: Not a human inside and outside

Author: Snow Yinghong Plum

: Not a human inside and outside

"The defense lawyer of the appellant Shi Ling spoke." said the presiding judge.

"Previous Judge, Judge: The defense lawyer believes that the appellant Shi Ling used threats to force the victim to demand 100,000 yuan for illegal possession, which actually earns 50,000 yuan. His behavior does not constitute the crime of robbery and constitutes the crime of extortion. The reasons are as follows:

Both robbery and extortion can use threats to illegally possess other people's property. However, the threats committed during the robbery and the property acquisition are not available to extortion.

1. The threat is on the spot

1. The crime of robbery is the act of the perpetrator directly committing violent means to rob the robbery. The threat of extortion can be face-to-face or non-face, such as phone, WeChat, etc.

In this case, the appellant Shi Ling threatened the victim and extorted money on the grounds that there was an improper relationship between the victim and Jiang Yu. Although it was a face-to-face threat, it was a cause and did not use violent means of robbing money.

2. The crime of robbery aims to obtain the victim's property on the spot. Therefore, in order to eliminate the possible resistance of the victim, the perpetrator must threaten the violence that directly violates the victim's personal body and force the victim to hand over the property on the spot.

The threat of extortion is mostly to threaten the victim by destroying people's reputation, exposing privacy, etc. Even if there is a threat of violence, the violence that threatens to be committed is generally not directly against the victim, but is aimed at the victim's relatives and friends in order to achieve the purpose of threatening the victim. The threat or threat of extortion is not immediate, and is generally to intimidate the victim to commit certain actions at a certain time in the future.

In this case, the appellant did not commit personal violence to the victim during the extortion of money. Moreover, the evidence in the case showed that the victim was afraid of cheating and was revealed to the public, so he proposed to give the appellant certain financial compensation.

3. The threat of robbery is urgent. The victim has no choice but to deliver the property on the spot. The threat and threat of extortion are not as urgent as the crime of robbery. The victim still has certain considerations and choices in deciding whether to deliver the property.

In this case, the victim proposed to pay money to the appellant to resolve the cheating matter. The appellant agreed to the victim's suggestion, and the two parties also discussed the issue of how much money they paid. It can be seen that the appellant's act of extorting money is not urgent.

2. The spotlight of obtaining money

The on-the-spot nature of obtaining money is also an important difference between these two types of criminal acts. In the crime of robbery, the behavior of the perpetrator highlights the word "robbing", which can only be obtained on-the-spot, and the amount of money robbed is random, which may be one yuan and two yuan, or one hundred or two hundred.

In the process of extortion, the perpetrator usually obtains money after the fact. The blackmail act and the acquisition of money are often at a certain time interval. Moreover, before the extortion act is committed, the perpetrator will have a certain estimate of the amount of money extorted.

In this case, the appellant did not obtain money on the spot, and the two parties negotiated on the amount of money extorted, which shows that the appellant did not have the intention to rob.

In summary, the defense lawyer believes that the appellant's behavior does not constitute the crime of robbery and extortion. Given that the victim had certain faults in the occurrence of the case and the appellant showed remorse, the defense lawyer suggested that the court re-sentence the appellant sentence the appellant to probation. It was completed." Fang Yi said.

"The prosecutor is now speaking." said the presiding judge.

"Previous Judge, Judge: We believe that the appellant used violent means to rob money for the purpose of illegal possession, which constitutes the crime of robbery. The facts determined by the first instance court are clear and the application of the law is correct. Please reject the appellant's appeal request in accordance with the law." The prosecutor said.

"The prosecutor can respond to the defense counsel's defense opinion." said the presiding judge.

"Okay, presiding judge. We mainly express the following views on the defense attorney's defense:

In this case, the appellant followed and broke into the room where his wife and the victim were opened in the hotel, witnessed his wife being with the victim, and then violently beat the victim.

Under the violent coercion of the appellant, the victim was forced to agree to pay 100,000 yuan in compensation to the appellant. The appellant's behavior meets the constituent elements of the crime of robbery and should be convicted of robbery. It is completed." The prosecutor said.

"The defense lawyer can respond to the prosecutor's opinion." said the presiding judge.

“The defense lawyer expresses the following defense opinions based on the prosecutor’s defense opinions and responses:

The defense lawyer believes that after the appellant broke into the hotel room, he saw his wife cheating with the victim, and then committed violent acts against the victim.

Regarding the appellant's violence, the defense lawyer believes that it should be understood as a simple act of harm based on temporary anger, not violence committed by Shi Ling, which is also in line with common sense. His violence cannot be simply linked to subsequent blackmail.

After that, in order to avoid the scandal being made public and to get out as soon as possible, the victim offered to use money to compensate Shi Ling to settle the matter. At this time, Shi Ling had the intention to take the opportunity to extort his money.

The victim had the intention of "breaking money and eliminating disasters", and the appellant had the purpose of "taking the opportunity to extort", and the two parties hit it off, so the appellant's extortion of money was a cause. Shi Ling's request for the victim's money was a threat.

In summary, although Shi Ling committed violent acts in this case, his method of extorting money was not to use violence or threaten violence, but to blackmail the victim while cheating with Jiang Yu. The money obtained was not all obtained on the spot. Therefore, it does not meet the composition of robbery. It should be convicted and punished for extortion. It was completed." Fang Yi said.

...

After the trial, after evaluation by the collegial panel, the presiding judge made a verdict in court.

The collegial panel believes that the appellant Shi Ling used threats and threats to force the money from others for 100,000 yuan, but actually obtained 50,000 yuan. His behavior constituted the crime of extortion and the amount was huge.

The original sentence was that the appellant Shi Ling was convicted and sentenced inappropriately for robbery, and the sentence should be changed. The final sentence was changed: 1. The first-instance criminal judgment of the district people's court in this case was revoked; 2. The appellant Shi Ling was convicted of extortion and sentenced to five years in prison.

The sentence was changed from twelve years to five years. Although Shi Ling was still unhappy, he could only accept it. After the sentence was announced, he thought about how to reduce his sentence in prison in the future and get out of prison as soon as possible.

As for his wife Jiang Yu, as early as when he was sentenced to twelve years in prison by the first instance court, Jiang Yu filed for divorce through a lawyer. She could no longer live in the Shi family. Shi Ling was sentenced because she was sentenced. Not only could the Shi family not tolerate her, but her family was also extremely dissatisfied with her, because many of her family members relied on the Shi family to make a living.

Jiang Yu is now Zhu Bajie looking in the mirror, and he is not a human inside and outside.
Chapter completed!