Lawyer

Chapter 485 Chapter 528 Chapter 529 Cook raw rice into mature rice, not afraid that she will not follow
"Defendant Zhuang Wenjing, where did you get your fruit knife?" asked the presiding judge.

"I bought it from a small stall when I went to the county market." Zhuang Wenjing said.

"When did you buy it?" asked the presiding judge.

"It's been more than half a year, I can't remember the exact time." Zhuang Wenjing said.

"Defendant's defender, you can ask the defendant about relevant matters now," said the presiding judge.

"Okay, presiding judge." Fang Yi looked at the dock: "After the defendants Zhuang Wenjing, Zhou Tao and Deng Gang broke into the dormitory, how did the other people in the dormitory react?"

"We were all terrified at the time. We dragged the quilt and curled up on the bed. Others were like me, and everyone yelled at them to get out." Zhuang Wenjing said.

"Do you know what Zhou Tao asked Xue Hong to do?" Fang Yi asked.

"I don't know. All I know is that Zhou Tao likes Xue Hong, but Xue Hong doesn't agree with him. I thought at the time that Zhou Tao and Deng Gang had a drink and ran to our dormitory in the middle of the night to ask Xue Hong to go out. There must be nothing good." Zhuang Wenjing road.

"How do you know they drank?" Fang Yi asked.

"At that time I went to push Zhou Tao, and Zhou Tao smelled of alcohol all over, and Deng Gang also smelled of alcohol." Zhuang Wenjing said.

"Do you have conflicts with Deng Gang and Zhou Tao?" Fang Yi asked.

"There is no contradiction." Zhuang Wenjing said.

"Why did you save Xue Hong?" Fang Yi asked.

"Because I have a good relationship with Xue Hong, I can't ignore her being bullied by Zhou Tao," Zhuang Wenjing said.

"Why did you stab Deng Gang with a knife? Why didn't you run out and call someone?" Fang Yi asked.

"At that time, Deng Gang rushed towards me suddenly and hit me with a dumbbell. Before I could run away, I subconsciously stabbed him with a knife." Zhuang Wenjing said.

"What part did Deng Gang want to hit you with a dumbbell at that time?" Fang Yi asked.

"Smack my head." Zhuang Wenjing said.

"Presiding judge, the defender's questioning is over," Fang Yi said.

"... Now, regarding the facts of the conviction in this case, the prosecution and the defense will present and cross-examine evidence. The public prosecutor will present the evidence first," said the presiding judge.

"The first piece of evidence is Zhou Tao's testimony.

The content of the testimony reads: At around [-]:[-] on the night of the incident, he and Deng Gang went to the villa to look for Xue Hong, but were stopped by the manager on duty of the villa.Afterwards, the two waited outside the villa until around one o'clock in the morning. After all the guests in the villa had left, they went to the dormitory to look for Xue Hong.

After they entered the small courtyard, they knocked on the door of the dormitory and asked Xue Hong to come out, but Xue Hong refused.After that, Zhou Tao was furious and kicked open the door.After that, Zhou Tao went directly to Yin Xiaohong's bed and asked her to go out with him, but Xue Hong refused.Later, Zhou Tao lifted Xue Hong's quilt, pulled her out of bed, and the two began to fight.

When Zhuang Wenjing saw him beating Xue Hong, she got up and got out of bed to stop her. She and Zhou Tao pulled each other, and he tore Zhuang Wenjing's clothes.

Later, when he saw Zhuang Wenjing taking out a fruit knife and dancing wildly, he backed away.Deng Gang happened to be standing aside, so he rushed up to help him stop Zhuang Wenjing.

Later, Zhou Tao saw Deng Gang put his hands on his chest and collapsed.Because Deng Gang was in front of him with his back facing him, he didn't see Zhuang Wenjing pinching Deng Gang, and he didn't know how he got hurt.

After Deng Gang fell to the ground, he saw that Deng Gang's chest was bleeding, and the knife in Zhuang Wenjing's hand fell to the ground, and she screamed and ran out.Afterwards, Deng Gang ran to find Zhao Sheng, the manager on duty, and drove Deng Gang to the hospital.

This evidence proves that Zhou Tao had no intention of insulting Zhuang Wenjing and Xue Hong at the time of the incident, but just tore their clothes while being impulsively drunk. " said the inspector.

"What objections does the defendant Zhuang Wenjing have to this evidence?" the judge asked.

"No objection." Zhuang Wenjing said.

"What opinion does the defendant's defender have on the evidence?" said the presiding judge.

"The defender has an objection. According to the testimony of Zhou Tao's witness submitted by the public prosecutor, Zhou Tao said in the testimony that because Xue Hong made a small report to the manager of the villa, which led to their dismissal, he and Deng Gang hated Xue Hong in their hearts. The two discussed Go to the villa together to pull Xue Hong out, teach her a lesson, and help Zhou Tao cook raw rice into mature rice, not afraid that she will not follow.

As the main witness in this case, Zhou Tao did not mention how Deng Gang hit Zhuang Wenjing with a dumbbell, nor how Zhuang Wenjing stabbed Deng Gang with a knife in his testimony, but how he and Deng Gang conspired to go to the dormitory in the villa , an attempt to commit an act of retaliation.

It is incorrect for the public prosecutor to omit this testimony in favor of the defendant Zhuang Wenjing when reading the testimony of the witness, and it should be supplemented. "Fang Yi said.

"Prosecutor, please read the part of the conspiracy between the two in Zhou Tao's testimony." After reading the testimony, the presiding judge looked at the prosecutor and said.

Although the two prosecutors were upset, but the presiding judge had spoken, they could only follow through.They knew that if the part of Zhou Tao's conspiracy was read out, it would be quite detrimental to the prosecutor's charges, so they deliberately concealed it and did not read it out.

"The second piece of evidence is Xue Hong's testimony.

The content of the testimony reads: On the night of the incident, around [-]:[-], Zhou Tao called Xue Hong to inquire about his expulsion from the villa, scolded Xue Hong, and asked her to apologize to him at the gate of the villa, but Xue Hong refused.Zhou Tao told her that if she didn't come out, he would go in to find her and ask her to look good.

At one o'clock in the morning, Zhou Tao and Deng Gang smashed the door of the dormitory and asked Xue Hong to come out, but she refused.Zhou Tao kicked open the door and broke into the dormitory, followed by Deng Gang.

Zhou Tao snatched her quilt away, and then dragged her out of the bed. During the tussle, Zhou Tao tore her pajamas and underwear, kicked her four feet, grabbed her hair and pulled her out .

At this time, Zhuang Wenjing got off the bed, pushed Zhou Tao from behind, and tried to dissuade him.But Zhou Tao didn't listen, and slapped Zhuang Wenjing in the mouth, and then pulled the front of Zhuang Wenjing's pajamas vigorously, tearing Zhuang Wenjing's pajamas, causing her to be exposed.

Xue Hong took the opportunity to hide by the wall and wrapped her pajamas tightly. When she looked at Zhuang Wenjing again, she saw a fruit knife in her hand and was slashing at Zhou Tao.Zhou Tao didn't dodge in a hurry, and his right arm was cut.

After that, Zhou Tao hid at the door of the dormitory.Deng Gang picked up the dumbbell on the ground and threw it at Zhuang Wenjing, then turned around and wanted to run out, then suddenly fell down, his body twisted a few times, blood oozing from his chest, and the ground was stained red with blood.

The testimony proved that the victim Deng Gang was stabbed to death by the defendant Zhuang Wenjing. " said the inspector.

Both Zhuang Wenjing and Fang Yi had no objection to this testimony.The presiding judge let the prosecutor continue to give evidence.

"The third piece of evidence is Zhao Shuang's testimony.

The content of the testimony is: Zhao Shuang, Xue Hong, and Zhuang Wenjing are both waiters in the villa and live in the same dormitory.At one o'clock in the morning on the day of the incident, Zhou Tao knocked on the door of the dormitory and asked Xue Hong to open the door, but Xue Hong refused.

Then Deng Gang and Zhou Tao kicked open the door of the dormitory and broke into the dormitory.Zhou Tao went directly to Xue Hong's bedside, and the two started fighting without saying a few words.Zhuang Wenjing got out of bed to help Xue Hong beat Zhou Tao.

At this time, Deng Gang picked up a dumbbell from the wall and rushed towards Zhuang Wenjing.After Deng just threw the dumbbell, he fell to the ground.Zhuang Wenjing's pajamas were torn. She stood on the dormitory floor in a daze with a fruit knife in her hand, then uttered a scream and ran out of the dormitory.

The testimony proved that the victim Deng Gang was killed by Zhuang Wenjing. " said the inspector.

Zhuang Wenjing recognized the evidence, and Fang Yi also recognized the evidence.

"The fourth piece of evidence is Zhao Sheng's testimony.

The content of the testimony was: at around [-]:[-] p.m. on the night of the incident, he was on duty at the villa. Deng Gang and Zhou Tao were going in to look for Xue Hong, but they happened to meet him.

Because there were guests in the villa, and the two drank again, he didn't let them in for fear of accidents.At around [-]:[-] in the morning, Zhou Tao knocked on the door of his room and asked him to help take Deng Gang to the hospital. At this time, he found that Zhou Tao's arm was bleeding.

He followed Zhou Tao to the dormitory and found Deng Gang lying on the ground in the dormitory with his head thrown out and a big puddle of blood on the ground. Together with Zhou Tao, he sent Deng Gang to the hospital and called the police.

This evidence proves that Deng Gang died in the girls' dormitory, which was the scene of the first crime. " said the inspector.

Next, prosecutors presented the fifth, sixth, seventh, eighth, and ninth pieces of evidence.

The fifth piece of evidence, the autopsy report, proves that Deng Gang died of acute hemorrhagic shock after being punctured in the heart by a sharp instrument (single-blade knife).

The sixth piece of evidence, the on-site investigation record, proved that the site was the hostess’ dormitory in the villa.There were flakes and dots of blood on the floor of the dormitory.

The seventh piece of evidence is the alarm record of the public security organ. The main content is: Zhao Sheng, the caller, dialed "21" at 110:[-] am on the day of the incident.

The eighth piece of evidence, physical evidence, is a dumbbell weighing [-] grams, with the victim's fingerprints on it; a fruit knife with a blade length of [-] centimeters and a width of [-] centimeters. After testing, the blood remaining on it belongs to the victim.

The ninth piece of evidence is a written document describing the arrest process by the public security organ. The main content is: Zhuang Wenjing was arrested and brought to justice by the public security organ at [-]:[-] am on the day of the incident.

Zhuang Wenjing recognized all the above evidence, and Fang Yi did not raise any objections.

……

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. " said the presiding judge.

"The presiding judge, the judge:

The public prosecutor believes that the defendant Zhuang Wenjing ignored the laws of the country and accidentally harmed the health of citizens due to trivial accidents and caused death. His behavior has violated the provisions of the second paragraph of Article 230 of the "Criminal Law of the People's Republic of China", which constitutes the crime of intentional injury and should be punished.Considering that the victim was at fault, and the defendant was excessively defensive, it is recommended that the defendant Zhuang Wenjing be sentenced to 15 years in prison.complete. " said the inspector.

"Defendant Zhuang Wenjing is defending herself," said the presiding judge.

"I'm not enough to commit a crime. I did it to save Xue Hong and myself. At that time, I thought they were going to kill us, so I stabbed him..." Zhuang Wenjing was incoherent after she said it, and the presiding judge stopped her. defend.

"The defendant's defender issued a defense opinion." The presiding judge said.

"The presiding judge, the judge:

Before expressing my defense opinion, please allow me to express my condolences to the family members of the victim on behalf of the defendant (the deceased is the oldest, so if you say one more word, you may be able to avoid being criticized after leaving the court. There are many family members of the deceased in the auditorium, all with eyes. looking like a knife).

The defender believed that the actions of the defendant Zhuang Wenjing did not constitute a crime and belonged to justifiable self-defense.The reasons are as follows:
Zhou Tao is the main witness in this case.Although his testimony did not mention how Deng Gang hit the defendant Zhuang Wenjing with a dumbbell, and how he was stabbed by Zhuang Wenjing with a knife, but this plot was found in Zhuang Wenjing's confession and the testimony of witnesses Xue Hong and Zhao Shuang. It was confirmed, and the victim's fingerprints were also on the physical evidence dumbbell.

Looking at the defendant Zhuang Wenjing's confession and the testimony of Xue Hong, Zhao Shuang, and Zhou Tao, combined with the investigation of the scene, at the time of the crime, the victim Deng Gang indeed conspired with Zhou Tao to enter the dormitory of the villa and drag Xue Hong out to retaliate. Trying to take the opportunity to help Zhou Tao "cook raw rice into mature rice" and plot against Xue Hong.Later, the two broke into the dormitory together to carry out the plan, trying to drag Xue Hong out of the villa, but were stopped by the defendant Zhuang Wenjing.For this reason, Deng Gang picked up the dumbbells on the ground and threw them at Zhuang Wenjing who prevented them from moving.

The dormitory for female employees involved in the case is a residence provided by the villa for internal female employees to rest and deal with personal privacy affairs. Breaking into the dormitory for female workers without permission has seriously violated the legal rights of female employees in the dormitory.

The first paragraph of Article No. 20 of the "Criminal Law" stipulates that in order to protect the state, the public interest, the person, property and other rights of oneself or others from the ongoing illegal infringement, the act of stopping the illegal infringement shall be punished by the illegal infringer. If damage is caused, it belongs to self-defense and shall not bear criminal responsibility.

Paragraph [-] stipulates that taking defensive actions against ongoing assaults, murders, robberies, rapes, kidnappings, and other violent crimes that seriously endanger personal safety, causing casualties to unlawful offenders, does not constitute excessive defense and does not bear criminal responsibility.

After Zhou Tao and the victim Deng Gang broke into the female workers' dormitory at about [-]:[-] am, Zhou Tao beat Xue Hong and tore her pajamas. Zhou Tao's behavior was enough to make the four female employees in the dormitory feel isolated and helpless. panic.

When Zhuang Wenjing stopped Zhou Tao's behavior, she was beaten by Zhou Tao and her pajamas were also torn.When the personal safety of herself and others was seriously violated, the defendant Zhuang Wenjing used her own fruit knife to scratch Zhou Tao's right upper arm and forced him back, protecting Xue Hong and her own personal safety.

At this time, Zhuang Wenjing, who was hurt, used a fruit knife to scratch Zhou Tao who broke into the dormitory and committed the infringement. This was a defense against the infringing behavior, and the defense did not exceed the necessary limit. This defense was a legitimate defense.

When the crime happened, it was in the dead of night, and the defendant Zhuang Wenjing was in a helpless place, was beaten and bullied, and was in great humiliation and panic physically and mentally.At this time, Deng Gang raised a dumbbell and threw it at him. A three-jin dumbbell hit his head and he was seriously injured.Faced with this situation, Zhuang Wenjing used the knife in her hand to defend, and did not exceed the necessary limit.

To sum up, the defendant Zhuang Wenjing's acts of scratching Zhou Tao and stabbing Deng Gang to death belonged to self-defense, and she should not bear criminal responsibility, nor should she bear civil liability for compensation.complete. "Fang Yi said.

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(End of this chapter)