Lawyer's character
Chapter 489 Working in vain
"Well, my opinions are basically consistent with Lawyer Fang's, but I'm not as thorough as Lawyer Fang thinks. Now please express your opinions. It's all for the client, so don't have any worries." Lawyer Zhao said with a smile.
…
A week later, the second trial of Zhuang Wenjing’s intentional injury case began. In the fifth trial court of the Provincial High Court, there were many people sitting in the auditorium, including Deng Gang's family members, Liu Min and others.
Zhuang Wenjing, who was sitting in the dock, was much calmer than when the first trial was held, but she was still uneasy and didn't know what the Provincial High Court would decide.
The presiding judge is a male judge in his forties with gray hair. The male judge next to him was reading the first-instance criminal verdict.
"The prosecutor will read out the protest." After the judge finished reading the criminal verdict, the presiding judge said.
"Presiding judge, judge: We believe that the protest made by the Municipal People's Procuratorate is inappropriate and have decided to withdraw the protest." After saying this, a male prosecutor in his thirties submitted the Procuratorate's decision to withdraw the protest to the presiding judge.
What? The protest has been withdrawn! If you had told me earlier, we would have been working in vain. Zhou Ying, who was beside Fang Yi, glanced at the prosecutor opposite and was very dissatisfied with him.
The presiding judge breathed a sigh of relief and said to himself: Brother, why don't you withdraw the protest and let me know in advance? Well, I have settled a case.
…
"...This court believes that: the facts of this case are clear and the evidence is conclusive. The first instance's criminal and civil judgment declaring Zhuang Wenjing innocent and not liable for civil compensation made based on the facts and evidence of this case is correct in the application of the law and the trial procedure is legal and should be upheld. Province The procuratorate's decision to withdraw the protest should be adopted.
In accordance with Article 189 (1) of the Criminal Procedure Law of the People's Republic of China and Article 241 of the Interpretation of Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China by the Supreme People's Court , the ruling is as follows:
1. Dismiss the appeal of Deng Gang’s family and uphold the civil judgment attached to the original trial.
2. Allow the Provincial Procuratorate to withdraw the protest. "The chief judge said.
Liu Min in the audience did not expect that her cousin's case would end like this. Not only did she not expect it, Fang Yi at the defense table was also surprised. She did not expect that the provincial high prosecutor would withdraw the protest, but this would save the war in court.
The happiest person in the entire courtroom was definitely Zhuang Wenjing. Her case was over, and she no longer had to go to jail. A stone in her heart finally fell to the ground, and she kept bowing to the prosecutor and the collegial judge.
Liu Min suddenly realized a problem. During the second instance, Fang Yi didn't say much. The lawyer's fees..., hey! Forget it, Yunmei still has to give her face.
A few days later, Lawyer Zhao and Lawyer Gao from Hua Liancheng's team walked out of the court.
"Old Zhao, Lawyer Fang's views are not entirely correct. If you look at this case, he didn't get to the point. What I said is right, right? The victim Wu Jianguo also has to bear some responsibility." Lawyer Gao said with a proud look on his face.
Li Zhiguo's intentional injury case, which Lawyer Zhao consulted with Fang Yi before, went to trial today, and the presiding judge pronounced the verdict in court.
The county court held that the defendant Li Zhiguo intentionally harmed the body of others with weapons, causing one person to be slightly injured. His behavior constituted the crime of intentional injury and should be punished in accordance with the law. The victim Wu Jianguo should be compensated for the material losses suffered due to this case.
Since Li Zhiguo truthfully confessed his crime after being brought to justice and was able to actively compensate the victim for part of his economic losses after the incident, he should be given a lighter punishment in accordance with the law. Wu Jianguo had certain faults in this case, and according to law, Li Zhiguo could be relieved of 20% of his civil liability for compensation.
The final county court decision was as follows:
1. The defendant Li Zhiguo was convicted of intentional injury and sentenced to one year and two months in prison.
2. The defendant Li Zhiguo should compensate the plaintiff Wu Jianguo in the attached civil lawsuit for his medical expenses, follow-up treatment expenses, hospitalization food subsidy, etc., totaling 58,600 yuan. After deducting the 20,000 yuan previously paid by Li Zhiguo, the remaining balance Thirty-eight thousand six hundred yuan shall be paid within ten days from the date when this judgment takes effect.
3. Dismiss other claims of Wu Jianguo, the plaintiff in the attached civil lawsuit.
After hearing the verdict, lawyer Zhao was a little confused about the criminal part of the sentence. Since Wu Jianguo was found to be at fault, why was the defendant Li Zhiguo still sentenced to one year and two months? Moreover, the court did not consider the victim’s fault when sentencing.
After Lawyer Zhao expressed his doubts, Lawyer Gao also felt that it seemed reasonable. However, no matter what, the defendant accepted the court's decision and did not intend to appeal. Their work is done. As for whether the victim will appeal the civil part, the result is obvious, because the victim Wu Jianguo is very dissatisfied with the court's decision.
Sure enough, a few days after the verdict was issued, the victim Wu Jianguo filed an appeal on the civil part.
After the trial, the Intermediate People's Court held that the defendant Li Zhiguo's behavior constituted the crime of intentional injury. His behavior caused minor injuries to the victim Wu Jianguo, and he should bear corresponding civil liability for the material losses suffered by Wu Jianguo. The trial procedure of the original judgment was legal, but it was found that the victim Wu Jianguo had certain faults in this case, and it was improper to reduce Li Zhiguo's civil liability for compensation accordingly. This should be corrected, and the judgment was changed as follows:
1. Uphold the third item of the county People’s Court’s criminal-included civil judgment;
2. Revoke the second item of the criminal incidental civil judgment of the County People’s Court;
3. The defendant Li Zhiguo in the original trial shall compensate the appellant Wu Jianguo for all losses suffered due to this case. After deducting 20,000 yuan, the remaining balance shall be paid within ten days from the date when the judgment becomes legally effective.
When Lawyer Zhao and Lawyer Gao learned the result of the second instance verdict from Li Zhiguo's wife, they couldn't help but admire Fang Yi's level. They couldn't accept it. Of course, this is all a later story, Fang Yi doesn't know what they think.
At the end of June, Fang Anzhi finally finished the exam, and Fang Yi sent him to his hometown to find his grandfather. He was left alone at home again.
On this day, Fang Yi received a call from Li Shuming, asking him to go to Huihuang when he was free in the evening and to see him if he had anything to do. Fang Yi knew that Li Shuming had been so busy lately that he hit the back of his head with his feet, so he wouldn't have said that if he had nothing to do. That night, Fang Yi went to Huihuang.
"Have you decided to go to Germany?" Fang Yi asked with a smile after walking into Li Shuming's office and sitting on the sofa.
“It’s decided, we’re initially scheduled to fly there on July 20th.
By the way, I have completed all the procedures for Xiaozhi. He will be back at the end of August this time. I plan to let my daughter take Xiaozhi to visit her school, and then to the University of Munich and other well-known German universities. Down. "Li Shuming said.
"Thanks, but Xiaozhi has his own ideas. I wonder if he will change his previous mind." Fang Yi said.
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