After Yuan Shengguang stood up, he immediately refuted the accusation of intentional homicide.
"The presiding judge, the trial, and the prosecutor, I want to say that Ms. Guo was not suspected of intentionally causing death, but at most it was negligent."
If you are suspected of intentionally causing death, then under the criminal law, you can generally be sentenced to more than ten years in prison, or even life imprisonment, or death.
Guo Yanwei refused to save her father-in-law. This kind of situation is particularly bad, and the probability of life imprisonment is It is very high, no matter how bad it is, it will be more than twenty years.
If Yuan Shengguang successfully defends Guo Yanwei to the extent of negligent death, then at most it will be more than three years and less than seven years.
If Yuan Shengguang defends well, he may be able to get three years The following sentencing.
When he saw Yuan Shengguang defending Guo Yanwei in the direction of negligent death, Zhao Junxiao could not help but cursed:"This kind of lawyer is really heartless."
Zhao Junxiao just cursed a few words by himself. After all, the prosecutor would definitely refute, whatever Yuan Shengguang said.
So Zhao Junxiao would not show too much excitement.
But when he heard Zhao Junxiao scolding himself for losing his conscience, Yuan Shengguang He looked at Zhao Junxiao and said,"Family members in the gallery, I hope you will not affect my defense."
Zhao Junxiao feels that lawyers like Yuan Shengguang are really a bit shameless.
As a family member of the victim, can't he curse?
Zhao Junxiao knows that Yuan Shengguang wants the presiding judge and the court to see his poor performance, so Zhao Junxiao will not suffer this disadvantage.
Without the presiding judge's reminder, Zhao Junxiao took the initiative and said:"I know, I won't say another word next. I'm really sorry just now, please don't mind the court and the presiding judge."
Zhao Junxiao said"317" because of the emotions of the victim's family. It was understandable that there was a presiding judge present at the trial, so he didn't say anything.
"Defendant's attorney, please continue to state your case."
Yuan Shengguang continued:"The reason why the police sued our client for intentionally causing death was because of a video accidentally taken by the agency Ms. Yang Qiaoyi."
"Presiding Judge, during the hearing, I would like to ask Miss Yang Qiaoyi to appear in court again, is that okay?"
"Can."
Subsequently, Yang Qiaoyi was invited out again.
After Yang Qiaoyi appeared in court to testify, Yuan Shengguang asked Yang Qiaoyi
"Miss Yang, I would like to ask you, is the evidence that Lawyer Jiang found from you the only accidental picture of Ms. Guo standing next to Director Zhao who fell to the ground without any action?
Of course Yang Qiaoyi told the truth and nodded:"Yes.""
"Because it was taken by chance. When the video material was saved, if Lawyer Jiang hadn’t come to see me, I wouldn’t have known that the evidence in this video was involved in the murder case."
"Ms. Yang, I would like to confirm again. Did your video capture any other actions of Ms. Guo?"
"No."
Hearing Yang Qiaoyi's answer, Yuan Shengguang immediately showed a satisfied smile on his face.
"Ms. Yang, thank you very much for your testimony."
As he said that, Yuan Shengguang looked at the presiding judge:"The presiding judge, the trial, and the prosecutor, based on this fragment of footage, it proves that Ms. Fang Guo stood by while Director Zhao fell unconscious and fell to the ground. I don't think this is true. of"
"Because this clip can only prove that when Ms. Fang Guo took treatment measures for Director Zhao, it was indeed delayed a little bit, but I hope everyone should consider the situation at that time."
"Ms. Guo was called to her study by Director Zhao to discuss the matter of recovering the equity."
"As our client, Ms. Guo, naturally does not want her equity to be taken back, so there is a conflict between the two parties in this matter."
"Chief Judge, sometimes old people may not be kind, especially successful people like Director Zhao, who have been in the business for a long time, are often very scheming. The prosecutor immediately interrupted Yuan Shengguang:"
President, I object to the defendant's lawyer's statement. This is disrespectful to the deceased." The presiding judge looked at Yuan Shengguang:"Defendant lawyer, please pay attention to your words. Don't make things up out of thin air or use bad words to describe the deceased.""
"OK"
Yuan Shengguang nodded and changed his explanation.
"Maybe everyone has not noticed that Director Zhao is a very joking person."
"Originally, Director Zhao had always had physical examinations on time and was in good health. No one would have thought that Director Zhao had a heart attack at that time."
"The reason why I say that Director Zhao is more joking is because when Ms. Guo and Mr. Zhao had their first daughter, in order to urge them to have a second child, Director Zhao often pretended that he had heart problems in front of his family. I'm not in good health, I hope I can enjoy family happiness"
"Mr. Zhao, who is a family member of the victim, is also here. Mr. Zhao, let me ask you now, has Director Zhao made such a joke several times?"
When Yuan Shengguang asked himself this, Zhao Hangqi suddenly guessed what Yuan Shengguang meant by asking him this.
Although he is not a lawyer, Zhao Hangqi knew that something was wrong.
Yuan Shengguang's angle was very sharp, and he actually started his defense from this angle..
But no matter what, Zhao Junxiao knew that he could not lie.
If he lied, he would cause trouble for the prosecutor.
"My dad did make a few jokes about this."
"The presiding judge, the trial, and the prosecutor, Mr. Zhao’s words have made it very obvious. Director Zhao has made such jokes several times."
"So in the study room, when our client was discussing the equity recovery with Director Zhao, our client did not agree. Naturally, our client could not judge whether Director Zhao was pretending to be heartbroken at that time or whether he was really feeling sick."
"Our client is not a medical professional, and his first reaction was to be frightened."
"When a person is faced with a fearful or stressful situation, his or her brain tends to go blank."
"In such a situation, our client himself is confused and at a loss. This situation is called emotional shock."
"When our client entered a state of emotional shock, he had no idea what was happening in front of him."
"This state may often last for several minutes"
"From the 10 seconds in the video, we can see that our client is in a motionless state, so this can confirm that the state of emotional shock I mentioned did indeed occur to our client."
"Of course, as the daughter-in-law, my client will not just stare blankly."
"When our client recovered from the 5-minute state of mental shock, he immediately thought that Director Zhao might be joking to scare him again."
"Therefore, our client expressed to Director Zhao that she was willing to transfer the equity and return it to Director Zhao."
"I originally thought that after agreeing, Director Zhao would end this farce"
"As a result, Director Zhao had been lying on the ground motionless. Only then did our client realize that Director Zhao was not joking, but really had a heart problem, so he immediately contacted the nanny and the ambulance."
"Our client made certain mistakes in this emergency, but she has already fulfilled her obligations as a daughter-in-law."
Hearing Yuan Shengguang's fallacy, the prosecutor couldn't agree with it:"This statement is really ridiculous.
Yuan Shengguang retorted again:"Prosecutor, this statement is not ridiculous at all.""
"Our client has applied to the court for a mental evaluation and has obtained the mental evaluation report, which proves that there is indeed a problem with our client's mental state."
While speaking, Yuan Shengguang took an appraisal report from his assistant.
The hospital where the psychiatric appraisal was conducted was designated by the court, and its authority must be unquestionable.
The prosecutor will not doubt the authenticity of this mental appraisal, but the prosecutor Refute again
"According to the testimony of Ms. Guo asked by Ms. Jiang during the divorce proceedings, Ms. Guo’s answer was that it only took one minute for her to go from the emergency to notifying the nanny and the ambulance."
"Ms. Guo’s testimony at that time seems to be very contradictory to Lawyer Yuan’s testimony at this moment?"
Yuan Shengguang knew that the prosecutor would say this, so he immediately said:"President, during the trial, my words are not inconsistent with the prosecutor's words."
"Because Ms. Guo entered a state of mental shock, she did not know how long she had stopped."
"So for Ms. Guo, when she recovered from the mental shock, she began to compromise with Director Zhao and found out that Director Zhao was not joking."
"Ms. Guo immediately started calling the nanny at home and calling for an ambulance. Of course, these actions were all completed within one minute."
"Therefore, the presiding judge, during the trial, although our client, Director Zhao, missed the best rescue time due to some reasons,"
"But this is the cause of our client’s own mental illness, which caused him to be greatly frightened at the first moment, and he missed the best time."
"When she reacted later, she immediately fulfilled her obligations as a daughter-in-law and took action to rescue Director Zhao."
"Therefore, I think it would be very inappropriate for our client to be charged with intentionally causing death because of his mental state....0"
"I think our client should be innocent"
"If you have to think that she is guilty of indirectly killing her father-in-law Zhao Dong, at most she is suspected of causing death by negligence."
"Moreover, the death due to negligence was beyond her control and was caused by personal mental problems. I hope the court can give our client a lighter sentence. At this time, Zhao Junxiao couldn't help it anymore:"
That's nonsense. It's strange that Guo Yanwei has mental problems." A lawyer like you defends people like this just for money. Do you have any bottom line?"
I had just said that I would not say another word, but Zhao Junxiao was really furious. I didn't expect that Yuan Shengguang could defend such a thing as not being at fault.
Zhao Junxiao definitely disagreed with putting all the responsibility on mental issues.
Zhao Junxiao As a victim's family, although they are very emotional, they must pay attention to evidence in court. The mental appraisal report issued by Yuan Shengguang is admissible.
This appraisal report is that the whole process is very rigorous, and it is not just anyone who says it casually. If you have mental problems, you will definitely be identified as having problems.
The presiding judge looked at the prosecutor:"Does the prosecutor have any additional reasons?"
Of course the prosecutor is not that easy to fool.
"Presiding Judge, I think there is something wrong with what the defendant's lawyer said."
"Lawyer Yuan just said that Director Zhao is a person who likes to joke, and he has made jokes about his poor heart before."
"Since this joke has been made, when Ms. Guo and Director Zhao were talking about equity in the study room, and Director Zhao had a heart attack, Ms. Guo's normal reaction should be that Director Zhao was joking there." (To read exciting novels, go to Feilu Novel Network!)
"So how could he be frightened in the first place and suffer from mental shock?"
"The logical statement is this. When Ms. Guo saw Director Zhao falling to the ground due to a heart attack, she immediately thought that Director Zhao was joking and stood idly by."
"Director Zhao kept falling to the ground. Ms. Guo deliberately tested whether Director Zhao really had a heart disease."
"Just like what Lawyer Yuan said just now, after Director Zhao fell to the ground, Ms. Guo said that she was willing to return the equity."
"After Ms. Guo said this, Director Zhao still didn't get up, so he must have realized that something was wrong at this time."
"What happened next was that Ms. Guo refused to save her father-in-law for money, and looked indifferently at Director Zhao who fell to the ground.Waiting quietly will miss the best rescue time"
"During the whole process, I really couldn't think of anything about Ms. Guo that was worthy of being frightened."
Yuan Shengguang was not surprised at all that the prosecutor would say this.
To help Guo Yanwei fill in the few minutes after the heart attack and prove that Guo Yanwei was not guilty, there would naturally be a flaw. Naturally, there would be other explanations to cover this flaw.
Yuan Shengguang spoke again:"Judge 0.2, the trial, I think we can't look at the process solely from the results."
"Dong Zhao clearly knows that Ms. Guo is his daughter-in-law and is part of the family"
"Even if the equity continues to be held by Ms. Guo and Mr. Zhao, the controlling rights of the company still belong to their family."
"However, Director Zhao insisted on getting the equity back at this time because he was worried about Ms. Guo as his daughter-in-law."
"Taking back the equity means that Director Zhao does not trust Ms. Guo"[]
"This means that Ms. Guo’s family and Ms. Guo herself will suffer losses, and both parties will be at odds. After all, they invested real money in order to expand their share capital."
"In this process, when interests are involved, do you think the conversation between the two parties will be friendly and the atmosphere harmonious?"
"Director Zhao wanted Ms. Guo to hand over her equity. During the negotiation process, Director Zhao had a sharp attitude, sharp words, and fierce words, which put Ms. Guo under tremendous psychological pressure."
"This is just like when we normal people talk to our boss"
"If the boss is too strict and harsh when speaking, we as employees will definitely be afraid. When Yuan Shengguang said this
, Guo Yanwei immediately added:"When my father-in-law asked me for equity, he threatened me at every turn, which put my entire mental state in an extremely tense state."
"I don't know how to negotiate with him so that I don't lose out."
"I was at a loss at first, so when this situation suddenly happened"
"When I saw my father-in-law, who had treated me like an enemy just a second ago, fall to the ground, I was naturally frightened. I could never have imagined that he was joking with me."
Yuan Shengguang and Guo Yanwei sang and harmonized, and their words were seamless.
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