Lawyer's character

"Do you know the victim Gao Gang (the man who called)?" the prosecutor continued to ask.

"I don't know." Gucci shook his head.

"Who made the first move at the time of the crime?" the prosecutor asked, skipping the reason and motive of the defendant's move.

"It's Hao Dayuan. He said he could knock him down in one minute." Gucci followed the prosecutor's question and said.

"What did you do?" The prosecutor asked Gucci without giving him any time to think.

"I saw they were fighting, so I went to help." Gucci blurted out. In his opinion, this is the fact and there is nothing wrong with what he said.

"Did the defendant resist?" the prosecutor continued to ask.

"Resisted, the three of us knocked him down." Gucci said.

"What do you mean by putting him down?" the prosecutor asked.

"Taking him down means we knocked him down. At that time, Hao Dayuan was on top of him, and Cui Dongpo held down his legs. He didn't let go until the other party stopped resisting..." Gucci said

"What did you do during this period?" the prosecutor asked.

"I saw him grabbing his hands, so I went up and kicked him twice," Gucci said.

"How come the victim's cell phone is on you?" the prosecutor suddenly asked.

"I...I kicked him and saw most of the phone in his pocket was exposed, so I grabbed it and stuffed it into his pocket. The police came right after, and I ran away..." Gucci I was a little flustered by the question.

"Presiding Judge, the prosecutor has finished asking questions," the prosecutor said.

"The defendant's defender can ask questions to the defendant," the presiding judge said.

"Defendant, you just said that you vomited on the way back because you drank too much. Then you, Hao Dayuan and Cui Dongpo were resting on the roadside. Why did you suddenly beat the victim?" Fang Yi asked.

"At that time, a man who was on the phone came over and we didn't recognize him. Hao Dayuan told us that he could knock the man down within a minute. We were drunk at the time, and Cui Dongpo said something to him. He was a little embarrassed. If you can't get off, throw the man down.

But because he drank too much, he didn't knock him down, but started fighting with him, and suffered a small loss. Cui Dongpo and I ran over to help beat the man.

I really didn't want to rob the man at that time, I just wanted to prevent Hao Dayuan from suffering. I did it out of loyalty to my brother. ” Gucci explained.

"Why was the victim's cell phone on you? What were you thinking at the time?" Fang Yi asked calmly.

"I was drunk and my brain wasn't working very well. At that time, the man fell to the ground. After I kicked him twice, I saw that he had a mobile phone in his pocket, so I grabbed it. Then the police came and I was arrested. Caught..." Gucci felt very sad. He really didn't want to snatch the other person's phone that day. He didn't even know what he was thinking at the time. Drinking would have ruined things!

"When you were snatching the phone, were Hao Dayuan and Cui Dongpo beating the victim, or was the victim under their control?" Fang Yi asked.

"No, at that time the other party was lying on the ground and shouted for submission. The two of them didn't do anything anymore. They just stood aside and breathed heavily." Gucci said.

"Did you resist when the police arrested you?" Fang Yi asked.

"No, I didn't know who kicked me at that time. After I fell to the ground, I was handcuffed directly, and I didn't even react." Gucci said with a bitter face.

"Presiding judge, the defender has finished asking questions." After Fang Yi finished speaking, he looked at the presiding judge.

…

“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 presiding judge said after finishing writing on the paper with a pen.

"Presiding judge, judge: ... the prosecutor believes that the defendant Gucci and others were drunk and causing trouble. When he saw the victim passing by, he suddenly used violent means to rob the victim of his money. His behavior constituted the crime of robbery.

The prosecutor recommended that the defendant be sentenced to five years in prison. complete. "The prosecutor spoke.

…

"The defendant's defender expressed his defense opinion." The presiding judge looked at Fang Yi at the defense table.

“Presiding Judge, Judge: The defender believes that defendant Gucci’s behavior does not constitute the crime of robbery, but constitutes the crime of robbery. The specific reasons are as follows:

1. The defendant’s behavior does not meet the characteristics of robbery.

According to Article 263 of the Criminal Law, the crime of robbery refers to the act of seizing public or private property on the spot for the purpose of illegal possession, using violence, coercion or other methods.

According to the above provisions, the perpetrator of the crime of robbery must subjectively aim to illegally and forcefully possess other people's property, and objectively manifest it as committing violence, coercion or other acts against the victim, and the purpose of committing the above acts must be to obtain on the spot Other people's property.

In this case, the defendant Gucci first teamed up with others to cause trouble while drunk, and beat the victim without any reason. After that, Gucci suddenly wanted to make money. Taking advantage of the victim being knocked to the ground, he openly took his cell phone and ran away. He was later captured by the police.

When Gucci and his accomplices beat the victim, they did so just to show off their loyalty to their buddies and had no intention of robbing money.

The existing evidence in the case cannot prove that Gucci and his accomplices beat the victim for no reason to steal money, and the existing evidence does not reflect that Gucci and others asked for property from the victim when they beat him. Therefore, Gucci and his associates beat the victim for no reason while drinking. Others are simply provoking troubles. This behavior has nothing to do with Gucci's subsequent behavior of seizing the victim's mobile phone for personal gain.

The previous attempts by Gucci and his associates to cause trouble, and Gucci's personal motive for personal gain, taking the opportunity to seize the victim's mobile phone, are two independent acts of completely different natures carried out under the control of two different subjective intentions.

When committing violent beatings, Gucci and his accomplices had no intention or purpose of robbing property, and the violent behavior cannot be regarded as Gucci's personal means of seizing other people's property.

Afterwards, Gucci took advantage of the situation and took advantage of others' property. The violent beating was over. After Gucci kicked the victim twice, he did not continue to use violence against the victim in order to obtain the victim's mobile phone.

The victim's statement also confirmed that no one was beating him when his cell phone was robbed. Subsequently, the public security personnel arrived. The defendant Gucci did not resist when he escaped and was arrested, and there was no case for the crime of conversion robbery.

It can be seen that the purpose of the defendant Gucci and others' intrusion into other people's bodies was not to rob others of their property; objectively speaking, the defendant and others did not take the opportunity of invading the victim's person to illegally and forcibly possess the victim's property. Therefore, the defendant's behavior Does not meet the characteristics of robbery.

2. The defendant’s behavior constituted the crime of robbery.

According to the provisions of Article 267 of the Criminal Law, the crime of robbery refers to the act of openly seizing a relatively large amount of public or private property for the purpose of illegal possession and taking advantage of others' unpreparedness.

According to the above provisions, the crime of robbery takes advantage of the unpreparedness of the person, does not use violence, but uses force, and this force only acts on the robbed property, while the crime of robbery uses violence and directly inflicts violence on the victim. Human body, forcing its body.

As far as this case is concerned, the behavior of the defendant Gucci and his accomplices in drunkenly provoking quarrels and beating the victim for no reason was not a means for Gucci to seize property; and the subsequent seizure of property was just a temporary move by the defendant to take advantage of the victim's unpreparedness to seize his mobile phone. Therefore, If the crime does not meet the characteristics of robbery, it should be deemed as robbery.

Since the defendant is a first-time offender and he confessed truthfully after being brought to trial, we ask the court to give him a lighter punishment. The defender recommended that the defendant be given a suspended sentence. complete. "After Fang Yi finished speaking, he looked at the presiding judge.

…

There is another chapter, wait a minute, I am typing it.