Lawyer's character

Fang Yi saw off Mr. Yang and was about to return to his work station when his cell phone suddenly remembered that it was a call from a child in the village.

"Having a baby, what's the matter?" Fang Yi asked after answering the phone.

"Well, something happened. I... I want to borrow some money!" Shengzi stammered.

"Borrow money? How much? Has construction started on the rented land?" Fang Yi was startled and asked immediately.

"Well, I want to patch up the surrounding barbed wire and tidy up the house. Fifty thousand is enough!" Shengzi said.

After the Spring Festival, Shengzi asked a few people for help and started to clean up the rented house and land in the next village. He thought it would be enough to buy some wood and install doors and windows, but who knew that the more work he did, the more work he would do.

Although everyone knew that it was not easy for him, he only had to take care of the meals and there was no salary, but the purchase of raw materials required money, and the village's loan had not been repaid. He was too embarrassed to speak again, so he did not dare to tell Fang Mao. After much thought about having a son, she could only ask Fang Yi for help.

"Okay, give me an account and I'll transfer it to you." Fang Yi agreed immediately. After receiving the short interest, he went to the bank downstairs and transferred 50,000 yuan to his son's account.

Zhou Guang's intentional injury case finally went to trial. Fang Yi was sitting in the courtroom, with two prosecutors sitting across from him. This time, Zhou Guang's case was heard by a single judge. The judge was a woman in her forties, with a simple ponytail and a square face. Hanging with frost.

Zhou Guang, who was sitting in the defendant's box, seemed to be much older, his brows were furrowed more tightly, and he was a little overwhelmed sitting in the courtroom. His feet were stepping back and forth involuntarily, and his lips were trembling slightly.

Sitting in the auditorium were Director Zhou, Zhou Junshan, and many folks from the village.

“…We believe that the defendant Zhou Guang intentionally harmed the body of others and caused the death of the victim. His behavior constitutes the crime of intentional injury and should be punished in accordance with the law.

Although the defendant Zhou Guang did not surrender in time, he actively cooperated with the public security organs in the investigation, truthfully confessed the crime, pleaded guilty and repented, and had confession circumstances, so he could be given a lighter punishment according to law.

Another investigation showed that the defendant Zhou Guang was under 75 at the time of the crime and was not an elderly person’s crime as stipulated in Article 17-1 of the Criminal Law.

However, considering the fault of the victim Zhou Junshui, we recommend that the defendant be sentenced to six years in prison below the statutory penalty. complete! "After the prosecutor finished speaking, he put down the indictment in his hand.

According to the provisions of Article 234 of the Criminal Law, anyone who intentionally harms another person's body, causes death, or causes serious injury and severe disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death.

In Fang Yi's opinion, the prosecutor recommended that the court sentence Zhou Guang to six years in prison, which was already much lower than the minimum legal sentence (ten years). However, in his opinion, six years in prison was still a bit too much.

"Defendant, did you hear clearly the indictment just read out by the prosecutor? Do you have any objection to the criminal facts accused of you in the indictment?" the female judge asked.

"I heard clearly, there is no objection." In Zhou Guang's view, the comrades in the procuratorate had already given him a wide berth. Someone had told him before that he would be sentenced to at least ten years for the crime he committed.

"The public prosecutor can question the defendant about the criminal facts charged in the indictment." said the female judge.

"Okay, judge. Defendant Zhou Guang, why did you stab Zhou Junshui and cause his death?" the prosecutor asked.

"Zhou Junshui is my second son. On that day, he drank alcohol and saw that our husband and wife were not happy with each other. He picked up a bench on the ground and hit my wife's waist. My wife was knocked down by him and screamed in pain.

When I got angry, I cursed him a few times and wanted to help my wife into the house, but he rushed over and grabbed me by the collar, pushed me aside and fell to the ground..." Zhou Guang told the story of the past. Once again, tears appeared in his eyes.

He didn't know whether he was crying because his wife was injured or because he had given birth to a sinful son.

"Is the victim Zhou Junping always like this in the village? I mean, does he usually hit and scold the villagers and family members?" the prosecutor asked.

"Yes, my son Zhou Junshui has done a lot of bad things in the village. Everyone in the village hates him, but there is nothing they can do about him. He usually curses us and the old couple at home and beats people after drinking some wine." Zhou Guang said.

"I'm done asking!" the prosecutor said.

Fang Yi understood that the prosecutor asked in good faith. Only by letting the judge fully understand the situation at the time of the crime and the villagers' evaluation of the victim could he sentence the defendant to a sentence below the statutory sentence without legal reasons.

"Does the defendant's defender need to ask questions to the defendant?" the female judge asked.

"I need to ask a question." After Fang Yi finished speaking, he looked at Zhou Guang: "Defendant Zhou Guang, since you were so angry at the time, why did you choose to stab the victim's leg with a knife instead of stabbing his vitals?"

"I...he is my biological son! I can't do anything..." After Zhou Guang finished speaking, he was shaking all over and bursting into tears.

"What was your intention when you stabbed him in the thigh?" After a moment, Fang Yi continued to ask after seeing Zhou Guang's mood softening.

"I just want to teach him a lesson so that he won't be so arrogant." Zhou Guang said, wiping his tears.

yes! If the sky is crazy, there will be rain, and if people are crazy, there will be disaster. Don’t go too far in doing things and being a good person! Fang Yi couldn't help but sigh.

"The defender has finished asking questions!" Fang Yi said.

…

"The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate begins. The court debate mainly focuses on the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts. The public prosecutor will speak first." The female judge said.

"...The victim, Zhou Junshui, has been drinking alcohol for many years and committed domestic violence against his close relatives after drinking. After drinking on the morning of the incident, Zhou Junshui insulted and beat his parents again over trivial matters. He was obviously at fault in the cause of the case.

The behavior of the victim Zhou Junshui runs counter to the traditional virtues of the Chinese nation of respecting the elderly and caring for the young. After the defendant Zhou Guang was beaten by the victim Zhou Junshui, he became angry and took a knife from the kitchen to chase Zhou Junshui, and then stabbed him in the leg.

Based on the analysis of the source of the murder weapon, the location and number of stabbings, the defendant Zhou Guang showed some restraint in his behavior. The circumstances and means of the crime were ordinary, and the subjective viciousness was not deep. It was a temporary crime of passion, and he may be given a lighter punishment as appropriate.

This court held that although the defendant Zhou Guang did not have the statutory conditions to mitigate his punishment. However, the nature of this case is extremely special. It is a case that has no statutory mitigating circumstances but requires a sentencing below the statutory penalty. We recommend that Zhou Guang be sentenced to six years in prison below the statutory penalty in accordance with the law. "The prosecutor said.

"The defendant defends himself." the female judge said.

"I plead guilty and accept the punishment. I hope the court will treat me leniently..." Zhou Guang said and shed tears again.