Lawyer

"Defenders can respond to the prosecutor's comments," said the presiding judge.

"According to the prosecutor's defense opinion and response, the defender issued the defense opinion as follows:

Defenders believe that the "criminal circumstances of the crime are relatively minor" for the crime of dangerous driving, and should not be classified based on whether a traffic accident has occurred.

If a traffic accident occurs, but the consequences of the accident are not serious, and the defendant actively compensates, pleads guilty, and repents, it can still be determined that the circumstances of the case are relatively minor, and the defendant can be sentenced to probation according to law.

In this case, the defendant Zhou Kaidong’s car was at a standstill when it was rear-ended by a bus, and the time of the incident was around [-]:[-] in the morning. and others, so the social harm is less.

Zhou Kaidong had rested for about five hours before driving, which should be regarded as "overnight drunk driving". Although this circumstance cannot be used as a reason for his "crime", it reflects that his willingness to drive drunk is not strong. There is a significant relationship between lack of awareness that alcohol has not been fully metabolized in the body and that you are still in a state of intoxication.

In addition, the defendant Zhou Kaidong voluntarily stopped to prevent traffic accidents when he found that the visibility was low due to fog, which showed his subjective willingness to prevent the danger of traffic accidents.

After the incident, Zhou Kaidong truthfully confessed his crime, actively compensated the other party for the economic loss and obtained an understanding.

To sum up, the defendant Zhou Kaidong’s crime was relatively minor, his subjective malignity was relatively small, he showed remorse, and he was not in danger of recidivism. The probation of his sentence would not have a major adverse impact on his community. Therefore, the defender believes that the Criminal Law can be applied. According to the first paragraph of Article 72, a suspended sentence shall be declared.complete. "Yun Qiao responded.

……

When Fang Yi was about to get off work in the afternoon, Fang Yi was discussing the case with Song Hui, Sui Xia and others when his cell phone rang suddenly, it was Yun Qiao calling.

"Master, the case has been won, and the court of second instance has really changed the sentence." As soon as Fang Yi connected the phone, Yun Qiao's voice came out, and she was as excited as a child.

"Oh? How was the sentence of the second trial?" Fang Yi's heart moved.

"The collegiate panel accepted our defense opinion, revoked the criminal judgment of the first instance, and sentenced the defendant Zhou Kaidong to one month's detention for dangerous driving, suspended for two months, and fined RMB 1000. Probation!" Yun Qiao screamed excitedly .

Before the trial, she was always worried, not knowing whether Master Fang Yi's defense plan would work or not. It wasn't until the moment of sentencing that she realized that luck was on her side.

"Okay, pay attention to safety on the way back. Hang up!" Fang Yi finished talking and hung up the phone.

Because Yun Qiao's voice was relatively loud, Song Hui was the closest to Fang Yi, and could hear it clearly. He secretly laughed in his heart, and joked that Yun Qiao had never seen the world, so why win a case?

If Yun Qiao could hear Song Hui's heart, she would definitely shout "As for".

Yun Qiao didn't know the truth about this case. She had even thought about how to persuade the parties to accept the reality after the court of second instance upheld the original verdict, but the ending turned out to be a big reversal.

Compared with those cases where she was sure of the outcome, or even confident in her mind, Yun Qiao felt that the outcome of this case was simply a big Easter egg. If she hadn't had full trust in Fang Yi, she would have even wanted to drop the case.

"This little girl is always surprised. She is so excited to win a case. Let's continue." Fang Yi said with a smile.

Everyone could tell that Fang Yi was in a good mood after answering Yun Qiao's call.

……

After Du Yong got the case file of the intentional homicide, he took Cheng Du to the detention center and met with the defendant Rong Yang.

Defendant Rong Yang is 28 years old, not tall, about 1.6 meters [-], thin body, dark skin, hair white and black, and he looks like a man in his forties.

When Du Yong was introducing himself, Rong Yang, who was facing him, kept his eyes glazed over and seemed to be out of his mind. Even Du Yong wondered if he had mental problems.

But when Du Yong mentioned his sister Rongjuan and his mother, there was a wave of fluctuation in Rong Yang's eyes, followed by endless pain and endless tears.

After a while, Rong Yang told the story of his family.

The defendant, Rong Yang, is the son of the victim, Lu Yanlan.

In 1990, Lu Yanlan suffered from a stroke in the left side of the body and was unable to live a normal life. After treatment, the condition was relieved, but four years later, the condition recurred again, accompanied by rheumatoid and other diseases, which caused pain and cramps in the limbs. Unable to walk normally.

In addition to their son Rong Yang, the Rong family also has a daughter named Rong Juan, who is eight years older than Rong Yang.Before Lu Yanlan fell ill, Rongjuan had already married into a village in a neighboring county. Rongjuan's in-laws' living conditions were mediocre. Rongjuan and her husband opened a clothing store in the county to make ends meet.

After Lv Yanlan fell ill, Rong Juan often came to help her at first, but she couldn't stand it all the time. The children and the clothing store at home couldn't do without people, and they lived far away. Her father, Rong Shuyou, also advised her not to run back and forth. , Later she couldn't run, so she came less often.

Since then, Rong Shuyou, Rong Yang and his son have been taking care of Lv Yanlan's daily life and taking care of Lv Yanlan's medical treatment.The Rong family was poor and could not afford high medical expenses. Lu Yanlan couldn't bear the long-term pain and suffering, and she didn't want to see her family being crushed by debts, so she had the idea of ​​committing suicide.If the neighbor hadn't come to visit and rescued Lu Yanlan in time, she would have hanged on the beam.

After that, the father and son put away all the ropes, knives and sharp knives at home to prevent Lu Yanlan from committing suicide again.Although the life is hard, but the Rong family and his son do some odd jobs outside, the family can barely make ends meet.

Two years later, Rong Yang's father, Rong Shuyou, died of illness. It turned out that Rong Shuyou was sick, but his family was poor and he was reluctant to spend money on medical treatment, so he secretly bought some cheap painkillers.

The Rong family lost an income, and life became more difficult. Rong Yang had to work three jobs a day to make ends meet, and fainted several times on the way home from exhaustion.Her mother, Lu Yanlan, did not want to drag her son down any longer, and had the idea of ​​committing suicide many times.

In April, Lu Yanlan asked her son Rong Yang to buy pesticides for her.Rong Yang understood his mother's thoughts, so he persuaded his mother not to think too much, and continued to work for a living by himself.

In May, the factory where he worked closed down, the boss ran away with the money, and nearly a hundred employees lost their three-month wages.It was this monthly salary of more than 1000 yuan that became the last straw that overwhelmed the Rong family.

Rong Yang and his workers went to the labor bureau several times, but the boss ran away. The equipment and real estate in the factory had been seized by the bank. Everyone understands the arbitration procedure. In the end, only two weak A4 papers can be obtained, which cannot change the reality at all. (end of this chapter)