Lawyer's character

At the beginning of this year, She Qingyun returned to the village and after helping her family pay off the last famine payment, she filed for divorce from Song Dachun.

The family was already poor, and it was not easy for Song Dachun to find a wife. He thought that the famine was over, that he could live a good life, and that the family's life would no longer be as embarrassing as before, but his wife proposed a divorce. He could not accept her request for divorce. In order to tie up She Qingyun and prevent her from going out to work again, he thought about it and came up with a wrong idea.

One week before the Chinese New Year, Song Dachun found his cousin Yan Shaoxing from the next village and instigated him to find someone to chop off the index finger and ring finger of She Qingyun's right hand, or cut off She Qingyun's ear, and told him that She Qingyun had brought a lot of money when he came back this time. After it was done, all the property She Qingyun brought back was distributed to him, which was regarded as a reward for doing the work. At the same time, in order to prevent She Qingyun from doubting himself, Song Dachun asked his cousin to turn the crime scene into a robbery.

Yan Shaoxing had no legitimate occupation and made a living by farming. He usually liked to play a few games, so that day he found his gambling friend Zhou Deming and explained Song Dachun's request. The two knew that She Qingyun had earned a lot of money working outside in recent years. Seeing that the New Year was coming, Zhou Deming and Zhou Deming decided to work together and have a good time during the New Year, so they agreed to Song Dachun's request.

Yan Shaoxing and Yan Shaoxing decided that chopping off their fingers was too bloody, mainly because they didn't have the guts, and finally decided to cut off the ears. But they couldn't decide who would do it. After being "polite" for a while, they finally drew lots and decided that Yan Shaoxing would do it. .

On the night of the 28th of the twelfth lunar month, Yan Shaoxing took his newly purchased butcher knife and went to lurk near Song Dachun's house with Zhou Deming. That night, Song Dachun deliberately had a quarrel with his wife She Qingyun and took his son to live with his parents for the convenience of Yan Shaoxing and his two men.

At around two o'clock in the morning, Yan Shaoxing and Yan Shaoxing, wearing masks and holding knives, scaled the courtyard wall of Song Dachun's house, secretly pushed open the wooden door stick, and entered the bedroom where She Qingyun slept.

She Qingyun, who was sleeping on the kang, heard the sound. When he raised his head, he saw a figure flickering. Zhou Deming was already on the kang, with the knife in his hand placed on She Qingyun's neck. Yan Shaoxing came over and asked She Qingyun for money. Although Song Dachun and Yan Shaoxing were cousins, She Qingyun only met Yan Shaoxing once when they got married. Later, She Qingyun went out to work for many years, and the two did not recognize each other even if they met while walking. So She Qingyun didn't remember Yan Shaoxing at all.

Two people suddenly broke into the house in the middle of the night. She Qingyun was so frightened that she immediately told Yan Shaoxing to put the money in the wooden box in the corner. Yan Shaoxing quickly walked to the wooden box. After rummaging around for a while, he found more than 2,000 yuan and put a mobile phone and charger on the table into his pocket.

Seeing that Yan Shaoxing succeeded, Zhou Deming felt happy. He suddenly found that She Qingyun in bed was wearing a gold necklace around her neck, so he grabbed it and grabbed a gold ring from her hand (later verified by the public security organ, the gold necklace was The ring and gold necklace are worth more than 3,000 yuan).

Afterwards, Yan Shaoxing saw that She Qingyun had no other belongings, so he communicated with Zhou Deming with eyes. Finally, Yan Shaoxing was nervous and came to the kang with a butcher knife. Zhou Deming pressed She Qingyun's head with his hand. The latter had a premonition that something was not good and struggled. As she screamed, Yan Shaoxing's hands trembled and he only cut off half of her right ear (which was determined to be a serious injury after forensic examination).

Yan Shaoxing and his two men were afraid that people from the neighbors would block them in the house, so they hurriedly fled the scene. After the village director learned that the Song family had been robbed, he immediately called the police.

Afterwards, Zhou Deming and Yan Shaoxing were discovered while selling stolen goods and called the police. They were subsequently arrested and Yan Shaoxing bit Song Dachun out.

At around one o'clock in the afternoon, Zhou Ying came to Fang Yi's office again, and Wu Qinghui followed him in like a follower. He took a notebook and pen and sat on the sofa like a primary school student waiting for class. He was very well-behaved, but his eyes were wide open. Secretly looking at Zhou Ying.

"Xiao Zhou, please write the relationship diagram of this case and the timeline of the incident on the whiteboard." Fang Yi said with a smile.

"Okay!" Zhou Jing picked up a pen and drew a horizontal axis based on the case file materials and marked the timeline of the case and the order of the defendant's actions.

"What do you think about this case? Let me tell you your opinion first." Fang Yi said while holding a tea cup.

"Okay." Zhou Ying agreed, opened her laptop and said, "There are three defendants in this case, Zhou Deming, Yan Shaoxing and Song Dachun.

I believe that Zhou Deming and Yan Shaoxing constituted the crime of robbery, and it was a house-breaking robbery, causing serious injuries to the victim during the robbery. They should be sentenced to at least ten years in prison.

I have discussed with the lawyers in my team how to characterize defendant Song Dachun’s behavior. We currently have two opinions:

The first opinion is that although the defendant Song Dachun clearly instructed the defendant Yan Shaoxing to snatch away the valuable items brought back by She Qingyun, he subjectively just wanted to give the property brought back by his wife to Yan Shaoxing and Yan Shaoxing as their reward. He lured Yan Shaoxing and the others to intentionally harm his wife in order to prevent his daughter-in-law from going out to work.

The robbery was just a fake created by Song Dachun and Yan Shaoxing to avoid arousing She Qingyun's suspicion. Song Dachun subjectively had no intention of instigating Yan Shaoxing and the robbery. Therefore, Song Dachun's behavior should only constitute the crime of intentional injury and not the crime of robbery.

The second opinion is that the defendant Song Dachun not only instigated the defendant Yan Shaoxing to commit intentional injury, but also instigated Yan Shaoxing to commit robbery. Therefore, Song Dachun not only constituted the crime of intentional injury (abetment), but also constituted the crime of robbery (abetment).

What do you think? "After Zhou Ying finished speaking, she looked at Fang Yi and asked for his opinion.

"Xiao Wu, what do you think?" Fang Yi suddenly looked at Wu Qinghui who was sitting aside, and the latter was secretly looking at Zhou Ying's back, feeling excited in his heart. When Fang Yi asked this question, he looked confused and didn't care at all. I know what Fang Yi is asking.

"Ah! I can do it, you decide." Wu Qinghui replied nonchalantly.

Zhou Ying glanced at him helplessly. Fang Yi smiled and ignored his presence.

"So, the key point of the dispute now is: Can the behavior of the defendant Song Dachun constitute the crime of robbery? Is that right?" Fang Yi asked Zhou Ying.

"Yes, and whether Zhou Deming and Yan Shaoxing were only guilty of robbery, or whether they were guilty of robbery and intentional injury, and punished for several crimes. In fact, the problem of Song Dachun has been solved, and the two of them have basically been convicted. "Zhou Ying replied.

"Well, first of all, Song Dachun committed a crime of abetting in this case. Do you have any objection to this?" Fang Yi looked at Zhou Ying.

"Well, Song Dachun instigated his cousin to commit crimes, and he is an abettor." Zhou Ying nodded.

The two supplementary updates are all uploaded. Writing a book is not easy, so please support me, book friends! Thank you!