Lawyer's character

"Defendant Zhuang Wenjing, where did you get your fruit knife?" the presiding judge asked.

"I bought it from a small stall when I went to the county fair." Zhuang Wenjing said.

"When did you buy it?" the presiding judge asked.

"It's been about half a year, I can't remember the exact time," Zhuang Wenjing said.

"Defendant's defender, you can now ask the defendant questions about relevant matters." the presiding judge said.

"Okay, presiding judge." Fang Yi looked at the dock: "After the defendants Zhuang Wenjing, Zhou Tao and Deng Gang broke into the dormitory, how did the other people in the dormitory react?"

"We were all frightened at the time, pulling on the quilt and huddled on the bed. Others were like me, and everyone shouted to let them out," Zhuang Wenjing said.

"Do you know why Zhou Tao asked Xue Hong to go out?" Fang Yi asked.

"I don't know. I only know that Zhou Tao likes Xue Hong, but Xue Hong doesn't agree to be good with him. I thought at the time that Zhou Tao and Deng Gang drank wine and came to our dormitory in the middle of the night to ask Xue Hong to come out. There must be no good things going on." Zhuang Wenjing road.

"How do you know they were drunk?" Fang Yi asked.

"At that time, I went to recommend Zhou Tao. Zhou Tao smelled of alcohol all over his body, and Deng Gang also smelled of alcohol." Zhuang Wenjing said.

"Do you have any conflicts with Deng Gang and Zhou Tao?" Fang Yi asked.

"There is no contradiction." Zhuang Wenjing said.

"Why did you go to save Xue Hong?" Fang Yi asked.

"Because Xue Hong and I usually have a good relationship, but I can't just watch her being bullied by Zhou Tao," Zhuang Wenjing said.

"Why did you stab Deng Gang with a knife? Why didn't you run out and call someone?" Fang Yi asked.

"At that time, Deng Gang suddenly rushed towards me and hit me with a dumbbell. Before I could run away, I subconsciously stabbed him with a knife." Zhuang Wenjing said.

"Where did Deng Gang want to hit you with the dumbbell?" Fang Yi asked.

"Smash my head." Zhuang Wenjing said.

"Presiding judge, the defender has finished asking questions." Fang Yi said.

"... Now regarding the conviction facts of this case, the prosecution and defense will present evidence and cross-examine the evidence. The prosecutor will first present the evidence." The presiding judge said.

"The first piece of evidence is Zhou Tao's testimony.

The content of the testimony is: At about 7 o'clock on the night of the incident, he and Deng Gang went to the villa to look for Xue Hong, but were stopped by the manager on duty at the villa. After that, the two waited outside the villa until about 1 a.m., and after all the guests in the villa left, they went to the dormitory to find Xue Hong.

After they entered the courtyard, they knocked on the door of the dormitory and asked Xue Hong to come out, but Xue Hong refused. Afterwards, Zhou Tao became furious and kicked open the door. Afterwards, Zhou Tao walked directly to Yin Xiaohong's bed and asked her to go out with him, but Xue Hong refused. Later, Zhou Tao lifted Xue Hong's quilt, pulled her out of bed, and the two started fighting.

Zhuang Wenjing saw him beating Xue Hong, so she got up and got out of bed to stop him. She and Zhou Tao pulled each other, and he tore Zhuang Wenjing's clothes.

Later, when he saw Zhuang Wenjing taking out a fruit knife and dancing wildly, he stepped back. Deng Gang happened to be standing aside, so he rushed forward to help him stop Zhuang Wenjing.

Later, Zhou Tao saw Deng Gang covering his chest with his hands and falling down. Because Deng Gang was in front of him with his back to him, he didn't see Zhuang Wenjing stab Deng Gang, and he didn't know how he was injured.

After Deng Gang fell to the ground, he saw blood pouring from Deng Gang's chest. The knife in Zhuang Wenjing's hand fell to the ground, and she ran out screaming. After that, Deng Gang ran to the duty manager Zhao Sheng and drove Deng Gang to the hospital.

This evidence proves that at the time of the incident, Zhou Tao had no intention of insulting Zhuang Wenjing and Xue Hong, but in a drunken impulse he tore their clothes while pulling at them. "The prosecutor said.

"What objection does the defendant Zhuang Wenjing have to this evidence?" the judge asked.

"No objection." Zhuang Wenjing said.

"What opinions does the defendant's defender have on the evidence?" asked the presiding judge.

"The defender had objections. According to the witness testimony of Zhou Tao submitted by the prosecutor, Zhou Tao said that because Xue Hong snitched to the manager of the resort, which resulted in their dismissal, he and Deng Gang both hated Xue Hong. The two discussed We went to the villa together to pull Xue Hong out, teach her a lesson, and help Zhou Tao turn raw rice into cooked rice, without fear of her disobedience.

As the main witness in this case, Zhou Tao's testimony did not mention how Deng Gang hit Zhuang Wenjing with a dumbbell, nor did he mention the key fact of how Zhuang Wenjing stabbed Deng Gang with a knife. However, he did mention how he and Deng Gang conspired to go to the villa dormitory. , an attempt to commit an act of revenge.

It is incorrect for the prosecutor to omit this testimony that is beneficial to the defendant Zhuang Wenjing when reading the witness testimony, and should supplement it. "Fang Yi said.

"Prosecutor, please read out the part of Zhou Tao's testimony about the conspiracy between the two." After reading the testimony, the presiding judge looked at the prosecutor and said.

Although the two prosecutors felt unhappy, they had no choice but to obey the words of the presiding judge. They knew that if the conspiracy part between Zhou Tao and Zhou Tao was read out, it would be very detrimental to the prosecutor's accusation, so they deliberately concealed it and did not read it out.

"The second piece of evidence is Xue Hong's testimony.

The content of the testimony is: On the night of the incident, at about 7 o'clock, Zhou Tao called Xue Hong to ask about his expulsion from the villa. He scolded Xue Hong and asked her to go to the gate of the villa to apologize to him, but Xue Hong refused. Zhou Tao told her that if she didn't come out, he would go in to find her and make her look good.

At around 1 a.m., Zhou Tao and Deng Gang smashed the dormitory door and asked Xue Hong to come out, but she refused. Zhou Tao kicked open the door and broke into the dormitory, followed by Deng Gang.

Zhou Tao snatched the quilt away from her and then dragged her out of bed. During the tugging process, Zhou Tao tore her pajamas and underwear, kicked her four times, and pulled her out by her hair. .

At this time, Zhuang Wenjing got off the bed, pushed Zhou Tao from behind, and tried to dissuade him. But Zhou Tao refused to listen and hit Zhuang Wenjing hard in the mouth. Then he pulled the front of Zhuang Wenjing's pajamas hard and tore them, exposing her beauty.

Xue Hong took the opportunity to hide by the wall, tightly wrapped in pajamas. When she looked at Zhuang Wenjing again, she saw a fruit knife in her hand and was slashing at Zhou Tao. Zhou Tao didn't dodge in a hurry and was slashed on his right arm.

After that, Zhou Tao hid at the door of the dormitory. Deng Gang, who was on the side, picked up the dumbbell on the ground and threw it at Zhuang Wenjing. Then he turned around and wanted to run out. Then he suddenly fell down. His body twisted several times, blood oozed from his chest, and the ground was stained red with blood.

This testimony proved that the victim Deng Gang was stabbed to death by the defendant Zhuang Wenjing. "The prosecutor said.

Neither Zhuang Wenjing nor Fang Yi had any objection to this testimony. The presiding judge allowed the prosecutor to continue presenting evidence.

“The third piece of evidence is Zhao Shuang’s testimony.

The content of the testimony is: Zhao Shuang, Xue Hong and Zhuang Wenjing are both waiters at the villa and live in the same dormitory. At around 1 a.m. on the day of the incident, Zhou Tao knocked on the dormitory door and asked Xue Hong to open the door, but Xue Hong refused.

Then Deng Gang and Zhou Tao kicked open the dormitory door and broke into the dormitory. Zhou Tao went directly to Xue Hong's bedside, and the two started fighting without saying a few words. Zhuang Wenjing got out of bed and helped Xue Hong beat Zhou Tao.

At this time, Deng Gang picked up a dumbbell from the wall and rushed towards Zhuang Wenjing. Deng just threw the dumbbell and fell to the ground. Zhuang Wenjing's pajamas were torn. She stood on the dormitory floor in a daze with a fruit knife in her hand. Then she screamed and ran out of the dormitory.

This testimony proved that the victim Deng Gang was killed by Zhuang Wenjing. "The prosecutor said.

Zhuang Wenjing recognized this evidence, and Fang Yi also recognized this evidence.

“The fourth piece of evidence is Zhao Sheng’s testimony.

The content of the testimony is: At about seven o'clock in the evening on the day of the incident, he was on duty at the villa. Deng Gang and Zhou Tao were going in to look for Xue Hong, and they happened to be bumped into by him.

Because there were guests in the villa and the two of them drank, he didn't let them in for fear of causing trouble. At about 2:30 in the morning, Zhou Tao knocked on his room door and asked him to help take Deng Gang to the hospital. At this time, he found that Zhou Tao's arm was bleeding.

He followed Zhou Tao to the dormitory and found Deng Gang lying on the ground in the dormitory, with his head hurt and a large pool of blood on the ground. He and Zhou Tao took Deng Gang to the hospital and called the police.

This evidence proves that Deng Gang died in the girls' dormitory, and the dormitory was the scene of the first crime. "The prosecutor said.

Next, the prosecutor presented the fifth, sixth, seventh, eighth, and ninth pieces of evidence.

The fifth piece of evidence, the autopsy report, proved that Deng Gang died of acute hemorrhagic shock as a result of his heart being pierced by a sharp instrument (a single-edged knife). The white fruit knife extracted from the scene could have caused the above-mentioned injuries.

The sixth piece of evidence, the on-site investigation record, proves that the site is the dormitory of the villa hostess. There were flakes and dots of blood stains on the floor of the dormitory room.

The seventh piece of evidence is the alarm record of the public security organ. The main content is: the alarm person Zhao Sheng dialed "110" at 3:21 a.m. on the day of the incident.

The eighth piece of evidence, physical evidence, is a dumbbell weighing 1,500 grams, with the victim's fingerprints on it; a fruit knife with a blade length of 12 centimeters and a width of 1.8 centimeters. After testing, the blood stains remaining on it belong to the victim.

The ninth piece of evidence is a written material from the public security agency describing the arrest. The main content is: Zhuang Wenjing was captured and brought to justice by the public security agency at 4:10 a.m. on the day of the incident.

Zhuang Wenjing accepted all the above evidence, and Fang Yi did not raise any objection.

…

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around 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 prosecutor will speak first. "The chief judge said.

"Presiding judge, judge:

The public prosecutor believes that the defendant Zhuang Wenjing ignored the national law, deliberately harmed the health of citizens due to trivial matters, and caused death. His behavior violated the provisions of Article 234, paragraph 2, of the Criminal Law of the People's Republic of China, and constituted the crime of intentional injury. should be punished. Considering that the victim had certain faults and that the defendant had excessive defense, it is recommended that the defendant Zhuang Wenjing be sentenced to fifteen years in prison. complete. "The prosecutor said.

"The defendant Zhuang Wenjing defended himself," the presiding judge said.

"I'm not guilty enough. I was trying to save Xue Hong and myself. At that time, I thought they were going to harm us, so I stabbed him with a knife..." Zhuang Wenjing became incoherent after she spoke, and the presiding judge stopped her from doing anything. defend.

"The defendant's defender expressed his defense opinion," the presiding judge said.

"Presiding judge, judge:

Before I express my defense opinion, please allow me to express my condolences to the family of the victim on behalf of the defendant (the deceased is the oldest, so if you say a few more words, you may avoid being criticized after leaving the court. There are many family members of the deceased in the auditorium, all following with their eyes. Looking at it like a knife).

The defender believed that the defendant Zhuang Wenjing’s behavior did not constitute a crime and was legitimate defense. The reasons are as follows:

Zhou Tao is the main witness in this case. Although there was no mention in his testimony of how Deng Gang hit the defendant Zhuang Wenjing with a dumbbell and how he was stabbed by Zhuang Wenjing with a knife, this plot was both mentioned in Zhuang Wenjing's confession and the testimonies of witnesses Xue Hong and Zhao Shuang. It was confirmed and the victim's fingerprints were on the evidence dumbbell.

Looking at the confession of defendant Zhuang Wenjing and the testimonies of Xue Hong, Zhao Shuang and Zhou Tao, combined with the on-site investigation, it was found that at the time of the crime, the victim Deng Gang did conspire with Zhou Tao to enter the villa dormitory to drag Xue Hong out for revenge, and Deng Gang Trying to take the opportunity to help Zhou Tao "make cooked rice from raw rice", and plot against Xue Hong. Later, the two broke into the dormitory together to implement the plan and attempted to drag Xue Hong out of the villa, but were blocked by the defendant Zhuang Wenjing. To this end, Deng Gang picked up the dumbbells on the ground and threw them at Zhuang Wenjing who was blocking their actions.

The female employees’ dormitory of the hotel involved in the case is a residence provided by the hotel for female employees to rest and deal with personal privacy matters. Breaking into the female workers’ dormitory without permission has seriously violated the legal rights of the female employees in the dormitory.

Article 20, Paragraph 1, of the Criminal Law stipulates that any act taken to stop an unlawful infringement in order to protect the country, public interests, the personal, property and other rights of oneself or others from ongoing unlawful infringement shall be punished against the unlawful infringer. If the damage is caused, it is legitimate defense and will not bear criminal responsibility.

Paragraph 3 stipulates that any person who takes defensive actions in connection with an ongoing assault, murder, robbery, rape, kidnapping, or other violent crime that seriously endangers personal safety, resulting in casualties or injuries to an unlawful intruder, does not constitute excessive defense and will not be held criminally responsible.

After Zhou Tao and the victim Deng Gang broke into the female workers' dormitory at about 1 a.m., Zhou Tao beat Xue Hong and tore off her pajamas. Zhou Tao's behavior was enough to make the four female workers in the dormitory feel isolated and helpless. panic.

When Zhuang Wenjing stopped Zhou Tao's behavior, she was beaten by Zhou Tao and her pajamas were torn. When the personal safety of herself and others was seriously violated, the defendant Zhuang Wenjing used her fruit knife to scratch Zhou Tao's upper right arm and forced him back, thus protecting Xue Hong and her own personal safety.

At this time, the injured Zhuang Wenjing used a fruit knife to scratch Zhou Tao, who broke into the dormitory and committed the assault. This was a defense against the ongoing infringement, and the defense did not exceed the necessary limit. This defense was a legitimate defense.

The crime occurred in the dead of night. The defendant Zhuang Wenjing was isolated and helpless. She was beaten and humiliated, and was in great physical and mental humiliation and panic. At this time, Deng Gang raised a dumbbell and threw it at him. A three-pound dumbbell hit his head but was seriously injured. Faced with this situation, Zhuang Wenjing used the knife in her hand to defend herself, without exceeding the necessary limit.

To sum up, the defendant Zhuang Wenjing's actions of scratching Zhou Tao and stabbing Deng Gang to death were acts of self-defense. He is not criminally responsible and should not bear civil liability for compensation. complete. "Fang Yi said.

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