su Bai's request.
“presiding judge”
“We have objections.”
Dong dong dong!
“What are the differences in the objections? Please be stated by the litigant.”
“A good judge.”
Fang Xuan sorted out the materials in front of him, and then said:
“For the compensation application filed by the litigant against our company.”
“Among them, the litigant raised the point that the other party was accused by us, which resulted in the loss of work and mental and financial losses, so they are seeking compensation from us.”
“We raise objections to this point.”
“First: The accusation we filed is against our legitimate rights and interests, and does not specifically target Guo Xiaojun as the client.”
“Second: We are only filing the case. The investigation and judgment of the case do not belong to our rights and interests. Therefore, it is obviously unreasonable to require us to compensate for the request made by the litigant.”
“Because the other party was sentenced, lost his job, and suffered mental losses, this has nothing to do with our Aiba Enterprise. We are only legal and protecting our legitimate rights and interests through legal channels.”
“We propose to reject the claim that our liability for compensation for the mental and financial losses suffered by the litigant shall be borne by us.”
Dong dong dong!
Xu Chunxing frowned slightly, then looked at the litigation materials in front of him and banged the gavel.
“Litigation party.…”
“Do you have anything to say about the sued party Aibao Milk Powder?”
“Can you prove that the mental damage or loss of your job caused by the accusation is directly related to Aibo milk powder?”
Facing the presiding judge's question, Su Bai adjusted his suit a little.
Fang Xuan’s statement does have a certain legal basis.
The rough meaning is.
Aibao milk powder is safeguarding its own rights and interests.
There was no intention to deliberately cause Guo Xiaojun to lose his job.
Your job loss and mental injury have nothing to do with our company.
You should not make any claims against our company.
What Su Bai needs to prove is that there is a certain direct causal relationship between the two.
To put it bluntly, Su Bai needs to prove that Aibao Milk Powder maliciously accused Guo Xiaojun of extortion.
For this
Su Bai raised the corners of his mouth slightly
Since he proposed it, there are partial and full compensations, which have been strictly calculated!
After taking out a piece of material from the litigation materials, Su Bai slowly spoke:
“presiding judge”
“During the first instance, one of the conditions of the judgment was that our party was involved in extortion, and that was our request for compensation.”
“According to what our client stated, our request for compensation was influenced by the company’s notification that the compensation amount could be negotiated.”
“As for Aibao Milk Powder, when it clearly informed us that we could negotiate the amount of compensation, it took us to court for extortion.”
“We can subjectively conclude that this is a malicious accusation against Aibo Milk Powder.”
“I would like to ask the other party’s lawyer, when we originally claimed 700,000 yuan, why did Aibo Milk Powder tell us that we could negotiate the compensation amount?”
“When we filed a claim for 5 million yuan, you then took us to court for extortion?”
“Isn’t this a kind of malicious intent? It can be seen from the judgment conditions that the malicious guidance of Aibo milk powder has a certain effect on the judgment.”
"so."
“We conclude from this.”
“Aibao milk powder has a certain influence and relevance on our first-instance judgment.”
“Presiding judge, we have finished our statement.”
Su Bai ended his statement.
At the presiding judge's seat, Xu Chunxing flipped through the litigation materials, glanced at Su Bai at the litigant's seat, and then looked at Fang Xuan at the sued party's seat.
“Regarding the statements made by the litigants, does the lawyer representing the defendant Aibo Milk Powder have anything else to make?”
Facing the presiding judge’s question, Fang Xuan rubbed his eyebrows.
about this issue
He really couldn't answer. According to his defense idea just now, Guo Xiaojun was punished by the first instance judgment and lost his job.
I have suffered a certain amount of mental damage, but this has nothing to do with the Aibao milk powder company.
But
Following that, Su Bai brought up the correlation.
And raised the topic of malicious accusations against Aibao milk powder company.
If you continue to defend according to this topic
By the time.
It is estimated that Aibao milk powder company will be much larger than it is now.
and
Fang Xuan understands that the legal direction he is targeting is corporate debt and economic disputes
For criminal law, we cannot say that we know nothing about it, we can only say that we are not proficient in it.
He always feels that if he continues to defend this topic, he will continue to fall into the pit.
Simply.
Speak directly: "Presiding Judge, we have finished our statement."
Dong dong dong!
Xu Chunxing banged the gavel: "The litigant and the party being sued defended whether Guo Xiaojun's mental loss and job loss were related to the Aibao milk powder company."
“Based on the evidence submitted by law enforcement parties and the statements of Guo Xiaojun’s parties.”
“Aibao Milk Powder Company has indeed prepared to negotiate an increase in the amount of compensation for Guo Xiaojun.”
“Does Aibo Milk Powder have any objections to this matter?”
What objections can he have to the evidence submitted by the law enforcement party?
Can he still be able to overthrow it?
Fang Xuan said: "Presiding Judge, we have no objection."
"Um!"
Dong dong dong!
“The party being sued has no objection to Aibo Milk Powder’s previous negotiation to increase the amount of compensation.”
“The court now determines that Aibao milk powder increased the compensation amount through negotiation, and there are certain factors that indirectly caused Guo Xiaojun to increase the compensation amount from 700,000 to 5 million.”
“Does the Aibao milk powder company have any objections?”
“Presiding judge, we have no objection.”
Dong dong dong!
“Does the litigant have any objection to this judgment?”
Su Bai: "We have no objection!"
After finishing his words, Su Bai fixed his sights on Ma Li's litigation seat.
This judgment has been confirmed. The lawsuit he just filed, requiring Aibo milk powder company to compensate more than 1 million yuan, is reasonable!
Just wait for the final verdict!
One against three!
At present, two of them have been killed!
Only the last one left!
the last one.
Su Bai slightly showed a small white tooth.
Ma Li also noticed Su Bai's eyes and the little white teeth at this time.
It was inevitable that I felt a little panicked in my heart.
PS: Please give me a monthly ticket~
Finish this case tonight~
Asking for a monthly ticket~
(End of this chapter)
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