Lawyer's character
Chapter 270 The son is unfilial!
"Do you agree with the fact of robbery?" Fang Yi asked.
"I admit it. I did it. I really only robbed 210 yuan. At that time, I said I was from the police station and just wanted to scare the other person. I really didn't think much about it.
Besides, look at me, I don’t look like a policeman! Otherwise, the other party would not doubt my identity and ask for my ID. "Xiao Song said a little excitedly.
"Well, I understand. If your father entrusts me to defend you, I will come to see you again and tell you the final defense plan." After Fang Yi finished speaking, he began to pack his briefcase.
The next day, Fang Yi went to the Intermediate Court to retrieve the case file materials and began to work overtime to analyze the case.
On Monday afternoon, Teacher Xiao and his wife walked into the conference room of Jinshi Law Firm again.
"Teacher Xiao, I went to see your son Xiao Song, and I also went to the Intermediate Court to retrieve the case file materials.
Judging from the case file materials and your son's description of the case, I think there is no problem with the court of first instance finding that Xiao Song was guilty of robbery. However, the court found that he pretended to be a people's policeman and committed robbery, so he was punished severely in accordance with the law. I have objections to this point. "Fang Yi said.
"Lawyer Fang, can you speak more clearly? I don't quite understand what you mean." Teacher Xiao frowned.
"In other words, I can't defend your son's innocence, but I can try to get rid of the situation of 'pretending to be a police officer to rob' and get a shorter sentence for your son." Fang Yi said.
"How long is the shorter sentence?" Teacher Xiao asked.
"If it is found to be a general crime of robbery and there is no severe punishment according to the law, the sentence should be between three and ten years in prison. The specifics will depend on the court's determination and your son's guilty plea." Fang Yidao.
"Oh, I understand. In other words, you can let my son spend a few less years in jail, right?" Teacher Xiao said.
"Well, yes." Fang Yi nodded.
"My son has done something outrageous and deserves to be arrested. I am a teacher and I understand that. As a father, I have had little discipline on him since he was a child, and his mother is rather doting on him... Then let's follow your plan. We have brought the lawyer's fees today." Teacher Xiao, who looked troubled, looked at his tear-stained wife, put his hand on the back of his wife's hand, patted it gently, and then said.
Fang Yi felt uncomfortable and wondered what their son Xiao Song would think when he saw this scene.
Fang Yi came to the detention center again to meet Xiao Song and told him his defense plan. Xiao Song was surprisingly quiet and didn't say much. After signing the commission procedures, he asked Fang Yi to send a message to his parents: The son is unfilial!
Some people say that there are three places that train people the most, one is university, one is the army, and the other is prison. Maybe from a certain perspective, this sentence is right. Especially the latter two places can make a man grow up faster.
Before the October 1st holiday, the second trial of Xiao Song's case finally opened.
In the eighth trial court of the Intermediate People's Court, there were more than ten people sitting in the auditorium, some watching the excitement and some friends of the victim, whispering to each other. Teacher Xiao and his wife sat in the corner, waiting silently for the court to begin.
There were two female prosecutors sitting on the prosecutor's bench. They looked young, one was in her thirties and the other was in her twenties. The two were whispering.
The trial bench was empty, the judge had not yet taken his seat, and the clerk was busy with something, the keyboard in his hand making a crackling sound.
There were five bailiffs in the court, two bailiffs stood at the door, and three bailiffs looked at the gallery, milling around, preparing for the court session. After a while, three judges entered the court and were ready to start the trial.
There were three judges, with a female judge in her forties sitting in the middle, her face as grave as water, and the male judges on both sides were younger.
"The Municipal Intermediate People's Court has now opened a public hearing on Xiao Song's robbery case, which has been appealed." As the words fell, the presiding judge banged the gavel: "Refer the appellant Xiao Song to the court."
As soon as the door of the trial court opened, Teacher Xiao and his wife turned to look at the door with complicated eyes. They saw Xiao Song, escorted by two bailiffs, walking into the court in handcuffs and wearing a detention center vest, and sat on the appellant's table.
The presiding judge was checking the appellant's information and reading out the appellant's rights. Xiao Song, who was sitting below, kept his head lowered, wondering what he was thinking. Fang Yi holds the grounds of appeal in his hand, waiting for the court investigation to begin.
"The court investigation will now begin and the first-instance verdict will be read out." After the presiding judge finished speaking, he picked up the verdict and began to read out the verdict.
After simply reading out the first-instance judgment, the presiding judge looked at Xiao Song: "The appellant Xiao Song will first read out the appeal or state the reasons for the appeal."
"When I robbed, I only verbally said that I was from the police station. I didn't have any signs of police identity on my body. The court of first instance found that I pretended to be a police officer to rob, which was wrong. I didn't pretend to be a police officer to rob." Xiao Song's eyes were a little dazed and he didn't dare Watch the judge above.
"The appellant's defense lawyer issued the reasons for the appeal." the presiding judge said.
"The defender believes that the appellant Xiao Song only verbally claimed that he was a policeman from the police station. The victim became suspicious of the appellant's identity and waited at the crime scene many times. Finally, the appellant Xiao Song was captured, which shows that the victim did not believe Xiao Song from the beginning to the end. loose police identity.
Under this circumstance, the court of first instance found that the appellant Xiao Song had "pretended to be a military and police officer to rob" and was severely punished. The punishment was obviously inappropriate for the crime. Ask the court to revoke the original judgment and change the judgment in accordance with the law. complete! "Fang Yi said.
"Appellant Xiao Song, do you have any objection to the facts and charges found in the first-instance judgment?" the presiding judge asked.
"I have no objection to the crime found in the first instance. I committed the robbery, but I do not agree with pretending to be a police officer to rob." Xiao Song said.
"The prosecutor can question the appellant on the facts found in the first-instance judgment." The presiding judge looked at the prosecutor's seat.
"Appellant Xiao Song, do you know the victim?" the female inspector asked coldly.
"I don't know." Xiao Song said.
"How did you know that the victim was in the woods?" the female prosecutor asked.
"I walked into the woods and happened to see the victim in the woods, so I passed by." Xiao Song said.
"What did you go over and do?" the female prosecutor then asked.
"I told him that I was from the police station and was arresting Piao Chang." Xiao Song hesitated and said.
"Then what? Did you show relevant documents? Or some items that can show your identity as a police officer?" the female prosecutor asked with a cold face.
"No, he (the victim) asked me for my ID at that time, but I didn't have it. In desperation, I kicked him down and robbed him." Xiao Song said with his head lowered.
"Presiding judge, I'm done asking." The female prosecutor looked at the presiding judge.
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