Madman Zhang San: That Hammer, You Are Finished
Chapter 194
Under the expectations of the three judges Wu De, Lin He said faintly: "As for the defendant's second point of view, in that situation, as long as Lin Youyou called for help, the connection could be interrupted."
"I really don't agree with this!"
"Here, I would like to state that my client, Lin Youyou, is under the age of eighteen this year and is legally a minor."
"The defendant, Li Yexiong, is 30 years old this year. There is a huge difference in age, experience and life experience between the two."
"Moreover, his identity is still Lin Youyou's manager, and the two belong to a subordinate relationship."
"Li Yexiong's status as a manager also has a huge advantage for a new employee like Lin Youyou."
"No matter how you look at it, Li Yexiong has a mental suppression effect on Lin Youyou!"
"Even if he didn't use violent coercion at the time, these psychological suppressions were enough to make a little girl like Lin Youyou not able to resist and dare not resist!"
"And, most importantly, the connection between the two was not stopped naturally, but was forcibly cut off by Lin Youyou."
"Can't this prove that Li Yexiong coerced our client at that time?"
After listening to Lin He's argument, Ma Tao was stunned.
Has he always been this sharp?
Also, Lin Youyou is only eighteen years old this year, so I don't even know about this.
Li Yexiong used his dominant position, and since the other party was still a minor, it was indeed a bit difficult for this matter to develop so far.
Ma Tao's eyes turned sharply, thinking about how to refute the other party.
Boom!
"Next, ask the defendant to make a statement or put forward a point of view to refute!"
Ma Tao searched his stomach, already had an idea in his heart, and said with a sneer, "I will admit that what the plaintiff's lawyer said is objective facts."
"But just based on these, it is too subjective to assume that our client is at the tip of the gun."
"After all, this is all your imagination. If you want to be convicted, it is not enough."
"The courtroom is a place where evidence is important..."
The biggest difference between a criminal case and a civil case is that in order to convict a criminal case, it is necessary to produce tangible evidence, otherwise, it is necessary to make an inference that is beneficial to the perpetrator.
In a word, without evidence, everything is empty talk.
It is based on this that Ma Tao dares to be so fearless.
Lin He chuckled: "I naturally have the evidence."
"I have here a transcript of Li Yexiong made by the police station at that time, and it also contains the fingerprints that Li Yexiong pressed."
"I made a few copies on purpose, do you want to verify the authenticity?"
Hearing the words 'the police station record', Ma Tao's eggs shrank suddenly.
This record turned out to be...
But on second thought, it didn't seem like a big deal.
If there is really anything wrong with the transcript, Li Yexiong would have been arrested a long time ago, and the case does not need to be delayed until now for the second trial.
After figuring this out, Ma Tao shook his head generously: "No need, I'll ask the plaintiff's lawyer to show it."
"What evidence is there in the record in your hand to prove that my client Li Yexiong had coerced Lin Youyou that night?"
Lin He shrugged and handed over the transcript in his hand to the three judges on the stage.
Only then did he say: "The three judges, please look at Article 59. The police comrade asked: What did you say at that time?"
"Li Yexiong replied: I was just joking, baby, listen to the leader, or I will be angry!"
"Article 66, Li Yexiong replied: Don't yell, there are people coming and going here, if anyone sees it, it would be a shame."
As soon as Lin He finished speaking, Li Yexiong in the dock couldn't sit still.
Roaring: "What does this mean? I usually joke with Lin Youyou like this. If you don't believe me, you can ask her."
"Just kidding?" Lin He sneered: "Sorry, my client doesn't think you're joking."
Immediately, he looked at the judge on the stage and said, "Comrade Judge, let me give you an example!"
"Zhang San and Li Si are neighbors. Zhang San says to Li Si every day: I'm going to shoot you today!"
"Seeing that Zhang San was empty-handed, Li Si didn't take his words to heart at all, and even called Zhang San a sand sculpture!"
"But one day, Zhang San really pointed a gun at Li Si's head and said with a serious face: I'm going to shoot you today!"
"Do you think Li Si will continue to call Zhang San a sand sculpture at this time, or will he kneel and beg for mercy?"
The three of Wu De looked at each other, and the expressions on their faces were all a little heavy.
Wu De said with an expressionless face, "please the plaintiff's lawyer continue your statement of opinion!"
"What I want to say is that it is the same sentence, but the situation is different and the mentality is different. Therefore, the nature of this sentence has undergone tremendous changes."
"Don't forget, Li Yexiong was in a forced connection at the time, and he was in an advantageous position, while Lin Youyou was a little girl who didn't know much about the world. You can imagine the psychological pressure this sentence caused her."
After Lin He finished speaking, he took a breath.
"I object!"
Ma Tao stood up and said loudly, "What the plaintiff said is still subjective speculation and cannot prove anything at all!"
"No no no!" Lin He laughed: "This is not a subjective guess, but an objective analysis of the psychological state of both parties based on the situation at the time!"
"Here, I have to stress that after Lin Youyou forcibly cut off the connection, he didn't stop there too much."
"Instead, I went directly to the nearby police station to report the case, and on the way, I also called the police."
"Let's think about it with normal people's thinking. If she is willing, or has the slightest consent, she will stay at the scene and give the defendant Li Yexiong a chance to explain."
"However, Lin Youyou didn't do this, but chose to report the case directly."
"According to the definition of the crime of the tip of a gun in Article 236 of my country's Criminal Law, violence, coercion or other means are used to prevent women from resisting and daring to resist."
"Note that the means of coercion here does not refer to a single physical coercion, but can also include threats to the victim, intimidation, and psychological coercion to make women dare not resist. The core of coercion is enough to arouse the fear of the victimized women. , so that it does not dare to resist, so as to realize the intention of the perpetrator."
"Combining the status, psychology, experience and other factors of the two sides, as well as the transcripts made by Li Yexiong at the police station, the most important thing is Lin Youyou's reaction after the incident."
"Therefore, I think this is a gun-point case of the type of mental suppression, and our client Lin Youyou is not over 18 years old and belongs to the person responsible for incomplete civil capacity. Therefore, I ask the court to severely sentence the defendant Li Yexiong!"
Boom!
The mallet fell.
Wu De looked at Ma Tao: "Excuse me, the defendant, do you want to refute the point made by the plaintiff?"
"Or, you can provide strong evidence to prove that the actions of both parties at the time were voluntary!"
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