Lawyer

"Let's put it this way, women who are less than the age of the golden hairpin basically have simple social relationships, and their external characteristics are relatively obvious.

Even if a very few women develop physically earlier than their peers, ordinary people can usually judge their true identity from other aspects such as their speech, behavior, daily routine, and other aspects. Moreover, from the standpoint of special protection for women who are not in their golden years, Nor should there be controversy.

Therefore, it is in line with common sense to presume that the perpetrator knows the real age of the victim in this situation, and it does not violate the general definition of criminal intent in the General Provisions of the Criminal Law. "Du Yong explained.

As a master, he felt that it was necessary for his disciples to understand the meaning behind the legal provisions, and to know why they were so, and not to memorize the legal provisions.

Teachers, preaching, accepting karma, and solving doubts!

"That is to say, if any X infringement such as JY is committed against a victim who is not in the age of the golden hairpin, no matter what excuses the perpetrator puts forward, it should be deemed that the perpetrator 'should know' the real situation of the other party. Whether the victim is voluntary or not, Both constitute a crime and should be severely punished, that's what it means!" Cheng Du looked at Master.

"Well, it can be understood in this way, but how to determine the punishment and whether to impose a heavier punishment depends on the specific circumstances of the case." Du Yong nodded and said: "You can contact the detention center to meet and review the case with the court."

Cheng Du agreed and picked up the phone.

（注：2023年5月，最高人民法院、最高人民检察院、公安部、司法部联合发布了《关于办理性侵害未成年人刑事案件的意见》，该意见自2023年6月1日起施行。

本案中涉及的《最高人民法院最高人民检察院公安部司法部关于依法惩治性侵害未成年人犯罪的意见》（法发〔2013〕12号）已于2023年6月1日起废止。）
Du Yong looked up and saw Li Mingbo walking towards him.

"Lawyer Du, is it convenient for you?" Li Mingbo asked.

"It's convenient, you can talk if you have something to do." Du Yong knew that Li Mingbo and Fang Yi were old colleagues, so he was very polite to him.

"Lawyer Du, Lawyer Xie assigned me a criminal case involving minors. I have never done this kind of case before. I heard from Boss Fang that you have done this kind of case before, so I want to ask you for advice." Li Mingbo Also behaved very politely.

Doing as the Romans do, he followed the crowd in addressing Fang Yi as Fang Boss.

This case was the first criminal case assigned to him by the team after Li Mingbo was transferred, and he was more cautious.Originally, he wanted to discuss the case with the three senior lawyers who transferred with him, but everyone went out, leaving only a few young lawyers busy with their cases.

He wanted to ask Fang Yi for advice, but Boss Fang also went out with his bag, so he could only listen to Fang Yi's advice and come to Du Yong.

"No problem, let's go to Boss Fang's office to chat." Du Yong got up and took Li Mingbo to Fang Yi's office.

"I went to meet with the defendant yesterday and read the file. The specific case is as follows..." Li Mingbo sat across from Du Yong and told the case.

There are two defendants in the case handled by Li Mingbo. The father of the first defendant, Lu Hongzhe, has a friend who is a lawyer, so he entrusted the case to his friend.Lee Myung-bak defended Song Rongming, the second defendant.

At noon on October 56 last year, the defendants Lu Hongzhe and Song Rongming premeditatedly dragged Xie Zhiquan (the victim was the year of the golden hairpin) passing by a traffic light in the county into the woods of a nearby park, threatening, The method of intimidation forced Xie Zhiquan to take out [-] yuan in cash and give it to Lu Hongzhe. The two defendants found [-] yuan in cash from Xie Zhiquan and fled the scene.

At around [-]:[-] p.m. on the [-]th of the same month, the defendants Lu Hongzhe and Song Rongming pulled Nie Guang (the victim was the year of the cardamom) who was passing by on the side of the road to a secluded place, and used threats and intimidation to grab seven yuan in cash.

At around [-]:[-] p.m. on the [-]th of the same month, the defendants Lu Hongzhe and Song Rongming came to the traffic lights again and pulled Lian Yaqing (the year of the golden hairpin) who was about to go home into a small forest in a nearby park. No money was found on him, so the two punched and kicked him, and then fled the scene.

That night, Lu Hongzhe and Song Rongming were not reconciled, and stopped Zhu Dengkui (Year of the Cardamom) who was going home at the traffic light. They wanted to pull Zhu Dengkui into the park forest, but Zhu Dengkui was fat and couldn't move them. Seeing that there were no pedestrians around, Lu Hongzhe punched Zhu Dengkui in the chest and threatened him.Zhu Dengkui was timid, so he was forced to take out two yuan in cash and hand it over to Song Rongming.

At around 31:[-] p.m. on the [-]th of the same month, the defendants Lu Hongzhe and Song Rongming came to the traffic light again. Lu Hongzhe held a dagger and forced He Xi (the year of the cardamom) who was passing through the place on his way home into a grove in the park, and beat and threatened him. He Xi was forced to take out [-] yuan and [-] cents in cash and hand it over to Song Rongming.

At around 32:[-] noon on the [-]th of the same month, the defendants Lu Hongzhe and Song Rongming pulled Wang Jin (year of cardamom) who was passing by near the shopping mall into the stairwell of the shopping mall. After punching and kicking him, they forced Wang Jin to hand over [-] yuan in cash. Song Rongming.

In the next few days, the defendants Lu Hongzhe and Song Rongming successively dragged several victims (all aged in cardamom years) passing through the mall into the stairwell of the mall, threatening to demand money.

Later, when the defendants Lu Hongzhe and Song Rongming intercepted the victim to ask for money again, they were found by the roadside people and called the police, and they were arrested.

After investigation, the defendants Lu Hongzhe and Song Rongming committed a total of eight crimes and obtained 183.50 yuan of stolen money.

The public security organ transferred the two defendants to the procuratorate for the crime of robbery, and the procuratorate filed a public prosecution in the court for the crime of picking quarrels and provoking trouble.

"Lv Hongzhe has already hired a lawyer. How is Song Rongming's financial situation?" Du Yong asked after listening.

"Song Rongming's family conditions are also good, and there is no shortage of money." Li Mingbo said.

"What are these two thinking? The monthly pocket money given by the family is probably more than the money they robbed. What is the second defendant trying to do?" Du Yong looked at Li Mingbo suspiciously.

"At first I had the same thought as you, but after seeing Song Rongming, I realized that what he was planning was for a moment of pleasure." Li Mingbo said.

"A moment of pleasure?!" Du Yong was at a loss.

"Yes. The two defendants have a common characteristic, that is, they are depressed.

In Song Rongming's words, what he says and does must meet the requirements of his parents, otherwise he will be punished, and he will do what is arranged, and no refutation is allowed.

The two defendants were in the year of the Dancing Elephant, and they belonged to the legendary "other people's family", but Song Rongming felt that this was not what he wanted. He was like a train and had to follow the prescribed route.

He felt very depressed in his heart. He had been depressed for more than ten years, and he always wanted to vent the depression and depression in his heart.

Later, he and Lu Hongzhe committed a robbery by chance, and the two have been out of control since then." Li Mingbo said.