Lawyer's character

A few days later, Shen Guilin walked into the conference room of Wanhua United Law Firm again. Fang Yi wanted to discuss the defense plan with him today.

"Mr. Shen, your son had no objection to the facts and charges of the case in the first instance. I have sorted out the case in the past few days. Judging from the existing case file materials, there are no problems with the criminal facts and charges determined by the first instance court. The only dispute is Is this case an attempted robbery or a completed robbery?

I went to the Municipal Procuratorate to discuss the case. The prosecutor in charge of the case believed that the case was completed, but I thought it was an attempt. The legal provisions are not very clear. It depends on how the second instance court determines it. I am prepared to plead guilty to a lesser crime for your son. "Fang Yi said.

"Lawyer Fang, I am just a hard worker in the company. I don't have much education. You can do whatever it takes to defend my son. I listen to you." After hearing what Fang Yi said, Shen Guilin expressed his position.

"Okay, I made an appointment to meet with Shen Hu at the detention center tomorrow to discuss the defense plan with him. At nine o'clock next Monday, Shen Hu's case will go to trial. If you come to observe, remember to bring your ID card." Fang Yi said.

Shen Guilin nodded and then left the law firm.

On the weekend, Fang Yi took his son Fang Anzhi to Beiguo Mall to buy some autumn and winter clothes, and then took him to have a Western meal. In the evening, he went to Huihuang for a bath and had a meal with Li Shuming.

Although it is said that a son is raised in poverty and a daughter is raised in wealth, his son cannot be less knowledgeable. Fang Yi tries his best to let his son Xiaozhi have as much contact with society and gain more knowledge. Avoid reading too much and thinking about exams, which will make you stupid!

In the evening, when Fang Yi was sending his son back, Fang Anzhi hesitated and said, "My mother asked me to live on campus starting from this semester. She said that I have grown up and have adapted to the new school after one semester. It's time to be independent!"

"Your mother is doing it for your own good. People must learn to grow up slowly and cannot always be by their parents' side. Remember to have a good relationship with your classmates. When you are growing, you must eat well. If you don't have enough food money, I'll make a call." Fang Yi held the steering wheel in his hand, glanced at his son, and said with a smile.

At this time, an old song by Li Zongsheng came from the radio in the car:

Do you still remember the dream you had when you were young, like a flower that never withers, accompanying me through the wind and rain, seeing the impermanence of the world, seeing the vicissitudes of life..., let's go, let's go, people must learn to grow up on their own, Let's go, let's go, life will inevitably experience pain and struggle, let's go, let's find a home for your heart, I have been sad and shed tears, and I have been heartbroken. This is the price of love...

yes! My son has grown up and it’s time to be independent! No matter how reluctant you are to let go, no matter how sad and heartbroken you are, you have to let go... This is the price of love.

Fang Yi suddenly felt a little sad in his heart. Time passed too fast, and he was already middle-aged in a blink of an eye!

The car stopped downstairs, Fang Anzhi got out of the car, turned around and waved to Fang Yi at the door of the building, and then went upstairs. Upstairs, Cao Xiaohui, who was standing behind the curtains in the bedroom, watched Fang Anzhi get out of the car. She felt a sudden pain in her heart. If she had not come to the city, if she had not been greedy for money, maybe she would not have fallen into the quagmire, let alone this. anxiety.

Life seemed to be playing a joke on her. In the past, Cao Xiaohui was most envious of a life of fine clothes, fine food, famous brands, and spending money like water. But now she wants to live an ordinary life.

Because there is a sword of Damocles hanging over her head, and she doesn't know when it will fall. Now she is enduring endless suffering! In order to reduce the impact on her son, she could only do this.

Her heart was filled with pain and regret, but there was nothing she could do!

Fang Yi returned to his residence, lit a red plum and sat facing the window, looking at the bright moon outside the window, and thought to himself: Why is it at this time? No, with Cao Xiaohui's character, how could she let her son live in school? If she really wanted her son to live on campus, why would she buy a house near the school? Is not this contradictory? Could it be...

On Monday morning, the second instance of Shen Hu's case opened in the 21st Courtroom of the Intermediate People's Court.

…

"Please ask the defense lawyer of the appellant Shen Hu to state the reasons for the appeal." the presiding judge said.

"The defender believes that the appellant Shen Hu stole other people's property and resisted arrest and used violence on the spot. His behavior constituted the crime of robbery. The court of first instance was not inappropriate in the characterization of his crime, but it did not determine that the crime of robbery in this case was an attempt.

In view of the fact that the appellant Shen Hu is a first-time offender, he has confessed and repented, and his family has already compensated the victim. This case was an attempted robbery. We request the court to change the sentence in accordance with the law and reduce the punishment of the appellant Shen Hu. complete. "Fang Yi said.

"Appellant Shen Hu, do you have any objection to the facts and charges found in the first-instance judgment?" the presiding judge asked solemnly.

"There is no objection. I recognize the facts and charges determined by the court of first instance." Shen Hu lowered his head and did not dare to look directly at the presiding judge.

…

"The court investigation is over and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense that the debate should mainly focus on determining guilt, sentencing and other controversial issues.

First, the appellant Shen Hu will defend himself. "The chief judge said.

Shen Hu's defense reason was based on Fang Yi's defense plan. He didn't know what French was and could only talk back and forth in wheelbarrow. The presiding judge couldn't stand listening anymore and stopped him from speaking.

"The defender of the appellant Shen Hu will speak next," the presiding judge said.

"Presiding judge, judge: The defender believes that in this case, the appellant Shen Hu stole an electric bicycle battery worth RMB 150, which did not meet the standard for a relatively large amount of theft. However, when he was intercepted by security guards, he resisted Arresting, beating the victim with fists and causing slight injuries to the victim should be considered a crime of robbery, and the defender has no objection to this.

However, the appellant's behavior should be considered an attempted robbery. The trial court did not consider the circumstances of attempted robbery when sentencing. Therefore, the defender believed that the trial court's sentence was too harsh.

Since the family members of the above-mentioned person have already compensated the victim, and the appellant is a first-time offender who has confessed and repented, and it was an attempted robbery, according to the provisions of Article 23 of the Criminal Law, attempted offenders can be treated in the same manner as completed offenders. A lighter or reduced punishment.

In summary, the defender recommended that the appellant Shen Hu be given a lighter punishment and be sentenced to one year in prison, and asked the court to change the sentence in accordance with the law. complete. "Fang Yi said.

Article 263 of the Criminal Law stipulates that anyone who robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined. Fang Yi recommended that Shen Hu be sentenced to one year in prison, which is already lower than the legal minimum sentence (three years) and is a mitigated punishment.

"The prosecutor will now speak," the presiding judge said.

"Presiding judge, judge: We believe that the court of first instance found that the appellant Shen Hu committed the crime of robbery. The facts are clear, the evidence is reliable and sufficient, the punishment is appropriate, and the procedures are legal. We ask the court to reject all the appellant's claims in accordance with the law." The prosecutor said .