Lawyer

Chapter 758
The next day, at around four o'clock in the morning, Li Feiyang and Lu Shaolei, who had been stealing vegetables overnight at Happy Farm, came to the gate of the wholesale vegetable market with cigarettes in their mouths and red eyes.

The two saw a lot of cars parked in the parking lot at the gate of the wholesale market. Those who came to the wholesale market so early must have come to appraise food.

Lu Shaolei searched around, and saw a Sanbangzi. The owner of the Sanbangzi was a man in his 30s, with dark skin and a thin body. He looked quite honest.When Lu Shaolei and the others approached, the skinny man had just loaded the cart with vegetables and was about to return to the wholesale market again.

Without further ado, Lu Shaolei and Lu Shaolei directly loaded the ten packs of cabbage in the van onto the three buns.At this time, the skinny man hadn't gone far, and when he heard the noise, he turned around and saw two strangers loading vegetables into his car.

The skinny man ran over in a hurry. Lu Shaolei saw the owner of the car coming, and without waiting for the other party to speak, he directly offered a price of 1000 yuan for a bag of cabbage, ten bags in total, [-] yuan, and asked the skinny man to pay.

The skinny man realized in an instant that this was not forced buying and selling. He immediately rejected Lu Shaolei's request and asked the two to unload the vegetables, otherwise he would call the police.

Li Feiyang stayed up all night trying to steal some money. He was so angry that he had nowhere to vent his anger. He grabbed the skinny man by the neck and dragged him to the back of a truck in the parking lot to beat him.Li Feiyang is physically strong, plus Lu Shaolei, two against one, the skinny man is no match at all, and he was beaten.

After stopping, Lu Shaolei continued to ask for money for the cabbage. The skinny man pretended to give the money, and punched Li Feiyang hard in the chest, knocking him into the truck behind him, causing him to grin in pain.

The skinny man turned around and ran away, but was kicked to the ground by Lu Shaolei before he ran far, and the two of them tore up.Li Feiyang ran over to help, and both sides were impatient.

During the fight, Li Feiyang swung the skinny man a big somersault, then took out the dagger he carried with him and stabbed him three times in the abdomen, back and right buttock.Lu Shaolei stood aside and looked dumbfounded.

Seeing that Li Feiyang moved the knife and the other party was being bombed and wailing continuously, Lu Shaolei secretly thought that something was wrong, pulled Li Feiyang, and the two got into the car and fled the scene.

When the security guard at the wholesale vegetable market saw someone fighting, he called the police and called an emergency number. Soon an ambulance came to the scene and took the skinny man to the county hospital for emergency treatment.

Based on surveillance video and eyewitness descriptions, the police quickly identified the suspects as Li Feiyang and Lu Shaolei.Li Feiyang had a criminal record and it was easy to find out. A day later, Lu and Li were arrested by the police.

After judicial appraisal, the victim's skinny man had a ruptured descending colon, a ruptured inferior epigastric artery, and hemoperitoneum, which constituted serious injuries.

"Brother Da, this case is not complicated. The defendant Lu Shaolei's father entrusted us. The defendant Lu Shaolei confessed to the crime, but he insisted that the purpose of calling another defendant, Li Feiyang, was to force him to buy him." Showing off some money, he didn't want to use the knife. Li Feiyang was impatient. It has nothing to do with the person who stabbed himself with the knife.

The two defendants in this case will definitely be sentenced, but the problem is that both of them commit the crime of forced buying and selling, which constitutes the crime of forced trading.However, in the process of forced buying and selling, the defendant Li Feiyang used a knife and seriously injured the victim. The nature of this matter changed, and he constituted the crime of intentional injury again.

The question now is, if one person seriously injured the victim with a knife during the joint forced transaction, how should the other defendants involved in the joint forced transaction be convicted and punished?
I kept thinking about this question on the way back, and I was a little uncertain. " Du Yong said.

Originally, Du Yong wanted to ask Fang Yi for advice on this issue, but Meng Guangda came over. Knowing that Meng Guangda had practiced longer than himself, and he also taught criminal law at the university, he wanted to hear his thoughts.

"Well, I thought so.

According to the provisions of Article 220 of the "Criminal Law", whoever buys or sells goods by means of violence or threats, forces others to provide services, or forces others to accept services, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to a fine or solely .

In this crime, the perpetrator must be intentional in the subjective aspect. From the perspective of judicial practice, the perpetrator of the crime of forced transaction generally has the motive of seeking profit.

On the objective side, it mainly uses violence or threats to buy and sell goods by force, to force others to provide services by violence or threats, to force others to accept services by violence or threats, etc.

The crime of forced trading is a crime of circumstances, as long as the perpetrator uses violence or threats to force others to trade, and the circumstances are serious, this crime can be constituted.

The serious circumstances mainly include: during the forced transaction, the perpetrator committed violence, such as beating others, with bad means; threatened to use violence on the spot; , transaction order causing serious consequences, etc.

Regardless of whether the act of forced trading is completed or not, as long as the above-mentioned circumstances exist, it constitutes the crime of forced trading, and it is accomplished.

The two defendants in this case wanted to forcibly sell ten packages of cabbage to the victim at a price of [-] yuan per package. After being refused, the two defendants beat the victim and caused the victim Peng Wenbin to be seriously injured. The circumstances of the defendant's forced trading behavior were serious and met the constituent elements of the crime of forced trading. After Meng Guangda finished speaking, he habitually stroked the sparse hair that was almost visible to the naked eye.

"Well, I agree with this, and I think so too." Du Yong nodded.

"In addition, the defendant Li Feiyang caused serious injuries to the victim during the criminal act of forced trading, which constituted a crime of intentional injury.

In this case, it should be dealt with in accordance with the criminal law punishment principles related to implicated crimes, that is, according to the principle of "severe punishment", the defendant Li Feiyang was found to have committed the crime of intentional injury, and he should not be punished for several crimes.

There is a question that needs to be confirmed, that is, whether the defendant Li Feiyang is carrying a dagger, and whether the defendant Lu Shaolei knows it.Li Feiyang stabbed the victim with a dagger, did Lu Shaolei acquiesce?When Li Feiyang stabbed someone, did Lu Shaolei assist?

If the defendant, Lu Shaolei, neither knew in advance that Li Feiyang was carrying a dagger to participate in the forced transaction, nor could he have foreseen that Li Feiyang would suddenly take out the dagger he carried with him and stab the victim during the forced transaction, and Lu Shaolei stabbed the victim with the knife when Li Feiyang stabbed the victim. At the same time, he did not harm the victim or assist Li Feiyang in committing the crime.

The consequences of Li Feiyang seriously injuring the victim with a knife exceeded the joint criminal intention formed between him and Lu Shaolei in the criminal activities of forced trading.

Under such circumstances, the court may convict and punish the defendant Li Feiyang for the crime of intentional injury, and convict and punish the defendant Lu Shaolei for the crime of forced trading. "Meng Guangda continued.

　Three more today!Save some drafts, and I'll update them later.

　　
　
(End of this chapter)