Lawyer

Chapter 550 The scar is healed, forget the pain

"Well, that's the reason. But my son asked Huzi to ask his friend for money. Could it be..." Shi Guangyong scratched his bald head.

"In this case, your son Shi Ling was caught in bed, and he threatened the victim with an improper relationship with Jiang Yu, and extorted 10 yuan from the victim.

Although Shi Ling detained the victim in the hotel room, Shi Ling did not threaten him and called the victim's relatives and friends to demand a ransom. Subjectively, Shi Ling just wanted to extort 10 yuan from the victim.

Judging from what you said just now, it can be seen from the other party that 'give money to settle the matter' was proposed by the other party, and it happened before Shi Ling restricted the victim's personal freedom.

Although Shi Ling instructed Huzi to withdraw money from the victim's friend, which constituted the completion of the extortion, the victim borrowed the money from his friend on the grounds that he was in urgent need of money. Your son and others have always threatened and blackmailed the victim himself. He did not extort money from others on the grounds of tearing tickets.

Therefore, I think Shi Ling's behavior does not meet the constitution of extortion-type kidnapping.Do you understand? "Fang Yi tried to explain in a language that the other party could understand.

"Understood, what about robbery?" Shi Guangyong asked.

"Both crimes of extortion and robbery are crimes against property, and the perpetrator subjectively aims to illegally occupy other people's property.

However, the means of extortion are limited to threats, while the means of robbery include not only threats, but also violence, anesthesia, etc. The purpose is to make the victim ignorant, unable, and afraid to resist, so as to achieve the purpose of robbery.

In this case, the reason why your son was able to blackmail successfully was because he took advantage of the fact that the victim had an improper relationship with Jiang Yu, and then extorted money. Does not meet the constitution of robbery.Are you thinking about what I mean? "Fang Yi said.

Shi Guangyong felt a sense of enlightenment, his eyes brightened and said: "Lawyer Fang, according to your statement, how many years will my son be sentenced?"

"Article 270 of the "Criminal Law" stipulates that anyone who extorts public or private property in a relatively large amount or repeatedly extorts and extorts shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance, and shall also be sentenced to a fine; if the amount is huge or there are other serious circumstances if the amount involved is particularly huge or there are other particularly serious circumstances, the sentence is to be not less than ten years of fixed-term imprisonment and a fine.

根据《最高人民法院、最高人民检察院关于办理敲诈勒索刑事案件适用法律若干问题的解释》第一条规定，敲诈勒索公私财物价值2000元至5000元以上、3万元至10万元以上、30万元至50万元以上的，应当分别认定为刑法第270四条规定的‘数额较大’、‘数额巨大’、‘数额特别巨大’。

Our province’s high court did not make special regulations on the above standards, so referring to the above regulations, your son extorted 10 yuan from the victim, and actually got 5 yuan, which should be a huge amount, and it is very likely that he will be sentenced to a fixed term of not less than three years but not more than ten years imprisonment.

The exact number of years depends on the circumstances of the trial.Of course, the court of second instance may also uphold the original judgment, and there is some element of luck in it. "Fang Yi said.

He is actually 'pointing' Boss Shi, the situation of the second trial is changing rapidly, don't listen to what I say, it's pretty good, just find a cheap lawyer from the side of the road and go to the court for a trial, if you really do that, there is a risk of being rejected by the court .

Of course, even if you entrust me, you may lose the lawsuit because of your son's bad luck, but the risk will always be smaller, so you have to weigh the pros and cons by yourself.

"Oh, three to ten years... Lawyer Fang, if I entrust this case to you, how will you charge the lawyer's fee?" Shi Guangyong hesitated for a moment, then looked at Fang Yi and asked.

"15." Fang Yi said.

Fang Yi pondered, you just said that the other party asked for 10 yuan in the first trial, but the lawsuit was a mess. I will do my best for you, and the legal fee should not be less than 15 yuan. With your strength, Shi Guangyong, this Money doesn't matter.Less attorney fees equals looking down on you. [-] legal fees, leaving you room for bargaining.

"Lawyer Fang, it's not me who bargains, let alone 15, even 25. .

Do you think this will work?I will give you [-] yuan in legal fees first, and if my son is sentenced to less than [-] years in prison after the lawsuit is over, I will give you [-] yuan for one year less.And this money does not need to go to the public account, I will give you cash.

Don't worry, I'm definitely not an unreasonable person. What I say counts. As long as you don't frame me, what I say today will be what I will do later.With Mr. Gao here, I will not renege on my debts. "Shi Guangyong said with confidence.

At this moment, Sister Lan walked in with a smile.

"President Shi, Brother Fang, how is your talk going?" Sister Lan asked after sitting down.

"Basically we've settled the deal. Now we're waiting for Lawyer Fang to nod." After finishing speaking, Shi Guangyong looked at Fang Yi and said, "Lawyer Fang, I mean what I say. I will take 30 yuan and put it with Mr. Gao. Later, Mr. Gao will directly pay you according to the agreement." How about your money?"

Afterwards, Shi Guangyong told Sister Lan about the lawyer's fees discussed earlier.

"Brother, I think this method is feasible. Mr. Shi is very trustworthy. First deposit 30 cash with me, and then I will pay you directly." Sister Lan said carelessly.

In Fang Yi's view, Sister Lan is a typical example of a scar that heals and forgets the pain. He still remembers what happened to Qian Linlin before.

But Sister Lan thinks differently from him. Sister Lan has been dealing with Shi Guangyong for at least eight years. Boss Shi is not the kind of person who keeps money. He is a social person, so he is not afraid of his repentance.

If Boss Shi really doesn't give the money, it's slapping himself in the face, and he won't have to mess around in the circle in the future. To put it bluntly, Boss Shi can't afford to offend a big client (Sister Lan) for this little money. .

"Okay, let's follow Mr. Shi's proposal. Mr. Shi, you go to the law firm tomorrow morning to sign the entrustment formalities, and I will make an appointment for a detention center meeting and court review." Fang Yi said.

"Okay, Lawyer Fang is very straightforward. We don't need tomorrow. I will go to the firm with you to sign the entrustment formalities today, and I will transfer the money to you immediately. Tomorrow, I will give 30 in cash to Mr. Gao." Shi Guangyong patted the table and said.

In fact, he was very anxious. He didn't dare to joke about his son. If he signed the contract early and made preparations early, he would feel more at ease.

The next day, Fang Yi took Zhou Ying to the detention center and the court to prepare for the trial.

A week later, the trial of Shi Ling's case started. In No. 20 Courtroom of the Intermediate Court, Shi Ling was brought to the dock.Because Hu Zi and Er Leng have been absconding and have not been brought to justice, Shi Ling is the only person in the dock.

……

The presiding judge is a male judge in his 40s.After the judge next to him finished reading the first-instance judgment, the presiding judge said in a deep voice: "The appellant Shi Ling will first read the appeal statement or state the reasons for the appeal."

(End of this chapter)