Chapter 282 Chapter 287 288 (Merge Chapter) No one will recognize anyone who leaves

Author: Xueying Hongmei

Chapter 282 Chapter 287 288 (Merge Chapter) No one will recognize anyone who leaves

"The defendant once learned Qin, male, born on February 1, 1970, ID number .... It was detained by the Municipal Public Security Bureau on August 30, 2014 for suspected intentional injury.

After the acceptance of this court, the defendant had been informed that the defendant had the right to entrust the defender and pleaded guilty of the legal consequences. He interrogated the defendant in accordance with the law and reviewed all case materials.

After review by law:

On August 29, 2014, at 5 pm, the defendant had eloquence because his lover Yuan Fang and others had a mouthful. The victim Chen Zhihong stepped forward and discouraged him.

Seeing his lover and Chen Zhihong tore, he rushed up to punch the chest and head of the victim Chen Zhihong.

Later, Zeng Xueqin saw Chen Zhihong's pre -desperately, and fled. In the process of pursuing Zeng Xueqin, Chen Zhihong fell to the ground and died after the treatment invalid.

It was identified that the victim Chen Zhihong was emotional on the basis of the original coronary heart disease, and his breasts were emotionally excited during the quarrel, the chest was beaten, severe exercise and drinking, etc., which induced the seizures of coronary heart disease.

Zeng Xueqin was arrested by the police after the incident.

The evidence of determining the above facts is as follows:

1. Certificate of household registration, proof of criminal records;

2. The defendant's confession and justification;

3. Parking lot video;

4. Appraisal report.

The above -mentioned evidence collection procedures are legal, and the content is objective and true, which is enough to determine the allegations. The defendant had no objection to the facts and evidence of the criminal and evidence of the allegations, and voluntarily pleaded guilty and confessing.

The court believes that the defendant once torn his lover because of his lover and the victim Chen Zhihong, and hit Chen Zhihong's chest for the purpose of revenge.

The facts are clear, the evidence is indeed and sufficient, and it shall be held criminally responsible for the crime of intentional injury. According to the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution shall be filed. Please judge in accordance with the law.

The chief of the trial, the prosecutor was read out! "After reading the prosecutor Xiao, he put down the indictment.

Fang Yi's heart secretly calculated, it seems that his previous speculation is right. Looking at this meaning, the prosecutor's proposal will not be less than ten years.

"The defendant had learned the Qin. Did you hear the prosecutor's prosecutor just now? Do you have any objections to the charges and criminal facts of the prosecution?" The trial was cold.

"No objection!" Zeng Xueqin raised his head.

"Public prosecutors can question the defendant on the criminal facts accused of the indictment." The trial long said.

"Okay, the chief of the judge. The defendant had Xueqin, what is the relationship between the victim Chen Zhihong?" Prosecutor Xiao asked.

"We all sell fruits in the market, the relationship is average." Zeng Xueqin said.

"According to the inquiry of the market management department, the two of you are the two largest fruit wholesale companies in the market. You are a competitive relationship between you, and the relationship has always been not very good. Is the defendant who has learned Qin, is these situations true?"

The member asked.

"The situation is true. Although our relationship is not very good, everyone runs the fruit company's map is money. There is no deep hatred, but it is just envy and jealousy. This is normal. Whoever has money is not enviable and jealous.

The rules will not do three abuses, otherwise they will not do the business so much. "Zeng Xueqin said.

"Judgment, I finished asking." Prosecutor Xiao saw that the other party was not set, and he didn't mean it.

What do you mean by Prosecutor Xiao? Is it possible to change the intentional damage to intentional revenge and kill? This is to mislead the judge. Fang Yi can't help but get cold back.

"Does the defendant's defendant need to question the defendant?"

"Need to ask." Fang Yi looked up: "The defendant had learned Qin. Do you know that Chen Zhihong had coronary heart disease before the incident?" Fang Yi asked.

"I don't know, we are usually busy with each other, and rarely communicate." Zeng Xueqin said.

"What did you do and what did you see at the time of the crime?" Fang Yi asked.

"Before the incident, my daughter -in -law called me and told me that she was about to reach the parking lot, and let me go to the parking lot to find her. After I cook it, I went to the parking lot. When I was about to the parking lot, I was about to reach the parking lot.

Seeing someone fight, I got together.

It turned out that my daughter -in -law and Chen Zhihong were tearing it. A big man hit a woman. At that time, I was very angry. I went up and gave Chen Zhihong two punch. "Zeng Xueqin said.

"How many punch did you hit him in total?" Fang Yi then asked.

"Just playing two punch. I smelled his alcohol and red eyes. It should be that the person who had just drank.

"Judgment, I finished asking!" Fang Yi said.

Nympho

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now conducted. The court debate mainly focuses on the facts that have not been certified by the court and the issues that should be applied according to the facts of the facts.

The public prosecutor was spoken first. "Judging the long way.

"... The public prosecutor believed that the defendant had been angry to help his lover Yuan Fang, and he played the victim Chen Zhihong's chest and head, which eventually led Chen Zhihong to the crown heart disease. He fell to the ground in the process of pursuing the defendant's Zeng Xueqin and died invalid.

In addition, after investigation, Zeng Xueqin had been sentenced to six months in prison for sinning for the trouble. It has been a dedicated criminal and should be punished with a serious penalty for five years.

Zeng Xueqin's behavior constituted the crime of intentional injury. We recommend that he sentenced him to twelve years in prison. "Prosecutor Xiao said.

After Prosecutor Xiao finished speaking, Fang Yi looked at Zeng Xueqin, and saw that he was a little surprised, and then restored his previous expression. This guy's mentality is really good enough.

"The defendant defended by himself." The trial long said.

"Chen Zhihong and I are competitors, but I have never wanted to harm him. He has a coronary heart disease before the accident, and I have never known. I am willing to take a certain responsibility for his death. But I think the procuratorate suggests

The sentence was too heavy. I just hit him two punch. Chen Zhihong died of coronary heart disease and could not attribute his responsibility to me. "Zeng Xueqin refused to accept the way.

Two years of punches for twelve years! No one will recognize anyone, it is normal to learn diligence.

"Defenders issued a defense opinion." Judgment chief.

"The defender believes that the case has certain special characteristics. Although the defendant once constituted the crime of intentional injury, he should be sentenced to imprisonment below the legal sentence. The reason is as follows:

The defendant Zeng Xueqin's behavior of the victim Chen Zhihong's chest boxing generally does not cause the death of the victim's death under the circumstances, but the harmful behavior of his boxing is emotional with the victims.

What happened.

The victim was suffering from coronary heart disease. The defendant had learned Qin and did not know beforehand. This was an accidental factor. The previous boxing behavior and the death of the victim's death were accidental causal relationships.

According to the basic principles of the Criminal Law '' Crime Composition ', and according to Article 63, paragraph 2 of the Criminal Law:' Although the criminals do not have the submissive punishment plot stipulated in this law, according to the special circumstances of the case, according to the case,

Approved by the Supreme People's Court, you can also be sentenced to punishment below the legal punishment. '

The defenders have inquired about the cases of sentencing below the legal sentence approved by the Supreme People's Court in recent years.

In the first case, the victim suffered from special serious diseases. The defendant did not know beforehand, which was an accidental factor.

Diseases and other factors have a direct absolute reasons for the result of death.

This case fully meets the above situation, so the defender believes that although the defendant had learned the crime of intentional injury, the behavior of the punch of the victim was only one of the reasons for the victim's coronary heart disease, not the main reason.

People have obtained the understanding of the family members of the victims. Therefore, the defender suggested that the court's prison sentence was sentenced to a period of sentence.

The case of the Supreme Court is attached! For the reference of the collegiate panel. After the end! "Fang Yi said.

Fang Yi knew that the court would not have the judgment in accordance with his own suggestions, but the action to do should be done. It is recommended that the one -year sentence is discussed with Zeng Fang. His daughter -in -law Yuanfang can also accept it.

The chief of the trial sounded quickly and ended the trial. The trial was closed for ten minutes. After the judgment of the protocol court, Fang Yi began to clean up the document on the table. The work of the first instance was over.

, I can only wait quietly, look forward to a good result.

Nympho

More than ten minutes later, the three judges walked into the court one after another, and the trial chief sounded the mallet.

"Continue to open the trial now, ask the bailiff to bring the defendant to court.

This case has formed a judgment opinion after the Certificate of Court. In response to the opinions of both parties and the focus of the dispute in the case, according to the facts and evidence of the case, the evaluation of this court is as follows:

... The victim Chen Zhihong was suffering from coronary heart disease. The defendant had learned Qin and did not know beforehand. The previous boxing behavior and the death of the victim's death were accidental causal relationships. The defendant's behavior and the result of the victim's death had a causal relationship.

The defendant once learned the diligence of diligence and should be punished according to law. The judgment of the court was as follows. The defendant had been guilty of intentional injury. He was sentenced to five years in prison below the legal sentence.

… "Judgment.

Zeng Xueqin was sentenced to five years! Fang Yi felt that if he had not been a criminal, it was estimated that he would be sentenced to two or three years.

Thinking of this, Fang Yi looked at President Zeng, and saw that he was relaxed. It seemed that he was still satisfied with this result. It was half less than the twelve years of prosecutors proposed by the Procuratorate in five years.

The prosecutor Xiao on the opposite prosecutor seemed to be in a good mood, and he was not tangled whether to protest. Of course, this is just a superficial situation. Will the procuratorate agree to the content of the judgment and wait for the judgment until the judgment takes effect.

After the court, Fang Yi stepped out of the court and called Li Shuming and told him the verdict.

Sure enough, Zeng Zeng was always satisfied with the result of the judgment, and Yuan Fang did not make a noise to appeal. Ten days later, the procuratorate did not file a protest and the judgment took effect.

What Fang Yi did not expect was that within a few days after the judgment was effective, Yuan Fang actually sent a brocade flag to Fang Yi. Of course, it was not enough to send the flag to sending the flag.

grateful.

In the past, Fang Yi said that Zeng ’s case had a chance to judge for a few years. Yuan Fang still doubted his ability. Now it seems that Fang Yi is still very reliable. Therefore, Yuanfang has a good relationship with him.

If you do business, you will inevitably encounter things. There is a reliable lawyer around you, which can save a lot of things. This is also what Zeng Zeng deliberately explained his daughter -in -law.

In the afternoon, Wang Deyou wore a thick down jacket and returned to the place with a official document.

"Pharaoh, go to the court?" Fang Yi looked at him with a tired face and asked.

"Today's case is happy. A girl saved a falling old man on the side of the road. After the old man was sent to the hospital for rescue, the family members surrounded the girl. She asked her to compensate the old man's medical expenses.
To be continued...