Lawyer's character

"Let me do it. At the beginning of last year, I took on a case of endangering public safety by dangerous methods. I handled both the first and second trials. I defended the crime as a light crime. The Intermediate Court in the first trial sentenced him to death. After appeal, the Provincial High Court tried the second trial. , the final ruling dismissed the appeal and upheld the original judgment.

At present, the case has been submitted to the Supreme People's Court for approval according to law, and the family has entrusted me with it. To be honest, I am at the end of my rope, but my family begged me to try again... I would like to ask Lawyer Fang and everyone to give me some help. Song Hui said helplessly.

Lee Myung-bak was a little surprised. Why should we discuss such a case? Cases that have been submitted to the Supreme Court for approval of the death penalty are basically unsolvable, unless one is extremely lucky.

The eyes of the lawyers who came with Lee Myung-bak were also full of curiosity. They had never touched this kind of case before, because it was time-consuming and labor-intensive, and the final result was difficult to satisfy the parties. In a word, this kind of case was not cost-effective. high.

If there is really no business to do, it is okay to go through the procedures one by one. As long as there is other business to do, no one will waste time on this kind of case.

"Old Song, please introduce the case. Let's listen first." Fang Yi spoke.

Lao Song has been very useless in recent years. He obviously has good professional skills and can make some money, but he has never been famous and his luck has not been very good.

People may not believe in fate or luck, but sometimes they have their own arrangements. No matter how hard you try, you just can't achieve the results you want. In fact, the best way at this time is to work steadily and let the restless heart My heart calmed down and I waited for the time when peace would come.

Song Hui cleared his throat and said, "Okay, let me introduce the case first..."

The case handled by Lao Song is not complicated. The defendant's name is Gong Da. He was originally an employee of a state-owned enterprise in the county. He graduated from school and seamlessly joined the factory. He has been working there for more than ten years now. He has also changed from the little Gong back then to Master Gong.

However, in recent years, due to fierce competition and poor corporate management, employees' incomes have dropped sharply. As the saying goes, "There is Canada abroad, and everyone takes it at home." No one really cares if the factory is not their own, and the efficiency of the enterprise is getting worse. Things are getting worse, but the factory's management is still prosperous.

Later, after working for half a year, most of the employees resigned. Gong Da was working on the minimum wage every month. His wife had long disliked him, and later they had a big quarrel, divorced, and their daughter was also My wife took her away.

His parents, relatives and friends all thought he was a coward and were unwilling to interact with him. He was also stubborn and would get into trouble if he couldn't think about it.

In January last year, it was very cold, and Gong Da, who felt that he could not see any future or hope, chose to commit suicide. He cut his pulse because he was afraid of the pain. He wanted to buy sleeping pills but the drug store did not have them. He jumped off the building but lacked the courage. Finally, he cut the kitchen door with a kitchen knife. Natural gas hose, I want to wait until the natural gas leaks, strike a match and end this life.

After doing all this, he glanced at the quartz watch on the wall. It was almost nine-fifty. He sat quietly in the house, listening to the slightest sound of natural gas, reminiscing about his childhood, and waiting.

Gong Da lives in an old building, in Room 201. The house is very small, and the windows are sealed in winter, so there is no smell of natural gas outside.

At nearly 11:40 in the morning, the 40-year-old eldest sister in room 301 upstairs started cooking. Shortly after lighting the gas stove, there was an explosion. The eldest sister was injured on the spot and turned around with a blindfolded face, not knowing what happened.

Gong Da, who was recalling the past with tears, was startled when he heard the explosion upstairs. He suddenly remembered that the matches he had prepared before were placed in the kitchen, so he rushed into the kitchen despite the pungent natural gas to find the matches. Later committed suicide.

Because the kitchen was relatively small and the lighting was poor, he subconsciously touched the light switch in the kitchen, which caused a big explosion. This explosion was much larger than the explosion in Room 301 upstairs. The floor of the bedroom was directly blown through. The security door of Room 201 was blown open, and the security door of Room 202 opposite was blown out of shape.

Deng Chunji, who was in his thirties and lived in Room 202 across from Gongda, happened to be back from an outing. He just walked to the door of his house and was about to take out the key to open the door. As a result, he was killed on the spot. Two other neighbors were slightly injured. Many residents The windows and walls of the home were damaged to varying degrees, making the building a partially dangerous building.

The falling objects from the explosion caused damage to many vehicles parked nearby, with a total loss of more than 100,000 yuan.

After the explosion, someone called the emergency number and called the police. The doctor then sent Gong Da and others to the hospital for treatment. A few months later, the procuratorate filed a public prosecution with the Intermediate People's Court for the crime of endangering public safety by dangerous means.

Although Gong Da's parents felt that their son was useless, he was their biological son after all. Now that he was facing being sentenced, they found Song Hui through an acquaintance and entrusted him to handle the case.

After the trial, the Intermediate People's Court held that the defendant Gong Da released natural gas at home in order to commit suicide, causing the natural gas to explode, causing heavy losses to the lives, health and property of the surrounding neighbors, seriously endangering public safety, and his behavior constituted endangering people in dangerous ways. Public safety crimes.

Accordingly, in accordance with the provisions of Article 115 and Article 57 Paragraph 1 of the Criminal Law, the defendant Gong Da was sentenced to death for the crime of endangering public security by dangerous means and deprived of political rights for life.

After the first-instance verdict was announced, the defendant Gong Da appealed on the grounds that the original sentence was too harsh. Song Hui continued to defend him, arguing that Gong Da committed an indirect intentional crime, behaved well at ordinary times, truthfully confessed his crimes, and was willing to actively compensate, and recommended that Gong Da be given a lenient punishment.

After the second trial, the Provincial High Court held that the defendant Gong Da ignored public safety in order to commit suicide. He released natural gas and caused continuous explosions, causing death and injury to innocent people and heavy property losses. His behavior constituted the crime of endangering public safety by dangerous methods.

Based on the on-site investigation and physical evidence extraction, and with reference to the appraisal opinions on the cause of the explosion issued by the appraisal agency during the second trial, it can be determined that it was a natural gas explosion, and the evidence on record can form a complete chain of evidence, which is sufficient to determine that Gongda cut the hose and released the natural gas. There is a causal link between the behavior and the eventual explosion.

Accordingly, in accordance with the provisions of Article 225, Paragraph 1, Item 1 and Article 235 of the Criminal Procedure Law of the People's Republic of China, the appeal was dismissed, the original judgment was upheld, and the case was reported to the Supreme People's Court in accordance with the law. approved.

When Gong Da's parents heard that their son was sentenced to death, they found Song Hui again. They cried and asked Song Hui to try again, and Song Hui had no choice but to take the case.