You became a lawyer and sent the judge in?

Chapter 351 Judgment Result! Profit? What profit is there?

After the hammer was struck to adjourn the court.

Fang Qi and Zhang Yuan, who were sitting on the prosecution side, were also struggling with the outcome of the judgment.

Judging from the current situation, we can determine whether Lin Yong is making profits.

It is their side that occupies a disadvantageous situation.

To be honest...after the other party's witnesses appeared in court, they felt unsure.

Because although they have defensible reasons.

But the other party can stand firm!

They do not have any advantage in terms of legal principles or objective facts, and they are very clear about this.

But...on the other hand, they don't want the court to decide Su Bai's application.

After all...this time the entrusted lawsuit is a big client.

If the two of them mess up the big client's lawsuit, then not only them, but the law firm will also suffer huge losses!

"How to do?"

Zhang Yuan asked.

Fang Qi replied: "Now we need to wait for the collegial panel's deliberations. Let's wait."
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....

the other side.…

In the office of the regional general sales manager of Glita in Western Province.

Cao Zhiwei and the vice president in charge of legal affairs were watching the live broadcast of this court hearing.

After watching the adjournment, Cao Zhiwei was silent for a few seconds, turned his head and looked at the vice president aside.

"This court hearing...what do you think of this verdict?"

"Will the result of the judgment have any impact?"

Cao Zhiwei didn't know much about the law, so he asked two questions that concerned him.

The vice president on the side smiled and said: "Mr. Cao..."

"So far in the trial, it's hard to say what the specific verdict will be. This time, the appellant, Lin Yong, a counterfeit drug dealer, has invited witnesses who are quite convincing."

"If the verdict is made, the collegial panel may be more inclined to Lin Yong, the counterfeit drug dealer."

"However, this judgment does not have much impact on the specific verdict."

"The verdict must be guilty..."

"But the specific sentence may be reduced. Of course, the specific situation still depends on the defense of the two attorneys."

"Um.…"

Cao Zhiwei nodded, although his expression was a little dissatisfied, but in the end he didn't say much.

The vice president on the side took a deep breath. He had told the general outcome of the matter in advance and handed all the responsibilities to the two entrusted lawyers.

In this case, it is better to ensure that it will have no impact than to guarantee it again and again.

It will be much better then in case the worst happens.
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....

In the collegial court discussion room.

Duan Qingshui and the other two judges were discussing how to judge this defense.

In fact, Duan Qingshui already had a rough idea about this judgment.

Because from the perspective of subjective intention to make a profit, Lin Yong’s subjective motive is to help patients purchase on behalf of others.

Whether there is a profit or not, although there is no evidence to prove that there is a profit, there is also no evidence to prove that there is no profit.

But... from another perspective, there is indeed a huge profit margin.

So this question is entangled with whether the huge profit margin is a purchasing behavior that is carried out for the purpose of subjective profit-making at the beginning.

After Duan Qingshui stated the issues he considered objectively.

Then he asked the other two judges on the side: "Lao Wang, Lao Xu."

"What do you two think about this case?"

Lao Wang on the side also directly stated his views and opinions.

"To tell the truth about this case...my opinion is that I tend to judge that it is not a purchasing agent carried out for the purpose of subjective and intentional profit-making."

"The appeal lawyers and witnesses just made their statements very clearly."

"If the purpose of making a profit is considered, then the price can be adjusted."

"This thing is a monopoly, so it's not difficult to adjust the price."

"For those who are engaged in this kind of monopoly business, if they want to lose money, it will be more difficult than making money, so it cannot be called subjective intention in any aspect."

"As for whether to make profits or not, there is no evidence or facts to explain it, but is this important?"

"This is not important at all, as long as there is no profit in the result!"

"The important thing is that subjectively, it doesn't matter if there is no intentionality."

"Well..." Lao Xu nodded: "I agree with Lao Wang."

"I have read the first-instance verdict repeatedly before this case."

“In the first instance, the judgment that purchasing agents were profit-making relied on the prosecutor’s statement, but in terms of subjectivity, it relied on legal principles.”

"Now that the second trial has new evidence, it can show Lin Yong's subjectivity. I personally prefer to judge that it is not for the purpose of making profits subjectively."

"Well! In this case, we have a unified answer to this question!"

Duan Qingshui nodded, already having a detailed view on this judgment in his heart.
.

....

The adjournment ended soon.

Court again.

Members of the collegial panel enter.

During the adjournment just now, everyone in the courtroom was paying attention to how the judgment would be made after the trial started.

Therefore, as the members of the collegial panel entered the court, all relevant persons involved in the trial set their sights on the trial bench.

Especially Fang Qi and Zhang Yuan.

This is the first key decision in this trial.

They can't be defeated as soon as they reach the first key point, right?

Fang Qi set his sights on the judgment seat.

At this time, Duan Qingshui, as the presiding judge, sounded the hammer:

"The adjournment is over."

"Based on the fact that in the court hearing just now, the discussion has been completed on whether Lin Yong acted subjectively and intentionally for the purpose of profit."

"The verdict will now be announced."

"First of all, from the perspective of subjective intention and the statements of witnesses, it can be clearly seen that Lin Yong is not selling for profit." "The main basis is that Lin Yong helps the families of patients and reduces their purchasing expenses. This is implemented through Lin Yong’s subjective purpose.”

"So from this aspect, it can be seen that Lin Yong's subjective intention is not to deliberately make profits."

"In addition, as to whether Lin Yong made a profit through purchasing on behalf of others, the evidence proves that it was not used in his family life."

“In addition, there is no objective factual proof as to whether what the accuser stated was used for overseas consumption.”

"So it is determined that Lin Yong's purchase of drugs on his behalf did not result in profit-making for his own life."

"To summarize."

"It was determined that Lin Yong did not engage in subjective profit-making behavior in purchasing drugs on behalf of others."

The gavel fell.

The judgment is over.

Regarding this judgment, Su Bai thinks it is reasonable, let's not talk about anything else.

No matter from which aspect of this case, the evidence is favorable to Lin Yong.

Whether it is based on objective facts or other legal reasons, it is reasonable to determine that there is no subjective profit-making behavior.

On the other side, after hearing the verdict, Fang Qi's expression didn't change much.

But I sighed deeply in my heart.

This is the first judgment in the second instance and has been rejected.

In other words, as long as such a judgment is rejected, the original judgment of the first instance will certainly not be upheld, or at least the sentence will be reduced.

Although subjective intentionality does not affect the determination of the crime, it will affect the sentencing.

According to Fang Qi's estimation, the condition of subjective intentionality has been lost.

The minimum sentence is three to six months less.

From this aspect, this has gone against Cao Zhiwei's ideas.

but.…

Now that the judgment of the second trial has been made, as the prosecutor, Fang Qi does not have any new and powerful facts to overturn this judgment.

If you don’t accept it, you can only accept it…

It’s just that in the next few judgments, we must grasp it carefully.

Otherwise, the sentencing will be reduced one by one...then for the genuine drug of Glita...it will have great adverse effects.

At that time, it will not only affect his reputation, but also definitely affect the cooperation between the law firm and this major client.

This is the most important thing!

Fang Qi thought silently in his heart.
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....

On the other side, Duan Qingshui was sitting on the trial bench after deciding this fact.

Continue to speak: "As to whether the judgment in this trial is based on subjective profit-making."

"Now to summarize the other key points in this trial."

"Based on the appeal request of the appellant and the judgment of the first instance."

"The first-instance judgment held that foreign pirated drugs have a huge physical impact on most specific groups of people. Therefore, it is believed that Lin Yong's selling of counterfeit drugs is relatively serious."

"The appellant objected."

"The appellant believes that pirated drugs alleviate the condition of a specific group of people and should not constitute a serious situation."

"Can the appellant describe the above in detail?"

"Yes, Judge."

While Su Bai was speaking, he took a deep breath in his heart.

This judgment is the key judgment in this case, and it is also the content that mainly affects the sentence.

If the second-instance judgment does not reject the first-instance request.

So Lin Yong's sentence... To be honest, it cannot be reduced much and cannot meet the expectations.

Facing the presiding judge's inquiry, Su Bai compiled the materials and spoke:

"We have some objections to the determination that the circumstances are serious."

"details as follows:"

“According to the relevant laws and regulations of our country, the seriousness of the sale of counterfeit drugs needs to be determined according to the different buying groups and the different effects produced by the cases, such as minor cases, serious cases and particularly serious cases.”

"Under normal circumstances, if it causes adverse health effects to the purchasing population, it is deemed to be serious."

"In this case, Lin Yong sold pirated drugs to his patients to alleviate their conditions."

"This situation has not caused any adverse health effects on the purchasing population."

"And from the perspective of the purchasers, not only does it have no adverse health effects and alleviate the condition, but it also greatly reduces the purchase amount."

"For this group of people, it's a good thing."

"So from this point of view, we believe that the pirated drugs sold by Lin Yong do not constitute a serious situation."

"Based on this, we apply to the second-instance court to determine that our case is lighter and to reject the first-instance judgment that the circumstances are more serious."

"The above is our specific statement."

In fact, Su Bai's statement was very simple.

To put it bluntly, whether the plot is serious or not needs to be compared based on whether the impact is good or bad.

Lin Yong bought pirated medicine from abroad. Is there any patient who has taken this pirated medicine that has had a bad effect or worsened his condition?…

This is the criterion for judging the seriousness of Lin Yong’s crime.

If there is no such situation, then Lin Yong's crime should not be judged to be serious.

The first instance found that the circumstances were serious and obviously very unreasonable.

Because according to the current investigation, no one has worsened his condition by taking pirated drugs.

After all, what can I say...

Although this pirated medicine is said to be pirated, its efficacy is similar.

It's just that foreign manufacturing factories set aside international factors to imitate genuine drugs and are not afraid of infringing defendants to produce drugs.

Even on the other hand, Lin Yong himself is taking this pirated medicine.

This also confirms from the side that the effect on chronic leukemia is good, not to the extent of serious cases.

so.…

Regarding this judgment, it must be rejected!
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....

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(End of this chapter)