Entrusted by XXX and appointed by Network Justice Law Firm, this defender defends Deng Yujiao, the only victim and the only defendant in this case. After accepting the entrustment, the lawyer consulted the official media bulletin and studied the relevant legal documents. In order to safeguard the legitimate rights and interests of Deng Yujiao, to safeguard the final dignity of women in China and to safeguard the minimum fairness and justice of the rule of law in China, we hereby make the following acquittal:
1. As far as the nature of this case is concerned, Deng Yujiao's behavior constitutes justifiable defense and does not belong to excessive defense.
The core difference between justifiable defense and excessive defense lies in whether the defensive measures taken are beyond the reasonable scope and whether the behavior leads to unnecessary serious consequences.
The defender believes that Deng Yujiao's behavior is not beyond the scope of legitimate defense.
First of all, analyze the situation of Deng Yujiao!
1. In order to demonstrate this view, it must be clearly pointed out that the concept of "forcing the opposite sex to take a bath" in the indictment is ambiguous and absurd. First of all, the concept of heterosexual bathing is difficult to determine. The defender believes that there are at least three possibilities in this case: first, three men and one woman take a naked bath; Second, one man and one woman bathed naked, and then the other two men continued to keep up; Third, three men and one woman are all dressed up and soaked in water. Yes, this concept is not further described and proved in the indictment, and this defender has never enjoyed or seen such a heterosexual bath, but this defender thinks that the third possibility can be ruled out, because even if three men in this case have such a request, it will never lead Deng Yujiao to draw swords against each other, nor will these men's impatient suitors ask a woman for such services, let alone let one of them take out a large sum of money (it is said that it is 4,000 yuan) to smash this unknown person. Therefore, regarding the actual concept of "opposite-sex bathing", this defender came to a reasonable explanation in the case of insufficient evidence in this case: there are only the first two possibilities, that is, men and women bathe naked together, and the subtle difference is that several men participate at the same time. If the prosecution disagrees with this understanding, please show the court the real scene of "opposite sex bathing" in this leisure place, preferably video materials. Only in this way can we accurately judge Deng Yujiao's situation.
2. Further analyze the scene and consequences of forcing the opposite sex to take a bath. Since it is a man, and it is possible for three men to bathe naked with a woman at the same time or in turn, and it is forced, what is the result? The indictment has not been confirmed or analyzed, and the defender is not at the scene, so it is impossible to directly observe and understand what caused Deng Yujiao to draw his sword to defend himself. However, as an ordinary citizen and a legal person with minimum common sense, this defender can analyze the scene at that time: 1, and the slightest result is that three men are holding a woman, forcing her to take a nude bath is inevitable, during which compulsory indecency occurs; 2. The result of neutrality is that three men used a lot of money and violence to force women to become prostitutes when they were forced to indecency, and from then on, they changed from simple women to prostitutes, completely falling into the end of forced prostitution in the old society, but it must be noted that this process must be the result of women's self-destruction after being destroyed; 3. The worst result is that when three men forcibly molest, they are bestial and rape or even gang rape a woman. The analysis here completely ignores the identity of the parties, because anyone will do such a thing in such a scene, because people who enter such a place and force the opposite sex to take a bath must have such motives and purposes! If any rational citizen doesn't believe this defender's analysis, he can invite his wife and daughter to conduct experiments in such a place. I'm sure that unless his wife and daughter are martial arts experts, they will never be sent to such a scene for experiments, because everyone knows that the first three kinds of analysis may be minimal, and there must be more incredible terrorist situations than these! Only Deng Yujiao has faced such a situation. He is the only victim and the only defendant in this case! This defender strongly appeals that all judicial personnel should at least analyze my client's environment-a weak woman, a weak woman held hostage by three drunken men, and a weak woman who is about to be forced to bathe with three opposite sex-at least conscience and humanity.
3. The defender admits that if all three men are real * * * party member, there may be a situation where Deng Yujiao flatly refuses the shower request of the opposite sex and gives up! But are these three real producers? To be sure, these three men must have the following essence: first, they are outrageous and shameless dignitaries, because they think that as long as they have money and power, they can find any good woman for fun; Secondly, the despicable social scum, because they use three big men to force a weak woman; Thirdly, the corrupt government scum, because they don't do their jobs and use the proceeds of corruption exclusively for pleasure. If the prosecutor denies this defender's analysis, please prove how these three people should spend huge sums of money to force women to bathe the opposite sex! I'm sure the prosecutor has no such evidence, so in the face of such a beast and scum in the party, my client, a weak woman, is bound to face a very likely rape, and the possibility of compulsory indecency is very small, and there is no other possibility! This defender can't accurately analyze the probability of being raped, but this defender believes that a rational judge can analyze the probability that Deng Yujiao was raped by three men in the so-called opposite sex bath, because the public security, procuratorate and court have strong investigation ability, rich experience in handling cases and the most just ability to apply the law!
Secondly, it analyzes whether Deng Yujiao has a more reasonable choice and a more moderate self-defense method.
Based on the above analysis, the defender believes that the inevitable result of Deng Yujiao being forced to take a bath by three men is that she is likely to be raped, or at least forced to molest. Fortunately, such a result has not happened yet, so we can only do probability analysis, but such a scene is enough to cause great physical harm and mental oppression to Deng Yujiao. Does Deng Yujiao have a more reasonable choice?
1. If Deng Yujiao is a martial arts expert, he can easily subdue three perverts, but Deng Yujiao is not a martial arts expert.
If Deng Yujiao is in a safe and protected environment, she can be free by calling for help, but Deng Yujiao must be in the wolf's den. If this leisure place is safe and formal, this defender can be sure that the three officials will never make such a request, and there will be no such rear-end collision and coercion. At least so far, the prosecutor has not provided any evidence to prove that someone could provide any degree of help at that time.
If Deng Yujiao compromises, she can totally sell herself to make money. But Deng Yujiao is a typical China woman and a great China person. She will never give in, never bow!
If Deng Yujiao doesn't compromise, but she doesn't have excellent martial arts, she can only fight back forcefully. She took out a fruit knife and stabbed the man who was going to rape her. The final result is the fourth possibility.
The prosecutor thinks Deng Yujiao doesn't need to kill each other. Does the defender think Deng Yujiao has the ability to fight against three people? Have the ability to subdue three men without a knife? Can Deng Yujiao solve it by only slightly hurting each other? You should know that the other party is three men who are far stronger than yourself, and the other party is three powerful men. More importantly, the other party is three kinds of animals. If you only slightly hurt each other, the inevitable result is not getting out of danger, but being gang-raped or even killed after being seriously injured by three people! What can such an animal do? Do we prosecutors still expect these three people to put down their butcher knives and become buddhas?
Defenders believe that Deng Yujiao, as a weak woman, the only correct choice is to fight back with the greatest strength to shock the other side's arrogance, and she had no time to calmly analyze the angle, intensity and possible consequences of self-defense at that time! Therefore, Deng Yujiao took the best defensive measures, defended herself with a fruit knife, stabbed each other hard, and on this basis, shocked the rest of the wild animals. It is commendable and emphasized that Deng Yujiao is not a person who only cares about his own interests. She has a strong sense of law and extraordinary humanistic care. When she subdued the gangsters, she did not choose to leave the scene to protect herself, but immediately called the police to investigate the scene and rescue the injured gangsters. But Deng Yujiao didn't expect that the police who called for help would take themselves to court!
In a word, any wise woman will take her action in the face of Deng Yujiao's situation. Of course, Deng Yujiao is the most outstanding person. He has fulfilled the legitimate right of self-defense, once again established the indomitable great character of China women, and reiterated to the world that the people of China will not yield to any violence and arrogance! Deng Yujiao's behavior is the most typical self-defense, which should be commended by the party and the state and fully affirmed by the people's court! Instead of being found guilty!
Second, if Deng Yujiao is found guilty, it will definitely lead to the following results:
1, the most direct consequence is to provide a perfect excuse for the pervert who intends to rape, so as to avoid unlimited justifiable defense. If Deng Yujiao is found guilty, whether he is sentenced to fixed-term imprisonment, suspended sentence or even exempted from punishment, it will inevitably lead to the statement that the pervert evaded the law before rape: the purpose of this pervert is not rape, but only to ask you to accompany the opposite sex to take a bath, so you do not have the unlimited defense right stipulated in the third paragraph of Article 20 of the Criminal Law, so if you don't have superhuman martial arts, please accompany me to take a bath. Otherwise, any aggressive justifiable defense behavior will be deemed as excessive defense (intentional homicide or intentional injury) by the people's court. Deng Yujiao is the best example. If you want to learn from Deng Yujiao, you will be sent to a mental hospital for compulsory treatment first, and then convicted and imprisoned by the court!
Can our people's court provide a perfect excuse for a pervert to escape unlimited justifiable defense? No, absolutely not. Otherwise, all the women in China and the wives and daughters of all the men in China will lose the unlimited right of self-defense given by law when facing rape! Criminals can't be given any excuse to hurt women, and the people's courts can't be sinners of the people!
2. It will announce to all women in China and all people in China in the form of national will: compromise to corruption and evil!
Deng Yujiao adheres to the Chinese nation's fine character of "wealth can't be lewd, power can't be bent, poverty can't be moved", bravely responds to Chairman Mao's great call that "people don't attack me, I don't attack, and if people attack me, I will attack", and fights to the death with criminals, but is unanimously recognized as a crime by the people's police, the people's procuratorate and the people's court and becomes a sinner recognized by the state. It means that the country of China has announced to all the people: at the same time, it also shows that our country has bid farewell to the glorious history of China, bid farewell to the China spirit of self-esteem, self-improvement, perseverance and unremitting struggle, and moved towards a Thai-style China that bullies the weak, bullies the men and bullies the women and prostitutes!
3. It will arouse people's great indignation and arouse people's fierce struggle against corruption, violence, pornography, collusion between officials and bandits, and sleeping with cats and mice, because if the people's police, people's procuratorates and people's courts fail to protect women in China, meet the minimum requirements of the people of China for fairness and justice, and protect their inherent right to self-defense, the people will carry forward the spirit of struggle inherent in China's history and launch a magnificent struggle against corruption and evil!
To sum up, if Deng Yujiao is convicted, it will definitely lead to a great retrogression of the rule of law in the history of human development in China, a great retrogression in the history of the development of women's rights and interests in China, where corruption prevails and the country is ruined! But in any case, the people of China are invincible in the end, and they will fight corruption and evil to the end!
Dear presiding judge and judge,
The defender believes that the people's courts are determined and have great achievements, and will surely set up a great monument in the history of rule of law in China, protection of women's rights and interests in China and anti-corruption struggle in China!
The defender believes that the history of the rule of law in China, the history of the protection of women's rights and interests in China and the history of the anti-corruption struggle in China will never be stigmatized because of this case!
Hello, the great Deng Yujiao. Whether you are convicted or not, the people of China will never forget your heroic deeds. You have illuminated the indomitable and tenacious road of the people of China!