Chapter 551 Cousin?

"I refused to accept the charges and the sentence found by the court of first instance. I went to the hotel to discuss business that day and happened to see my wife Jiang Yu in the lobby.

Then I found out that she was dating a man, so I asked Erleng and Huzi to go to the room to catch him. I didn't want to rob the man, but he voluntarily gave me money to catch him.

I am not guilty of robbery. The sentence imposed by the court of first instance was too harsh. I implore the court to rule according to law. Shi Ling said confidently.

He felt that he was very reasonable. The other party cuckolded him and offered to compensate him with money. How could he be robbed? He squatted inside for so long without thinking about it.

After graduating from university, Shi Ling has been taking care of the family business with his father. He has seen many scenes and has developed a strong psychology. The word "knife meat" is very suitable to describe him. So after entering the detention center, he did not suffer a mental breakdown like others. On the contrary, his thinking and logic were very clear, and he deduced his own affairs several times.

"The defendant's defense lawyer issued the reasons for appeal." the presiding judge said.

"Presiding judge, judge: The defender believes that the court of first instance found the facts unclearly and applied the law incorrectly. It convicted and sentenced the appellant Shi Ling for the crime of robbery and the appellant's behavior should constitute the crime of extortion.

After the appellee Shi Ling caught him committing adultery, the victim was afraid that the appellant would make his affair public, so he proposed to give the appellant money to resolve the matter. The victim obviously had the purpose of spending money to avoid disaster. After that, the appellant used the threat of adultery and forcibly demanded 100,000 yuan from the victim for the purpose of illegal possession.

The evidence in the case cannot prove that the appellant Shi Ling had the intention to rob, and Shi Ling did not use violent means to coerce the victim. Therefore, the behavior of the appellant Shi Ling did not constitute the crime of robbery but constituted the crime of extortion. Please ask the court to change the sentence in accordance with the law. complete. "Fang Yi said.

"Appellant Shi Ling, do you have any objection to the criminal facts and charges determined in the first-instance judgment?" the presiding judge asked.

"There is an objection. The court of first instance found that I used violence to coerce the victim and rob the money, which was not consistent with the actual situation. The victim voluntarily gave me the money. Later, the two of us bargained and reached an agreement that the victim would give me 100,000 yuan to solve the problem of catching the rape.

In addition, I do not agree with the crime found by the court of first instance, and it does not constitute robbery..." Shi Ling argued.

"The prosecutor will now question the appellant Shi Ling on the facts found in the first-instance judgment," the presiding judge said.

"Okay, presiding judge." The male prosecutor sitting at the head of the prosecutor's bench looked at Shi Ling: "Appellant Shi Ling, what were you doing in the hotel on the day the case occurred?"

"I went to the hotel to discuss business. When the first instance was held, the court had already investigated it. The WeChat account of the client inviting me to the hotel, the certificate issued by the client's company, and the client's check-in record can all confirm what I said." Shi Ling said confidently. .

"How did you find your wife Jiang Yu in the hotel?" the prosecutor asked.

"I saw her in the hotel lobby. She was sitting in the corner of the lobby playing with her mobile phone with her head down," Shi Ling said.

"After you saw Jiang Yu, why didn't you go find her?" the prosecutor asked.

"She usually goes shopping with her best friends and visits beauty salons. Suddenly she appeared alone in the hotel. I felt very strange at the time, so I didn't call her because I wanted to see what she was going to do." Shi Ling said.

"Then what did you see?" the prosecutor asked.

"A young man, quite fair-looking, took her upstairs with the room key. I followed her," Shi Ling said.

"Do you know that man? What do you think their relationship is?" the prosecutor asked.

"I don't know, I think they have an immoral relationship between a man and a woman. To put it bluntly, my wife is cheating on her.

But after all, this kind of thing requires evidence. If I stopped them rashly, the two of them would definitely not admit it, and they might make up excuses about my cousins ​​to prevaricate me, so I followed them upstairs. Shi Ling said.

"What did you do after that?" the prosecutor asked.

"I asked Huzi and Erleng to come to the hotel to help me catch the rapist. Later we opened the door and saw my wife and the man... I beat the man." Shi Ling said.

"What was the victim's reaction?" the prosecutor asked.

"He offered to give me money to let him go," Shi Ling said.

"How much does he want to pay you?" the prosecutor asked.

"Fifty thousand!" Shi Ling said.

"Did you agree?" the prosecutor asked.

"No. I thought it was too little, so I asked him for 100,000 yuan. He didn't have that much money, so he called a friend and borrowed 100,000 yuan. I asked Huzi to get it," Shi Ling said.

"Presiding judge, we have finished asking questions," the prosecutor said.

"The appellant Shi Ling's defender asked a question," the presiding judge said.

"Appellant Shi Ling, what did you think when you entered the hotel room?" Fang Yi asked.

"I saw my wife Jiang Yu stealing a man outside. I was so angry that I was shaking. I beat the man and thought I would talk to her about the rest of the matter after I got home. After all, family scandals should not be made public," Shi Ling said. .

"What did you think when the other party offered to give you money to let him go?" Fang Yi asked.

"I thought at the time, he seduced my wife to do that, so I should be compensated with money," Shi Ling said.

"The victim borrowed money from a friend to compensate you. Who suggested it?" Fang Yi asked.

"It was the other party who proposed it. He promised to give me 100,000 yuan, but he had no money in his bag. He said he could borrow it from a friend," Shi Ling said.

"Who called his friend and told him about borrowing money?" Fang Yi asked.

"He made the call himself. We don't know his friends. From the beginning to the end, he was contacting his friends to borrow money." Shi Ling said.

"Why did the victim's friend give money to Huzi if he didn't know him?" Fang Yi asked.

"He called his friend and told him that a friend would go get the money later, and told his friend Huzi's appearance and clothes. As a result, Huzi only got 50,000 yuan, and I was arrested by the police," Shi Ling said.

"After the victim offered to pay him, did you hit him again?" Fang Yi asked.

"No, we've already agreed. How could I hit him again?" Shi Ling said.

"Why didn't you let the victim go?" Fang Yi asked.

"Because Huzi went to get the money and hadn't come back yet. I don't know if he was lying to me." Shi Ling said.

"Presiding judge, the defender has finished asking questions." Fang Yi said.

"The following is the presentation and cross-examination of evidence. Do the prosecutors, defenders, and appellant have any new evidence that needs to be submitted?" the presiding judge asked.

“There is no new evidence,” the three parties replied.

…

"The court investigation is over and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense that the debate should mainly focus on determining guilt, sentencing and other controversial issues.

Let the appellant speak first. "The chief judge said.

"I don't think I am guilty of robbery..." Shi Ling defended his behavior, repeating what he had thought about in the detention center.