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Criminal defense
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Yu so-and-so was convicted of obstruction of public service and successfully defended

Brief introduction of the case:
Defendant Yu Mou drink in Chongqing city near a bar trouble, his relatives in order to often drink Yu Mou education, called the 110 alarm phone, police Zhang, auxiliary police Chen Mou after the alarm arrived at the scene for processing。
During the defendant more than a knife frame in the neck of the police Zhang, and Zhang's right hand thumb scratched, hinder the police Zhang to perform official duties, Zhang's right hand wound length 1.Above 0CM, the degree of physical injury has been identified as minor injury。
Line of defense:
After accepting the commission of this case, the criminal lawyer had a more comprehensive understanding of the case by reviewing the papers and meeting the defendant, and expressed the following defense opinions on the case。
First, it is doubtful whether the staff of the state organs who send the police are "performing their duties according to law"。According to Article 4 of the Regulations on Video and Audio Recording of Public Security Organs for on-site law enforcement,Public security organs handle police after receiving public alarm or 110 instruction,Video and audio recording of law enforcement on the spot shall be carried out;In accordance with Article 6 of the above provisions,Public security organs shall keep uninterrupted records of the whole process of law enforcement,Brought back criminal suspects from the scene,The record shall be stopped when the criminal suspect is brought into the case handling area of the law enforcement site of the public security organ;
Second, although the defendant held a knife in the neck of the police Zhang, but only the meaning of threat, without the intention of harm。The defence argued that the accused had indeed committed acts of threatening the police and obstructing public service,But there was no intent to harm;The defendant cut the victim's finger,But the above injuries are actually accidental injuries in the process of seizing the knife,Not a slash wound,In the indictment, prosecutors have identified the victim's finger injury as a scratch,This is commendable;
Third, the public security police officers did not handle the scene effectively, and there is a certain fault for the occurrence of this case。According to Article 15 of the Law on Penalties for Public Security Administration, "If an intoxicated person, in his drunken state, poses a danger to himself or a threat to the person, property or public safety of others, protective measures shall be taken against him and he shall be restrained until he sobers up."。The police officers in this case knew that the defendant was in a serious drunken state and might set fire to the fire, but they turned a blind eye to the predictable threat and did not take protective measures to restrain the defendant, which is an important reason for the occurrence of this case;
Fourth, the defendant is a first time offender, occasional offender, subjective malignancy is not large, social risk is small, will not harm the society;
5. The defendant truthfully confesses his crimes, voluntarily confesses guilt, and has a good attitude of repentance;
6. From the perspective of the consequences of the crime, the location of the case is located in the defendant's home, the environment is closed and there is no crowd to watch the whole process, and it has not caused adverse social impact。
Lawyer's comment:
Because the crime of interfering with public affairs is a crime of disturbing public order, the sentence is usually more than one year, the public security organs believe that the defendant in this case slashed the police with a knife, which is a heavier punishment, but the parties in this case were eventually sentenced to 7 months, obviously without the help of lawyers。In addition, the defendant's family repeatedly communicated with the victim police Zhang, and sincerely willing to pay compensation, but the victim police clearly refused to issue an understanding, otherwise there is still room for mitigation of the sentence in this case。
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