Lawyer

Chapter 783

Chapter 783
The court held that the defendant's misrecognition of the value of the stolen watch could also be attributed to the defendant's inability to accurately state the brand and model of the watch that can reflect the huge value, and the fact that the defendant did not run away or take the watch away immediately after stealing the watch. Dispose of it in a timely manner, or even be verified when it is not properly placed.

In the process of pursuing the watch from the defendant, although the victim expressed his willingness to exchange the watch with 1000 yuan, he only said that the watch was "meaningful to him", and did not clearly indicate the actual value of the watch. On the contrary, he clearly stated that the watch was Not too expensive.

The facts in this section are not enough to make the defendant have a new understanding of the actual value of the stolen watch, on the contrary, it is more likely to deepen the defendant's misrecognition of the value of the watch.

To sum up, although the defendant’s behavior of taking away other people’s watches was subjectively intended to illegally occupy other people’s property, the defendant did not realize the actual value of the stolen watch at that time, and the value he realized was only “a large amount” , rather than "huge amount".

That is to say, subjectively, the defendant only had the intention of illegally possessing other people's "large amount" of property, but not the intention of illegally possessing "huge amount" of property.

Since the defendant had a major misunderstanding (or mistaken understanding) of the value of the stolen items, the amount he knew was far lower than the actual amount. The corresponding criminal responsibility should be based on the amount of value that can be recognized at the time of the theft as the sentencing standard.

In view of the fact that the defendant voluntarily confessed the fact of the theft after committing the crime, and the stolen watch has been recovered and returned to the owner, the circumstances of the crime are minor.In accordance with the provisions of Article 264 and Article 30 of the "Criminal Law of the People's Republic of China", it is judged that the defendant Sha Congcong committed the crime of theft and shall be exempted from criminal punishment.

After the verdict was pronounced, Fang Yi was taken aback for a moment. He didn't expect the court to accept his defense opinion.Sha Chao in the auditorium finally put his heart in his stomach.For him, as long as his daughter doesn't go to jail, it's fine.

Outside the gate of the court, Sha Chao looked at Fang Yi and expressed his thanks repeatedly.

"Mr. Sha, although the court of first instance sentenced your daughter Sha Congcong to be exempted from criminal punishment, the judgment has not yet taken effect. If the procuratorate does not file a protest within ten days after the judgment is issued, your daughter will be fine." Fang Yi said.

"Then what if the procuratorate protests? Will my daughter go to jail?" Sha Chao looked at Fang Yi anxiously.

"Not necessarily. It depends on the situation of the second trial." Fang Yi hesitated and said.

A few days after the verdict was issued, Fang Yi got the news that the procuratorate protested.

The Procuratorate filed a protest with the Municipal Intermediate People's Court on the grounds that the defendant Sha Congcong committed the theft and the amount was huge, and the original sentence was abnormally light.

According to common sense, when the procuratorate protests, the defendant or his family members will definitely contact a lawyer to respond to the lawsuit, but the strange thing is that it has been more than ten days, and Sha's family has not come, not even a phone call. Are they not planning to hire a lawyer?
Later, Yun Qiao told Fang Yi that because the defendant Sha Congcong's whereabouts were unknown, the second trial of the case was suspended according to law.

Fang Yi was stunned when he heard it, did he run away? !

Because the parties in the second trial of the case did not entrust, Fang Yi did not care about the follow-up situation any more.

……

In the blink of an eye, it was already mid-August, and during this period of time in his hometown, Xiao Zhi ran around with Fang Mao's son every day, having fun to his heart's content, his whole body was tanned, but he became stronger and healthier.

On the weekend, Fang Yi hired two cleaners to tidy up the house. Yunmei ran over to help Fang Yi change the sheets and quilts, and washed them again.

The reason for cleaning up is mainly because school is about to start and Fang Anzhi is coming back. Fang Yi doesn't want his son to find out his father's secret.

Just in case, Li Shuming suggested to Fang Yi to hold a big party at home and invite some friends to have dinner at home on the day of picking up Xiaozhi, so as to confuse the public and cover up the clues.

Fang Yi felt that Li Shuming's suggestion was reasonable, not afraid of ten thousand, just in case, in order to prevent his son from discovering his little secret, Fang Yi took great pains.

Early on Saturday morning one week before school started, Yunqiao borrowed a car from the tea house and went to the vegetable market with Zhou Ying to buy vegetables and fruits.

Li Shuming also rushed over. Originally, Comrade Li wanted to sleep in, but he was the one who proposed the idea of ​​having a big party. Fang Yi asked him to come, so he had no choice but to come to make up the number.

In the morning, Fang Yi threw the house keys to Li Shuming, and then drove to his hometown to pick up his son Fang Anzhi.

At around ten o'clock in the morning, Yun Qiao and Zhou Ying arrived at Fang's house with a cart of vegetables and fruits.

"You two beauties, thank you for your hard work. How is the purchase going?" Li Shuming came downstairs to the car and smiled.

"According to the list you gave, I bought them all." Zhou Ying smiled.

Zhou Ying and Li Shuming had met several times before, so they were familiar with each other. This was the first time Yunqiao had met Li Shuming. From Zhou Ying, she knew that the middle-aged man in front of her was the big boss of Brilliance and a good buddy of her master.

"Which of you two knows how to cook?" Li Shuming asked with a smile.

After Yun Qiao and Zhou Ying glanced at each other, they shook their heads. These two are delicious, but they don't know how to cook them. They belong to the category of delicious and lazy.

"Well, it seems that I'm the only one to do it." Li Shuming said helplessly.

"Mr. Li, do you know how to cook?" Zhou Ying looked at Li Shuming in surprise.

"I don't know, but our brilliant chefs will." Li Shuming took out his phone and called two professional chefs.

At noon, when Fang Yi and his son came home, the three of them were busy serving dishes, and the chef had already gone back.

"I'm not an outsider today, so don't be too polite. Let's get together." Fang Yi said, seeing that everyone was working hard.

At this moment, the doorbell rang, and Xiaozhi went to open the door. Seeing the person outside, he said in surprise, "Aunt Yun, why are you here?"

"What's the matter? You're not welcome!" Yunmei joked.

"Welcome! Come in, have you eaten yet?" Xiao Zhi asked.

"No, I heard that you came back today, so I specially brought some fruit over for a meal." Yunmei smiled.

"It's just right, we just came back, Aunt Yun, let's eat together, there are so many people." Xiaozhi smiled politely.

"Sister, you're here too." Yun Qiao looked at Yun Mei who walked in, and said in surprise.

"Why, you are allowed to come, and I am not allowed to come! Let's start a game later, let's eat chicken." Yunmei said with a smile.

"Okay, no problem. Give me the fruit." With that said, Yun Qiao took the fruit from her sister and went to the kitchen.

"Let me help you." Seeing that everyone was busy, Yunmei rolled up her sleeves and followed into the kitchen.

In the process of washing the fruit, Yunqiao discovered a problem. It seemed that Yunmei was quite familiar with the kitchen of Fang's house. Several times when she wanted to find tools, Yunmei took them out as soon as she opened the cabinet door.

Looking at her sister's busy back, Yun Qiao fell into deep thought: outsiders would not enter the kitchen, so why can my sister reach out to get what I want?Is my sister really...

(End of this chapter)

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