Lawyer's character

“Let’s put it this way, women under their prime basically have simple social relationships and relatively obvious external characteristics.

Even if a very few women develop physically earlier than their peers, ordinary people can usually judge their true identity from other aspects such as their speech, behavior, daily routine, and other aspects. Moreover, from the standpoint of special protection for women who are not in their golden years, Nor should there be controversy.

Therefore, it is presumed that the perpetrator in this situation knows the true age of the victim, which is consistent with common sense and does not violate the general definition of criminal intent in the general principles of criminal law. "Du Yong explained.

As a master, he feels that it is necessary for his disciples to understand the meaning behind the legal provisions, know what they are and why they are so, and cannot blindly memorize the laws.

A teacher teaches, teaches, and solves doubts!

"That is to say, whenever a victim who is dissatisfied with his golden age commits sexual infringements such as JY, no matter what excuse the perpetrator puts forward, it should be determined that the perpetrator 'should know' the other party's true situation. Regardless of whether the victim is voluntary or not, They all constitute crimes and should be severely punished, is that what you mean?" Cheng Du looked at the master.

"Well, it can be understood that way, but how to impose a sentence and whether to impose a harsher punishment depends on the specific circumstances of the case." Du Yong nodded and said, "You can contact the detention center to meet and review the case with the court."

Cheng Du agreed and picked up the phone.

(Note: In May 2023, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the "Opinions on Handling Criminal Cases of Sexual Assault on Minors", which will come into effect on June 1, 2023.

The "Opinions of the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security and Ministry of Justice on Punishing Crimes of Sexual Assault on Minors in accordance with the Law" (Fafa [2013] No. 12) involved in this case has been abolished as of June 1, 2023. )

Du Yong looked up and saw Li Mingbo walking towards him.

"Lawyer Du, is it convenient for you?" Li Mingbo asked.

"It's convenient, you can talk if you need anything." Du Yong knew that Li Mingbo and Fang Yi were old colleagues, so he was very polite to him. No matter how upright the team is, they can't avoid being sober.

"Lawyer Du, Lawyer Xie assigned me a criminal case involving minors. I have never handled this type of case before. I heard from Boss Fang that you have handled this type of case before, so I want to ask you for advice." Li Mingbo He was also very polite.

Following the local customs, he followed the others and called Fang Yi Boss Fang.

This case was the first criminal case assigned to Lee Myung-bak by his team after he was transferred there, so he was more cautious. Originally, he wanted to discuss the case with the three senior lawyers who were transferred there, but everyone went out, leaving only a few young lawyers busy with the cases in hand.

He wanted to consult Fang Yi, but Boss Fang also went out with his bag, so he could only listen to Fang Yi and come to Du Yong.

"No problem, let's go to Boss Fang's office to chat." Du Yong got up and took Li Mingbo to Fang Yi's office.

"I met with the defendant yesterday and read the papers. The specific facts of the case are as follows..." Li Mingbo sat opposite Du Yong and recounted the facts of the case.

There were two defendants in the case handled by Lee Myung-bak. The father of the first defendant, Lu Hongzhe, had a friend who was a lawyer, so he entrusted the case to his friend. Lee Myung-bak provided defense for the second defendant Song Rongming.

At noon on October 11 last year, the defendants Lu Hongzhe and Song Rongming had premeditated and pulled Xie Zhiquan (the victim was in Jinchainian) who was passing by at a traffic light in the county into the woods of a nearby park to threaten and They used intimidation to force Xie Zhiquan to give 10 yuan in cash to Lu Hongzhe. The two defendants also found 56 yuan in cash from Xie Zhiquan and fled the scene.

At around 7pm on the 12th of the same month, the defendants Lu Hongzhe and Song Rongming pulled Nie Guang, who was passing by (the victim was a young man), to a secluded area on the side of the highway, and robbed him of seven yuan in cash using threats and intimidation.

At around 8 pm on the 15th of the same month, the defendants Lu Hongzhe and Song Rongming came to the traffic light again and pulled Lian Yaqing (the year of the golden hairpin) who was about to go home into the woods in a nearby park. No money was found on him, so the two punched and kicked him and then fled the scene.

That night, Lu Hongzhe and Song Rongming were unwilling to give in and stopped Zhu Dengkui (the year of the cardamom) at the traffic light again on his way home. The two wanted to pull Zhu Dengkui into the park woods, but Zhu Dengkui was fat and they could not pull him. Seeing that there were no pedestrians around, Lu Hongzhe punched Zhu Dengkui in the chest and threatened him. Zhu Dengkui was timid and was forced to take out two yuan in cash and hand it to Song Rongming.

At around 8:00 pm on the 16th of the same month, the defendants Lu Hongzhe and Song Rongming came to the traffic light again. Lu Hongzhe held a dagger and forced He Xi (year of cardamom) who was passing there home into the grove of the park, beating and intimidating him. He Xi was forced to take out thirty-one and fifty cents in cash and handed it to Song Rongming.

At around 1:00 noon on the 20th of the same month, the defendants Lu Hongzhe and Song Rongming pulled Wang Jin (year of cardamom) who was passing by near the shopping mall into the stairwell of the shopping mall. After punching and kicking him, they forced Wang Jin to hand over 32 yuan in cash. Gave it to Song Rongming.

In the following days, the defendants Lu Hongzhe and Song Rongming successively pulled several victims (all in their prime) who were passing by the mall into the stairwell of the mall and threatened to demand money.

Later, when the defendants Lu Hongzhe and Song Rongming intercepted the victim again to ask for money, they were discovered by people on the roadside and called the police, and the two were arrested.

After investigation, the defendants Lu Hongzhe and Song Rongming committed eight crimes in total and obtained 183.50 yuan in stolen money.

The public security organ transferred the two defendants to the procuratorate for the crime of robbery, and the procuratorate filed a public prosecution in the court for the crime of picking quarrels and provoking trouble.

"Lu Hongzhe has hired a lawyer, what is Song Rongming's financial condition?" Du Yong asked after listening.

"Song Rongming's family conditions are also good and he is not short of money." Li Mingbo said.

"What do these two people think? The monthly pocket money given by the family is probably more than the money stolen. What are the two defendants trying to do?" Du Yong looked at Li Mingbo in confusion.

"At first I had the same idea as you. Later, when I met Song Rongming, I realized that what he wanted was temporary pleasure." Lee Myung-bak said.

"A moment of happiness?!" Du Yong was confused.

"Yes. The two defendants have a common characteristic, that is, they are depressed.

In Song Rongming's words, what he says and does must meet the requirements of his parents, otherwise he will be punished. He must do whatever is arranged, and no refutation is allowed.

The second defendant was in the age of dancing elephants and was the legendary "other people's family", but Song Rongming felt that this was not what he wanted. He was like a train and had to follow the prescribed route.

He felt very depressed inside. He had been suppressing it for more than ten years, and he always wanted to vent his depression and depression.

Later, he and Lu Hongzhe committed a robbery by chance, and the two were out of control since then," Lee Myung-bak said.