There were not many people in the court today, except for some of Mosaic's classmates, that is, representatives of the police who attended.
The crux of the case is that the police have always believed that Mosaic's sale of the English Yellow Book and the uncut version of "Jin Mingmei" on campus is the crime of disseminating obscene materials for profit.
The evidence is already very conclusive, but I didn't expect Jiang Xiaobai to defend the suspect not guilty.
The crime of disseminating pornographic materials for profit refers to the production, reproduction, publication, sale, or dissemination of pornographic materials for the purpose of making profits, and is sentenced to up to three years imprisonment, short-term detention or controlled release, and a concurrent fine.
where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.
where the circumstances are especially serious, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
Where is the boundary of the law, I believe many people have already heard that even if you do not make a profit with this kind of colored item, but share it with others privately, it is also illegal.
Then someone said, if I buy a truckload of pornographic books to read by myself, is it illegal?
To be honest, in addition to the large amount, you really don't break the law, of course, it is limited to the reading of the object itself, and a truckload should be enough for you to masturbate to death.
In the same way, it's not illegal to write a little yellow book, but it's illegal to show it to you.
glanced at the other side, the opposing defense lawyer is an old policeman working in the system, named Chen Wulin, and the plaintiff's seat is sitting on a female policeman.
I don't know if it's a different position, when Jiang Xiaobai looked at Luo Xiao, Luo Xiao glanced at Jiang Xiaobai with disdain.
As the time came up, the judge knocked down the hammer fiercely, as if he was deliberately listening to Jiang Xiaobai.
The defense lawyer for the prosecution was the first to speak.
"Distinguished judges, and all the hearing friends present at the hearing, we accuse the defendant Mosaic of blatant selling color novels on campus, and the evidence is conclusive.
After verification, a total of 1,040 copies of the mosaic were sold in five days, including 842 copies of "Jin Xuanmei" and 198 copies of the English Little Yellow Book, with a profit of 8,990 yuan, and 430 copies have not been sold out as of the time they were caught. "
Chen Wulin is very objective, he is not a lawyer, just a veteran policeman who has been investigating for many years, but this kind of case is often contacted, for him, there is nothing complicated.
In fact, the simpler the case, the deeper the water, and not only that, not every police officer is proficient in the law, which everyone needs to understand.
Otherwise, there would be no such profession as a lawyer.
After listening to Chen Wulin, Jiang Xiaobai directly pointed out the loophole, which is also a loophole recognized by everyone: "Does the uncut version of "Jin Qianmei" belong to the Little Yellow Book?"
Chen Wulin thought for a while and replied directly: "It doesn't be." Indeed
, excluding the 842 copies of "Jin Xuanmei", mosaics are no longer among the serious plots.
"Jin Xuanmei" is listed as the first of the "Four Strange Books" of the Ming Dynasty, and those who love it never get tired of reading it, and those who hate it feel that it is unsightly.
However, as the first realist literary masterpiece with modern significance in China, "Jin Xuanmei" is an important milestone in the development of ancient novels.
It broke through the traditional model of Chinese novels and became a classic, Chen Wulin dared to admit this frankly, presumably he knew that if he admitted that this was a little yellow book, he was afraid that there would be a big man in the literary world who would tear his mouth on the spot.
Chen Wulin continued: "My focus is on the English version of the Little Yellow Books, which have been translated by relevant scholars, these books are naked and descriptive behaviors, and the relevant content has been posted to prove, and you can see it on the big screen. Looking
at it through the big screen, everyone present saw the scene of the system not giving review in the marked translation, and they were all speechless.
There was a lot of discussion among the people present.
Jiang Xiaobai smiled and said solemnly: "Since the plaintiff has come up with evidence, then I want to do an experiment and ask the judge for permission."
"You want to do the test again?"
Perhaps the last time the suspensory pulse diagnosis left a shadow on the judge, and when Jiang Xiaobai made this request again, the judge's heart surged.
"Well, simple and easy-to-understand experiments, this time it will respect the protection of personal privacy.
"Give you five minutes, no more. The judge sighed and said directly.
With permission, Jiang Xiaobai said directly: "Officer Chen took out the translated English description, then I will also take a copy and show it to everyone." As he
spoke, a piece of paper printed in English appeared on the big screen.
Everyone didn't understand what Jiang Xiaobai meant.
I only heard Jiang Xiaobai say: "In the hearing seat present today, raise your hand if you can read the above English meaning fluently!" Jiang Xiaobai's
voice just fell, and after a minute, only four of the people raised their hands.
"What's in there?"
"Do you have a sense of the picture?"
"No."
"What about the others, do you read fluently?" and the others
shook their heads.
After getting a satisfactory answer, Jiang Xiaobai got to the point and started the crazy spray mode.
"Before the trial, I have counted the number of people who will participate in the court today, about 70 people, this test I just did, there is no other meaning, in fact, I just want to tell you, what is the standard for us to identify
the little yellow book? It contains sexual descriptions, can make natural people have a sexual response, we can call it the little yellow book, but obviously, only four of the 70 people can barely read, and it is not fluent.
In the law, from the perspective of judging whether a violation of the law is constituted, ordinary people cannot read it as obscene material.
It is not objective to analyze whether it is pornographic from the perspective of specific people, including pornography connoisseurs and English scholars. Suddenly
, everyone felt that what Jiang Xiaobai said was still reasonable, indeed, if these little yellow books in English were given to a peasant who had never gone to school, how could he read the feeling? This is obviously unrealistic.
At this time, everyone was confused, and the judge also thought about every word Jiang Xiaobai said, and after thinking about it for a long time, he felt that this kid's position was correct.
In any lawsuit, when analyzing the facts of the case, the adjudicator needs to consider the problem from the perspective of ordinary people, and the inappropriate reaction in a specific situation, even if it is incorrect, must be fully detailed to the specific environment, what is the reaction of a normal person.
For example, there was a case of excessive defense in the past, a young woman was dragged into the grass by a strong man and forced to play poker, but the strong man accidentally fell into the dung pit on the way to pull the cow, and the strong man said, you pull me up, if you don't pull me up, I will rape and kill you.
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