TOWSMAICBYUM :: Volume #5

#460: Should go, goes in


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Chapter 460 should go, goes in 第460章该进去的,还是进去吧 On July 3, clear. 七月 3 日,晴。 Envies the engagement to marry, Naji, visits a grave, suitable holding court, is put in prison. 忌订亲,纳吉,上坟,宜开庭,入狱。 The demon, Zhao Yi has started now intense, because two days later morning is the holding court time. 魔都,赵怡现在已经开始紧张了,因为两天之后的上午就是开庭时间。 Statement that but the opposite party has no, probably she sends in online that apology is fake is the same. 可是对方却没有任何的表态,好像她发在网上的那个道歉信是假的一样。 Does not have the means to speak with the colleague again, because yesterday she because this complained about the colleague, thinks that the colleague is offering advice blindly. 和同事已经没办法再说话了,因为昨天她因为这个埋怨了同事,认为同事在瞎出主意。 The colleagues are not naturally glad, I help you with good intention, now does not have result that me not to have the means that do you also blame me now? 同事自然不乐意了,我好心帮你,现在没结果那我也没办法,你现在还怪我? The frame quarrelled, other colleagues also again no one and she spoke. 架吵完了,其他同事们也再没有人和她说话。 Criminal private prosecution case, if directly does not conduct the custody, that looks like the suspension of sentence to be the same, will frequently make the litigant have the misconception. 刑事自诉案件,如果不是直接进行羁押的话,那就像是缓刑一样,经常会让当事人产生错觉。 Thinks that has been all right. 认为已经没事了。 But the reality is, rules, what to do you should what to do. 但现实是,判决下来,你该怎么办还是得怎么办。 Probably Zhao Yi such also several, are the university students who that several online apologized. 像是赵怡这样的还有几个,就是那几个在网上道歉的大学生。 Thinks that under such public opinion, resolute must have scruples, he does not care, his company must do business. 都以为在这样的舆论下,阿毅怎么也得顾忌一点,他不在乎,他的公司总要做生意吧。 Finally others have not really cared, for a long time has not contacted with them. 结果人家还真的就不在意,这么长时间都没有联系过他们。 Therefore, everyone flustered, at this time is thinking contacts with Zhou resolute, but is actually not able to contact with the opposite party. 于是,大家都慌了,这个时候又想着联系周毅,但是却无法联系到对方。 Zhou resolute does not certainly answer the telephone intentionally, he now in the court, today is the day that Brother Charlie holds court. 周毅当然不是故意不接电话的,他现在在法院,今天是查理老哥开庭的日子。 He but was actually not recently busy, but side Dazhuang recently really busy. 他最近倒也不忙,但是方大状最近真的忙。 Because of the opposite party through the court investigation command, adjusted bright peak community entrance the monitoring of restaurant on to Han Juan family/home road unexpectedly. 因为对方居然通过法院调查令,将光明峰小区门口的饭馆到韩娟家路上的监控都调了出来。 This is really a big project, solely is not the court feels troublesome, the police of police station a little were speechless. 这真的是一个大工程,不单单是法院觉得麻烦,就连派出所的民警都有点无语了。 Even if you bring a lawsuit, does not need to prepare is so detailed. 您就算是打官司,也没必要准备的这么详细吧。 So many monitoring videos, this quarter compact disc many...... 这么多的监控视频,这刻成光盘得多少啊…… However side Dazhuang the reputation can suppress, therefore moved also moved, but no one wants to understand that he wanted these to do. 不过方大状的名头还是能压住的,所以调了也就调了,只是没人想明白他要这些干嘛。 Including Zhou resolute...... 包括周毅自己…… Then, is just like demon that time, card the final time of presenting evidence the deadline submits the evidence. 然后,还是和魔都那次一样,卡着举证期限的最后时间将证据提交。 Regarding Aunt Wu such court audit people, related to the criminal private prosecution of foreigner, this is really appealing! 对于吴大妈这样的法院旁听群众来说,涉及到老外的刑事自诉,这可是真的吸引人! Therefore today's audit personnel explosive table, everyone is very curious, is not big regarding such a case, but the influence very big case, how Guangming District Court will sentence. 于是今天的旁听人员爆表,大家都很好奇,对于这么一个案件不大,但是影响力很大的案子,光明区法院会怎么判。 Guangming District Court also has the pressure, can say that this case to the present is not a simple case. 光明区法院这边同样有压力,可以说这个案子到了现在已经不是一个简单的案子了。 Related to the thing in aspects, therefore rules to probably be able to stand firmly is good. 涉及到方方面面的东西,所以判决必须得站得住脚才行。 The judge sounded the law mallet, the hearing started. 法官敲响了法槌,庭审开始。 Attorney Le stands defense attorney there, on the face brings some self-confidence. 乐律师站在被告辩护人那里,脸上带着些许的自信。 He has known yesterday, the opposite that attorney is side Xujing. 他昨天已经知道,对面那个律师叫方许镜。 Probably before had heard this name in the demon, but happy because of not caring. 好像之前在魔都听说过这个名字,但乐因不在意。 Actually the law circle despises the chain besides Farben non- Farben these, with other academic almost, has despising chain whether has studied. 其实法律界除了法本非法本这些鄙视链之外,和其他的学术差不多,都有着是否留过学的鄙视链。 Many university you must comment some title, must have the overseas to study in the experience, the law naturally is also so. 很多大学伱要评上某个职称,必须要有海外留学经历,法律自然也是如此。 side Dazhuang does not have the overseas to experience, this is also he by the reason that many legal professional looks down upon. 方大状没有海外经历,这也是他被很多法律界人士瞧不起的原因。 How even if you, look down upon you again. 哪怕你再怎么样,就是看不起你。 The readout from the petition, side Dazhuang stands to start to read carefully and painstakingly, this everyone is very familiar. 宣读自诉状,方大状站起来一板一眼地开始念,这大家都很熟悉。 Afterward was presents evidence to question witnesses the link. 随后便是举证质证环节了。 The evidence that side Dazhuang submits were too plenty, but the key evidence only has three. 方大状这边提交的证据太多了,但是关键证据只有三份。 At least in happy because of looking like, key evidence, only then these three, other he has not looked. 起码在乐因看来,关键证据真的只有这三份,其他的他都没怎么去看。 Because were too many, when he exchanges the evidence sees that pile of evidence , the whole person is compels ignorant. 因为真的太多了,当他交换证据时看到那一堆的证据,整个人都是懵逼的。 It is not a criminal private prosecution case, you make so many evidence, who can look. 不就是一个刑事自诉案件吗,你弄这么多证据,谁能看得过来。 Especially was called monitoring record, was supposing looked completely did not know with many days, even if entered quickly is still the same. 尤其是其中一份叫“监控记录”的,估摸着全部看完不知道得用多少天,就算是快进也一样。 He even is wicked the interest in think, the judge can also look was tired, then sentences the opposite party to lose directly...... 他甚至恶趣味地想着,法官会不会也看的烦了,然后直接判对方输呢…… Is thinking, side Dazhuang has started to present evidence. 就这么想着,方大状已经开始举证了。 First is very simple, the receipt of Zhou resolute this movement camera, proves the price of camera. 第一份很简单,周毅这个运动相机的发票,证明相机的价格。 Because of opens the mouth to say happily directly: Does not have the objection to the evidence authenticity and certificate effort.” 乐因直接开口道:“对证据真实性和证明力度都没有异议。” Second is the key is, monitoring record in restaurant. 第二份就是关键所在,饭馆里的监控记录。 This monitoring can see very much clearly, after our litigants leave, the defendant took away the camera.” “这份监控可以很清楚地看到,在我方当事人离开之后,被告拿走了相机。” Happily because of opening the mouth saying: Is unobjectionable to the authenticity of evidence, has the objection to the proof effort, this/should monitoring video can only show that our litigants take the camera to go out, but is actually not able to show that our litigants carry off it!” 乐因开口道:“对证据的真实性无异议,对证明力度有异议,该监控视频只能证明我方当事人拿着相机出了门,但却无法证明我方当事人将其带走!” Happily because of saying oneself main defense opinion! 乐因说出了自己最主要的辩护意见! He naturally must make plead not guilty. 他自然是要做无罪辩护的。 This view is, this camera Charlie but out of curiosity brings going out, then after going out, thinks that this is false, therefore threw the camera. 这个说法就是,这相机查理只是出于好奇而带着出了门,然后出门后认为这是假的,所以将相机扔了。 As the matter stands, was not the embezzlement, the situation that because he has not invaded happened, did not conform to the constitution important document of embezzlement. 这样一来,就不是侵占罪了,因为他没有侵占的情况发生,不符合侵占罪的构成要件。 Naturally, for no reason others things throwing, this definitely infringes upon the right, because after picking, has the duty of management. 当然,平白无故把人家的东西给扔了,这肯定是侵权,因为捡到之后就有管理的义务。 Therefore the thing must certainly compensate. 所以东西肯定是要赔偿的。 But such criminal case can transform as the civil dispute, naturally did not have the crime situation. 只不过那样子刑事案件就可以转化为民事纠纷,自然就没有犯罪的情况了。 This is happy because of defense foothold. 这就是乐因的辩护落脚点。 Before that case many people who picked the diamond then to lose knows, refers to that process. 以前那个捡到钻石然后丢失的案子很多人都知道,就是参考那个过程。 Regarding this side Dazhuang has not said anything, but continues to take the evidence. 对此方大状并没有说什么,只是继续拿证据。 Zhou resolute sits in side actually felt probably was a little clear. 倒是周毅坐在旁边好像感觉有点明白了。 Because the monitoring showed, from is not very far, these two are to walk home, therefore did not exist saying that threw the camera on the vehicle. 因为监控显示,距离不是很远,这俩是走路回家的,所以不存在说将相机丢在了车上。 Then the issue came, you said that you threw the camera, that must be able to demonstrate in the monitoring. 那么问题来了,你说你把相机丢了,那总得在监控里可以显示出来吧。 This is a thought error, possibly stayed in the beautiful country for a long time does not know, here on the principal road in city, basically monitored can achieve covers completely...... 这就是一个思维误差,可能在漂亮国待久了都不知道,我们这里在城区的主要路上,基本上监控是可以做到全部覆盖的…… Only the these very remote corner will form the dead angle...... 只有那些很偏僻的角落才会形成死角…… Therefore this why, really you did anything, must look for you, the monitoring looks one by one can look...... 所以这就是为什么,真的你做了什么事,要找你,监控挨个看着就能找下去…… Thinks of here, Zhou resolute felt inexplicably, side Dazhuang is a little badly listless, that more than ten minutes that actually inside critical information only then they go home points of time. 想到这里,周毅莫名觉得,方大状有点蔫坏,其实里面的关键信息只有他俩回家的那十分钟多点的时间。 Finally side Dazhuang putting in order one pile made one look is tired, not to mention the card the time is also submitting...... 结果方大状给整了一堆让人看着都烦的,更不用说还卡着时间提交…… The third evidence is the telephone conversation record, the opposite party in telephone denied that with camera, this seems like cannot bring to work as the evidence. 第三份证据则是通话记录,对方在电话里否认拿了相机,这看起来好像不能拿来当证据。 But you must know, by has not picked to take the reason to shirk, similarly is one of the embezzlement plots. 但你要知道,以没捡到作为理由来推脱的,同样属于侵占罪的情节之一。 This evidence happy because of also no good questioning witnesses reason, to prove the effort to be insufficient, cannot show that does not return intentionally. 这个证据乐因也没什么好的质证理由,还是以证明力度不足,不能证明故意不返还。 Because has prepared the forensic argument happily, he must well and opposite party debated, monitored the video evidence as for the remaining that anything, he had not felt. 乐因已经准备法庭辩论了,他要好好的和对方辩一辩,至于剩下的那个什么监控视频证据,他并没有感觉。 Finally side Dazhuang opens the mouth saying: My last evidence, on the same day when it happened, the defendant and his girlfriend Han Juan the monitoring that went home from the pig's feet restaurant!” 结果方大状开口道:“我这里最后一份证据,事发当天,被告和其女朋友韩娟从猪脚饭馆回家的监控!” We can see, in this process, the defendant has nothing movement that discards the goods.” “我们可以看到,在这个过程中,被告并没有任何丢弃物品的动作。” Movement that has not truly discarded, because two people are busy tangled up on the road, simply does not have the time. 确实没有丢弃的动作,因为两人在路上忙着缠绵呢,根本没时间。 What thing? Because of direct was happily silly. 啥玩意?乐因直接傻了。 Now his feeling is, the opposite party sentenced him to sentence in advance in advance! 现在他的感觉就是,对方预判了他的预判! Moreover was directly with the evidence his defense according to dying...... 而且是直接用证据把他的辩护点给按死了…… The climax forensic argument has not started, had completely lost the clue. 重头戏法庭辩论还没开始呢,就已经完全失去了头绪。 Pitiful because of being also ready to debate one wave happily well. 可怜乐因还摩拳擦掌准备好好辩论一波呢。 Everyone on the scene is not a blind person, naturally can look, that defendant attorney when heard this evidence the complexion changes. 在场的大家都不是瞎子,自然能看出来,那个被告律师在听到这个证据的时候脸色都变了。 The judge is not a little cruel enough, was too miserable. 法官都有点不忍心,太惨了。 This is actually the repertoire that many attorneys can play, intentionally keeps a loophole in the petition of appeal or from the petition to you who at first submit. 这其实是很多律师都会玩的套路,故意在最初提交的起诉状或者自诉状里给你留点漏洞。 You looked naturally are very happy, this did not have to debate the point! 那你看了自然是很高兴,这不就有辩点了嘛! Then all work will be done regarding this, did not consider other aspect. 然后所有的工作都会围绕着这个来做,就不去考虑别的方面了。 Now many attorneys are see the case to meet, in the hand one pile of cases, that definitely not possible to spend all energy in a case. 现在很多律师都是见案子就接,手上一堆案子,那肯定不可能把所有精力都花在一个案子上。 Then waits to present evidence the deadline to expire, basically was also about to hold court, at this time you discovered even was not right, was still little too late...... 然后等举证期限届满,基本上也就快开庭了,这个时候你就算发现了不对,也有点晚了…… Happily because of the present is this condition, the forensic argument starts, the speech a little knocks. 乐因现在就是这个状态,法庭辩论开启,说话都有点磕磕碰碰。 The rhythm was disrupted directly completely, can only force to say other points that before thought. 节奏直接被完全打乱,只能勉强把之前想的其他点说出来。 But this was overruled by oneself, said that surely not to have the least bit to use. 但这本身就是被自己否决的,说出来那肯定没有半点用。 side Dazhuang refuted the past easily, the convenience started the taunt...... 方大状轻而易举地就反驳了过去,顺手就开始了嘲讽…… On side Dazhuang this, that happy will taunt surely, on side Dazhuang of court always did not have humane...... 就方大状这样,那开心了必定会嘲讽,上了法庭的方大状从来都是没人性的…… Arrived this stage, Aunt Wu who audited has the idea, this added anything, sentenced directly on the line. 到了这个阶段,就连旁听的吴大妈都已经有了想法,这还说什么,直接判了就行。 Wu Aunt nearby Uncle king even felt, this case, the staddle dog comes up also on this result, but also Attorney...... 吴大妈旁边的王大爷甚至觉得,就这案子,牵条狗上去也就这结果吧,还律师呢…… Charlie is opening mouth greatly, he can understand, he felt that received *** discrimination, the attorney really good vegetable/dish that because they entrusted...... 查理大张着嘴,他是能听懂的,他感觉受到了***的歧视,因为他们委托的这个律师真的好菜…… The forensic argument ended, happily because of sitting on chair, the complexion is vacant. 法庭辩论结束,乐因坐在了椅子上,脸色茫然。 Who I am, which I am, where this is. 我是谁,我在哪,这是什么地方。 Opposite that attorney looks like abnormally is why same, why does he want that to taunt me, my really very vegetable/dish? 为什么对面那个律师就像是变态一样,为什么他要那么嘲讽我,我真的很菜吗? The closing statement stage, had nothing saying that wanted to sentence, sentences the solid punishment! 最后陈述阶段,没什么可说的了,希望判刑,判实刑! Feels many years ago, can the far ben, wrong! 一个个的都觉得还是多少年前呢,可以受到特殊待遇,错啦! The hearing ended the adjournment, Zhou resolute looked opposite, that Charlie is opening to oneself attorney probably spurts. 庭审结束休庭,周毅看了看对面,那个查理好像对着自己的律师开喷了。 The quick adjournment ended, the judge judged in court: Is sentenced to Charlie Rowson fixed-term imprisonment one year, receives the fine 10,000 Yuan! 很快休庭结束,法官当庭宣判:判处查理・罗森有期徒刑一年,并处罚金一万元! Besides this, but must return the Zhou resolute camera. 除了这之外,还要返还周毅相机。 Heard this ruling, Zhou Yixiao, Guangming District Court. 听到这个判决,周毅笑了,光明区法院还是可以。 This time withstood the pressure, sentenced directly for a year, moreover is the solid punishment. 这次顶住了压力,直接判了一年,而且是实刑。 Do not look, only then one year, you must know that the embezzlement amount big plot is also below two years. 别看只有一年,你要知道侵占罪数额较大的情节也就是两年以下。 However over 100,000 Yuan are vast amount , the Zhou resolute that camera is also 30,000-40,000. 而十万元以上才算是数额巨大,周毅那相机也就是30,000-40,000而已。 Comfortable, was really comfortable. 舒服了,真的舒服了。 Only pitifully, the assault has not established...... 只可惜,袭警并没有成立…… Charlie knows through the translator the ruling, sits there all of a sudden, has no fear of great distances to come to here, but also thinks that can with such that online said that hangs the younger sister paper casually, how to be all right. 查理通过翻译知道了判决结果,一下子坐在那里,不远万里来这边,还以为能和网上说的那样,随便吊妹纸,怎么都没事。 The result took a camera to be imprisoned...... 结果拿了个相机就要坐牢了…… Also does not know that here prison and native place there prison compares to have anything to distinguish, heard human rights that they do not respect the criminal! 也不知道这里的监狱和老家那里的监狱比起来有什么区别,听说他们不尊重犯人的人权啊! In comparison, Han Juan was not quite same. 相比之下,韩娟就不太一样了。 Her circumstance is not serious, moreover in knowing oneself that boyfriend is actually a poor devil collapses after their home thoroughly. 她那个情节不严重,而且在知道了自己那个男朋友其实在他们国内就是个穷鬼之后彻底崩溃了。 She does not know oneself are why same as the insanity, thought that is the friend with the foreigner is „is very fierce. 她不知道自己为什么就和疯魔一样,觉得和外国人做朋友就是“很厉害”。 Finally now, compensated the person and money did not say, but must go. 结果现在,赔上了人和钱不说,还得进去。 Han Juan's father has not made an appearance actually, possibly also felt own family/home daughter situation a little loses face. 倒是韩娟的父亲没有露面,可能也觉得自己家女儿这情况有点丢人。 One day later, is Guangming District Court, is sentenced to the Han Juan fixed-term imprisonment six months, suspends sentence for a year. 一天后,还是光明区法院,判处韩娟有期徒刑六个月,缓刑一年。 Reason that sentences the suspension of sentence , because the acknowledging guilt repentance is obvious, moreover her father actively is seeking the understanding. 之所以判缓刑,是因为认罪悔罪表现明显,而且她的父亲在积极寻求谅解。 Rules, in Han Juan's eyes lost the ray. 判决下来,韩娟的眼中都失去了光芒。 Jingzhou the main person had been sentenced, but the matter has not ended. 京州这边主要的人已经被判了,但是事情还没完。 Zhou resolute and Huo Pengfei's telephone had been hit to explode quickly. 周毅和霍鹏飞的电话已经快被打爆了。 Especially Huo Pengfei, when relation Zhou resolute can only contact with his attorney. 尤其是霍鹏飞,当联系不到周毅的时候只能联系他这个律师了。 However, no matter how the people of these void apologies said that obtained only has a few words, does not accept the mediation. 然而,不管那些虚空道歉的人怎么说,得到的只有一句话,不接受调解。 Therefore, the complaining tearfully videos online appeared. 于是,一个又一个的哭诉视频在网上出现了。 Before the people of these belt/bring rhythms were the insanity are more ordinary. 之前那些带节奏的人更是疯魔一般。 The heat searched to have the topic: The resistance ascends! 热搜上已经有了话题:抵制腾达! You saw, this was resolute, is flaunting the earnest banner, whatever so many people complained tearfully does not have any response, how my surprise he can be cruel enough!” “你们都看到了吧,这就是阿毅,打着较真的旗号,任凭那么多人哭诉都没有任何的反应,我很诧异他怎么能忍心呢!” Just went to college, in the future so will be long, wants to make others be imprisoned? Others had apologized, then apologized sincerely, but how must!” “刚刚上大学啊,未来还那么长,就想让人家坐牢是吧?人家都已经道歉了,那么诚恳的道歉了,还要咋样!” Therefore I urged, everyone resists to ascend, now the support, will become the resolute so-called earnest capital, we do not respond him, how looks at him!” “所以我呼吁,大家抵制腾达,现在你们的支持,都会成为阿毅所谓较真的资本,我们都不搭理他,看他怎么样!” Second comes, everyone good night. Asked the monthly ticket! 第二更来咯,大家晚安啦。求月票! ( This chapter ends) (本章完)
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