Changchun City Yang Kaixin's innocence appeal in the mafia-related case supplemented the appeal

08-30 12:24

Thanks to the honest conscience judge of the Provincial Higher People's Court, under the premise of the law, The complainant Yang Kaixin was granted the right and right to view the first-instance trial file of the Qikai District Court (the court had tried to excuse the complainant from consulting the case file, and the high court was still not allowed to view the criminal investigation file and the pre-trial file after coordination). Through repeated review of the first-instance trial file of this case, there is more defense support for Yang Kaixin's innocent appeal. The collegial panel judge in charge of the case of the Provincial High Court is requested to support it in accordance with law.

I. Regarding whether this case has the four characteristic claims of black-related crime provided for in the Criminal Law:

1. The Auto Development Public Prosecutor cannot come up with the exact time of the establishment of Jinxin Company, and can only use "In December 2016, Yang Kaixin and Jin Weichen negotiated the establishment of Jinxin Limited Consulting Company (is there any negotiation plot, how is it negotiated?). Whether there is a letter of agreement and other physical evidence) inferred that the existence time was determined by the public prosecution organs to be March 2018 (the actual situation is that as of September 29, 2017, the company has no business dealings), there is no landmark start and end time and event as far as "black-related", Jin Weichen set up the company to make a profit from lending (the amount is mostly 10,000 yuan right), and was not established for the purpose of crime.

Pages 5 to 9 of Volume 6 of the First Instance File know that the first loan was made on December 21, 2016, and the last loan was on September 29, 2017, and there will be no business after that. In actual operation for more than 9 months, survival has become a problem, and it is too fast to be presumed by the public prosecutor and the court to determine that "black-related" is too fast, and the relevant provisions of the judicial interpretation are clearer to judges than anyone.

2. The company does have several illegal acts caused by the arrears of individual borrowers in the loan collection business, but it is not a company that takes the implementation of illegal and criminal activities as the main activity, and the occasional few illegal activities are not the main activities relative to its lending profits, let alone the main means for the company to survive and develop.

3. The relationship between the company's migrant workers is not a joint criminal relationship, but a general normal social relationship such as a relationship between relatives and friends, an employment relationship, and a relationship of interests, and under the maintenance of this relationship, there is no accomplice relationship between the members of the company to carry out illegal and criminal activities. Hitting people, cursing people, and molesting people when collecting debts are all personal acts. In this regard, Zhang Kai and Yin Bin have expressed their opposition. After Yang Kaixin knew, he stopped Jin Weichen from breaking the law, subjectively there was no criminal intention, listening or not listening was someone else's business, and his own behavior was responsible for himself.

First Instance File, Vol. 3, p. 102, Each time I go, I don't bring some illegal crime tools

Quilt (Shan Baofeng): Not with

examine? There is no in the car

(Shan Baofeng): Yao Di had a pair of handcuffs on his car, which he had not used

examine? The company has no other tools to commit crimes

It was (Shan Baofeng); all bought temporarily, and there was an electric bat, a slingshot, a hydraulic slingshot, and a baseball bat, and the gun was someone else's, and we took it, but we didn't use it

On page 97 of volume 3 of the first instance file, Shan Baofeng argued: In the process of clearing arrears, it is stipulated whether everyone should clear their arrears or temporarily transfer them

(Shan Baofeng): Temporary draw

Shan Baofeng debate: Who assigned you to go

(Shan Baofeng): Jin Weichen

Shan Baofeng: In the process of clearing your debts, Jin Weichen sent you to have no responsible person

(Shan Baofeng): There is no responsibility, who feels that it is not good to call directly, because there is really no way to decide

In this case, there are 2 black bosses, Yang Kaixin owes credit card money, the property confiscated by the court is only 0.83 yuan, and there is no house and no car.

On pages 83 to 88 of the first instance case file, volume 6, the police asked Lu Haibo to prove that Jin Weichen was so poor that he mortgaged his Audi Cheji A97V.39 and could not repay the debt, and the other party sold the car and had no house. The company was so poor that it had to persuade the migrant workers (Li Long, Zhang Kai, Yao Di, Sun Zhen). Yang Kaixin was just a small policeman who worked for three years, relying on his parents to support him, and in order to help Jin Weichen borrow money everywhere (he needed to pay back interest), the borrowed money flowed into the hands of the borrower, or he came back.

First Instance File, Volume 3, p. 74, Trial? What the money does

(Jin Weichen): As a fund, it is borrowed from customers, and some of it is to pay the company's employees, and some of it is a normal daily expense, eating, and refueling.

examine? Have you been squandered by you personally and Yang Kaixin？

(Kim Wai-chan): No

examine? In the process of violent debt collection, you have not used it, or you have prepared some illegal and prohibited criminal tools

Quilt (Kim Wai-chan): Prepared a slingshot, a baseball bat, nothing else, and a gun in the client's house. No knives.

examine? Who prepared these

Was (Jin Weichen): I bought the baseball bat, the gun was taken from the customer's home, the slingshot was bought online, I don't know who bought it.

4. A distinction should be made between "gang rules and disciplines" and "labor rewards". Encouraging hired workers to dora business, keeping the telephone WeChat open, etc. are typical work discipline and reward and punishment requirements, and from the first-instance and second-instance trial files, we do not see what the so-called "help rules" of the organization are.

From the third volume of the first instance file, it can be seen that the company rules and regulations written by Zhang Kai and Li Long are similar to the rules and regulations of similar companies.

First Instance File, Volume 3, Page 35, Qin Yu: Does your company have rules and regulations, reward and punishment systems?

(Yang Kaixin): I don't know

Qin Yu: Who knows

(Yang Kaixin): Jin Weichen

Qin Yu: If you post it in your company, it is considered to be there

(Yang Kaixin): If it is posted, it is

On page 54 of the third volume of the first instance case file, Qin Yu: Have you ever been in or out of the unit where Yang Kaixin works, and you have checked the information using the public security information network

(Kim Wai-sung): I've been there, I've been there a few times and forgot. I remember I looked it up too.

Qin Yu; Does your company have rules and regulations, and who makes them?

(Jin Weichen): There are rules and regulations, which were formulated by Li Long and Zhang Kai.

Qin Yu: Tell me about the main members of the clearing squad

(Jin Weichen): I, Ren Chao, Shan Baofeng, Li Yajun, Zhang Kai, Yao Di

Qin Yu: Is there a Wang Changsheng?

Jin Weichen defense: whether Yang Kaixin knows the rules and regulations

(Jin Weichen): Seems to know

Jin Weichen debated: Did you consult with Yang Kaixin?

Jin Weichen: This system was studied by Li Long and Zhang Kai at that time, and it should have been discussed after that, as if it had been said

First Instance File Volume 4, Page 37, Pre-Trial Volume III, Page 137 Jin Weichen's Confession: "The legal person is me, and the supervisor is Li Long."

On page 135 of the first instance file, volume 3, Jin Weichen argued: Yang Kaixin and Jin Weichen who said it

(Li Long): The company is all spoken by Jin Weichen, and all are spoken by Jin Weichen

5. The requirements of the company's lending terms are voluntarily approved by the parties concerned, not obtained through illegal and criminal activities in an organized manner, and it can be seen from the 43 borrowers identified by the public prosecution, of which 10 are questioned in the record. The salaries and rewards that the company pays to temporary employees are not in support of the company's illegal and criminal activities.

Pages 40 to 57 and pages 83 to 123 of volume 6 of the first instance case file can be seen that the Qikai Public Security inquired about the lenders: Sun Xinlong, Wang Ting, Shen Yijie, Gao Zaixue, Zhou Yi, Dong Qiyuan, Qiao Zhiguo, and Liang Dongxu. The borrower Song Dayong was very disgusted by the public security inquiry about the loan, saying that this is personal privacy, all adults, both sides are voluntary, not stupid, the bank interest rate is low, can you get the money urgently? However, there are also some loans with fake qualifications (such as Wang Ting), malicious non-repayment, telephone home addresses are fake, and people cannot find them. Except for Yu Zhiqiang, Sun Zhuang, Bai Songhe, Dai Zhihong, Li Jiating, Guo Xiaoyong, Jiang Jizhu, Han Xu, Hu Yuhan, Liu Chuang, the others could not even find the public security.

On pages 11 to 13 of volume 6 of the first instance case file, the Dongfeng Avenue police station investigated the borrower (Yang Kaixin's 142 people): the victim Zhang Min's loan had been repaid. Who pays back the debt! The borrower Liu Chuang (with a record) paid a total of 180,000 yuan, has returned 40,000 interest, and still owes 180,000 to the company. The borrower, Wang Ting, said that the loan plus interest (60,000) had been returned. Borrowers Zhan Ye, Sui Guoqiang, Han Juan, Zhang Shurui, Sun Xinlong, Jiang Tao, and Song Dayong were all disgusted by the police for meddling in economic disputes. The other 32 people could not even be contacted by the police, and the company was even more rutted.

6, the company's individual behavior, is not organized, not to expand the company's illegal influence. Yang Kaixin neither planned, participated, nor endorsed or acquiesced in the illegal acts of individuals in the company.

First Instance File Volume 3, pages 62 and 63, Qin Yu: Do you use the company's money to play "Fast Three"?

(Jin Weichen): No, playing with us is playing by ourselves.

Jin Weichen argued that Yang Kaixin had not actually participated in the company's illegal and criminal activities

Jin Weichen: Is there anything else?

(Jin Weichen): No, I can't remember

First Instance File, Vol. 3, p. 140, Among the crimes you are involved in, Jin Weichen and Yang Kaixin are substantively involved?

(Yao Di): Yang Kaixin did not actually participate

7. The evidence of the public prosecution's accusation against the company's "harmful characteristics" is mixed with a lot of evaluative verbal evidence, and the evaluative content of these verbal evidence is not objective and fair, and does not have the corresponding factual and evidentiary support. On pages 3 to 4 of the third volume of the first-instance trial file, the mafia-type organization organized and led by defendants Yang Kaixin and Jin Weichen, and relying on the protection and influence of yang Kaixin of the people's police and Yao Di as state functionaries, illegally used the public security information platform to dominate one side through organized, cruel, and unscrupulous illegal and criminal activities. Although the organization lasted for less than two years, it was already very famous in Changchun Dianshi Square, which has a number of microfinance companies, and even in the microfinance companies in Changchun City, and even in the small loan companies in Dianshi Square, it has formed a "1205" (Jinxin Company) that does not take over the work, and no one dares to take the "consensus."

II. Regarding the illegality of trial procedures

In such a large "mafia-related" case, the court of first instance did not hear it in public, had no observers, and did not have victims, witnesses, or defenders appear in court to cross-examine the evidence, and the trial was completed in one day. The key witnesses were co-defendants (Sun Zhen, Tian Yu, Ma Chang). The Public Prosecutor's Office, the Procuratorate, and the Law jointly exonerated Sun Zhen, and Sun Zhen was acquitted under the name of Zhang Zhen after 37 days of detention.

1. Such a large case created by the public security and procuratorate of the automobile opening public security and the procuratorate should start the trial procedure of the major case, but the automobile opening court used the summary procedure to try it. Only the prosecution "presents evidence" and does not allow the defender to cross-examine or defend the evidence.

2. Li Zhongxiu, the presiding judge of the case at the Qikai Court, committed favoritism and fraud when trying the case, helping the public prosecutor to exonerate sun Zhen, a co-defendant; on the grounds that Sun Xue, a minor daughter who borrowed money from Li Yancheng's company, and her friend Young Queen Han (who had an sexually transmitted disease could not sell adultery, and could not borrow money without an ID card), claimed that the gang was extremely heinous and all the crimes were judged online; privately he also threatened that "I am the law, and whoever wants to be sentenced will be sentenced, saying that whoever is guilty is guilty", "To give the parents of the parties who will not come to the matter to see if they have a color, if the lawyer defends the black year trial, there will be trouble." When reporting the case to the collegial panel and the adjudication committee, he concealed the fact that Yang Kaixin borrowed money from the company on August 13, 2017, and jointly exonerated Li Yancheng and Zhou Kuijiu (brother Nine) of the Bao dike Hotel from lending money to the minor daughters Sun Xue and Yang Yue.

Through consulting the first-instance trial files of this case (a total of 8 volumes), it was felt that the qualitative errors and the signs of illegal trial procedures in this case were obvious, and the criminals such as Sun Zhen (Xiao Jiu), the head of the loan company Zhou Kuijiu (jiu brother), Li Yancheng, and a certain manager of Wang Zibo's bath (Bai Hongtao confessed, the manager before Shi Qiang contracted). Key witnesses are illegitimate. Concealing the identity of Yang Kaixin's borrower and the fact that he borrowed money at Jinxin Investment Company on August 13, 2017.

On pages 5 to 9 of Volume 6 of the first instance case file, the Public Security Bureau of Qikai District recorded in the supplementary investigation recommendation letter on January 15, 2019 that Yang Kaixin borrowed 22,000 yuan (should be 19,500 yuan) at Jinxin Company on January 10, 2017, and maliciously concealed the loan of 22,000 yuan on August 13, 2017. Two loan records were handed over to Judge Liu Yanan.

Judging from the files obtained, the truth of this case is that four groups of people (Jin Weichen Company, Bath, kTV, and Bai Hongtao, a salesman of several companies) have been put together, and some people of Jin Weichen Company and the victims Zhang Min, Sun Xiusheng, Li Dongyan, Li Jiating, and Wang Yang have committed illegal acts due to loan disputes. Wang Zibo bathed, Mu Shuxia kTV. allowed Zhang Min, Yang Yue, Sun Xue, and Wang Han to engage in prostitution (there is no specific situation of the prostitute in the file, what is sold, who persecutes whom has an improper relationship with whom, and the transaction price is not reflected). Zhang Min alone cannot regard the four gangs as a big gang. Yang Kaixin and Jin Weichen did not know each other with Wang Zibo and Mu Shuxia, and Zhang Min went to bathe through Bai Hongtao. Bai Hongtao is a staff member of Wall Street KTV, who does not belong to JinWeichen Company, helping many small loan companies introduce customers and introduce achievements to get benefit fees. He introduced Zhang Min to Sun Zhen (an employee of Jin Weichen Company) and then to Jinxin Company to borrow money, introduced Sun Xue to Li Yancheng Company to borrow money, and introduced Yang Yue to Zhou Meijiu (Ninth Brother) Company to borrow money. Wang Han's conditions for borrowing money were not enough. In order to "create black", Yang Kaixin was forcefully related to Bai Hongtao.

First Instance File, Volume 3, Page 43, Prince Bo Debate: Do you know Prince Bo?

(Yang Kaixin): I don't know

First Instance File, Volume 3, Page 72, Prince Bo Debate: Do you know Prince Bo?

(Kim Wai-chan): I don't know

First Instance File, Vol. 3, pages 75 and 76, Ren: Is there only one person involved in forced prostitution in your company or related to you, and are the other Yang Yue and others related to you?

(Jin Weichen): I don't know

Ren: Do you know Mu Shuxia?

First Instance File Volume 3, pages 88, 89, 91, Ren: Of these girls, only Zhang Min is related to Jin Weichen's company, and the others are other small loan companies that you are looking for

(Bai Hongtao): Yes

Ren: How are these prostitution money distributed?

(Bai Hongtao): ... Yang Yue's direct transfer to the ninth brother (Bao Dike Hotel Zhou Kuijiu)... Yang Yue's is Wang Zibo or Mu Shuxia directly transferred to The Ninth Brother (Bao Dike Hotel Zhou Kuijiu), Zhang Min's money was transferred from Shi Qiang to Shan Baofeng, and Sun Xue was transferred by herself to the company (Bao Di ke Hotel Li Yancheng).

examine? Did you have any specific work before the crime

(Bai Hongtao): Has been working at Wall Street kTV

examine? What time to start

(Bai Hongtao): Since the opening of Wall Street KTv in June and July 2017, it has always been a temporary position. Didn't officially go to work.

Third, on the issue of forcing Zhang Min into prostitution

First Instance Case File, Vol. 3, p. 49, Presiding Judge: You may state to the court the course of the facts.

(Kim Wai-chan): The indictment is all about facts, but some of the details are not accurate. I forgot who said it at the time, it seems to be Ren Chao, someone did tell me that this matter is not good, someone said this, but it was a little late when I said it, it has already begun, I did not take it seriously. The first time Yang Kaixin called me during the first indecent assault, it seemed that Zhang Kai asked him to call me, but at that time it had already begun, I said that it had already begun, just like this, probably this is the plot, they stopped me, I hope their sentencing can be lighter. The second time Yin Bin was also present at the time, when he was in the outhouse, he told me, Yin Bin is my brother-in-law, he said brother-in-law, this is not good, because before beating people, but this matter involves privacy, try not to do this, but then it has also begun, I said start, just like this, leave it alone. Send Zhang Min to prostitution, at that time Yang Kaixin they were all outhouse, I and Yang Kaixin are not discussed, after sending away we went to dinner, after dinner Yang Kaixin knew that we did beat her before, sent her to the bath prostitution, but I did not talk to him in detail, only to say at dinner, at that time has been sent to the bath, I did not talk to him in detail, I thought he understood, not to discuss with him, even if it is the acquiescence to this matter.

Qin Yu: Whoever offered to send Zhang Min to Shuiyun was forced into prostitution

(Jin Weichen): Bai Hongtao proposed, Bai Hongtao told me, send the bath, anyway, you were also a lady before this line of work, Bai Hongtao said to me, and then in the room I and Bai Hongtao and Zhang Min three people to study the matter of going to the bath, after discussing it, I said then go directly.

Jin Weichen argued: Who proposed Zhang Min's forced prostitution at that time

(Jin Weichen): First Zhang Min said to find a place for her to work, and then Bai Hongtao said that there was a bath, which just sent her over

Yang Kaixin defense: You just said that you told Yang Kaixin that Zhang Min was sent away during dinner, how did you tell Yang Kaixin

(Jin Weichen): During the meal, I said that I sent it away, and at that time I also saw that it was sent away, I said that the water clouds were sent, he knew that he had sent them away, but he didn't know where to send them, and when I ate, I told him to send them to the water clouds.

First Instance File Volume 3, Page 36, Qin Yu: The prosecutor will present this evidence at the stage of presenting evidence. With regard to the illegal detention and forced indecency, you have just stated your attitude and facts to the court. At issue is the forced prostitution section, who initiated it

(Yang Kaixin): I didn't know at the time, I didn't mention it to me at that time, I only knew that he brought Zhang Min back and forcibly molested Zhang Min. But no one told me that night that I was going to send Zhang Min to the bath and prostitute herself to pay off the debt.

Qin Yu: Who sent Zhang Min away?

(Yang Kaixin): At that time, I remember yin bin, Ren Chao, Shan Baofeng, and Bai Hongtao

Qin Yu: Where to send it

The truth is that Yang Kaixin did not participate in sending Zhang Min to Shuiyundu to bathe in prostitution, nor did anyone discuss with him about prostitution to repay debts, and afterwards he knew that he was the mastermind and accomplice, so the law enforcement case was inconsistent with the basic principle of the criminal law.

Fourth, about Yang Kaixin bumping into Zhang Min in the company.

On pages 46 and 47 of the first instance case file, Volume 3, Yang Kaixin clearly remembers that from November 10 to 16, 2017, she took Liu Ying to Yunnan, she also took leave with the unit to travel to Yunnan, we had plane tickets, that night Zhang Kai drove from Longjia Airport to pick me up and my colleagues, we were four people going together. My two colleagues got off at home, and I went back to Jishengyuan Company with Zhang Kai and Liu Ying, without Li Yajun.

examine? Let's talk about the forced indecency of the victim Zhang Min, since you came back from Yunnan, who was present at that time

(Yang Kaixin): At that time, there was me, Jin Weichen, I saw that there was Jin Weichen, Shan Baofeng, Ren Chao, Bai Hongtao, Li Yajun in the room at that time, the five of them had a partition inside the Jishengyuan company, they were inside, because I had never seen Zhang Min, I didn't know who Zhang Min was, and Zhang Min was covered by a dress, and the head was covered under Ren Chao's legs, I saw that it was like this, and then I didn't go in, I played with my mobile phone outside.

Wang Jinghui: Where were you after you and Liu Ying arrived at the company?

(Yang Kaixin): Sitting in the outhouse

Wang Jinghui: Who else is in the outhouse?

(Yang Kaixin): I, Liu Ying, Yin Bin, and a little girl I don't know

First Instance File, Volume 3, page 59, Qin Yu: After Bringing Zhang Min back, when did Yang Kaixin and Liu Ying come?

(Jin Weichen): The obscenity is almost over, and the oral sex is almost over when they come in

Qin Yu: Is the glass partition soundproof?

(Kim Wai-chan): I think it's quite soundproof

Qin Yu: Is it transparent?

Quilt (Kim Wai-chan): Transparent, one-layer glass.

Qin Yu: Is there a door?

Quilt (Kim Wai-chan): There is a sliding door

Qin Yu: Usually, it is whether it is closed or closed

(Jin Weichen): Locked up, it must have been locked up when it was molested.

First Instance File Volume 3, pages 173 and 174, Luan Ye: At the end of 2017, Jin Weichen and others illegally detained and forcibly indecently detained Zhang Min in JiShengyuan Company, are you present?

(Liu Ying): I was there, but I didn't know it at the time

Luan Ye: Did you come back with Yang Kaixin?

(Liu Ying): Yes

Luan Ye: Did you have dinner together that night?

Luan Ye: Who was there at the time, with you outside the partition

(Liu Ying): Yang Kaixin and others can't remember clearly. Li Yajun was there, but I don't remember where. On the same day, Jin Weichen, Bai Hongtao, Shan Baofeng, Ren Chao and others were present

Liu: What were you doing with Yang Kaixin before you arrived

(Liu Ying): We both just came back from Lijiang, Yunnan

The real situation is that Yang Kaixin and Liu Ying just got off the plane to go to the company, ready to eat with them, and did not know what the company was doing, nor did they participate in the company's affairs.

5. Witness testimony is unlawful and shall be excluded

Sun Zhen, Tian Yu, and Ma Chang should be counted as co-offenders and should not be witnesses. Other witnesses are referenced to the testimony of relatives of the victims. No conviction can be made.

On pages 43 to 47 of volume 4 of the first-instance trial file, defendant Shan Baofeng's defense lawyer consulted the case file and the court investigation, and pointed out in his defense statement that "the victim Zhang Min's statements in the interrogation records of the investigation organs were inconsistent, the defendant Jin Weichen was inconsistent in the interrogation records of the investigation organs, and the interrogation records of the defendant Ren Chao in the investigation organs were also inconsistent, and the statements and confessions between them could not be verified with each other at all, forming a complete chain of evidence, so they confirmed that the victim Zhang Min's two naked pats and oral sex were false testimony. It cannot be used as a basis for the determination that the victim Zhang Min was photographed naked twice and given oral sex."

On pages 37 to 47 of volume 4 of the first-instance trial file, defendant Shan Baofeng's defense lawyer pointed out in his defense statement that "judging from the interrogation records of the defendants extracted by the above-mentioned investigation organs and recording the defendants' confessions by copying and pasting them, it is difficult to confirm the objective facts of this case and cannot be used as the basis for the conclusion of the case.

The court trial procedure is illegal: the trial is closed to the public, and the number of observers is O.

VI. About the company's employee XiaoJiu (Sun Zhen)

Sun Zhen is an old employee of Jin Weichen Company, the company is open, the longest time to work, Bai Hongtao, Ren Chao, Wang Changsheng, Yao Di, Li Long are all referring to his participation in the file, everyone else is a member of the underworld, why is Sun Zhen not?

First Instance File, Volume 3, p. 87, You provide the borrower to KingWeison, who proposed it, whether you took the initiative to find him or he looked for you

Was (Bai Hongtao): At that time, a salesman in their company named Xiaojiu (Sun Zhen), at that time I did not know Jin Weichen, I first knew Xiaojiu (Sun Zhen), he said you work at the night club, there are girls who want to loan you to introduce to me, if the loan is successful I will give you a commission.

examine? Was it Jin Weichen and Yang Kaixin who gave it to you or Xiao Jiu who gave it to you

(Bai Hongtao): Before Xiaojiu (Sun Zhen) in the company was Jin Weichen to Xiaojiu (Sun Zhen), Xiaojiu (Sun Zhen) to me, and then once Jin Weichen and Yang Kaixin invited me to dinner, I didn't want Xiaojiu (Sun Zhen) to make more money, let me directly introduce customers to him, twice he directly transferred it to me.

First Instance File, Volume 3, p. 104, Qin Yu: Who was present during oral sex

(Ren Chao): Yin Bin, Yin Bin laughing next to him, Jin Weichen, Shan Baofeng, Wang Changsheng, Yao Di, Zhang Kai, Li Long, Zhang Zhen, Sun Zhen, Li Yajun

Qin Yu: Were they all present during the blowjob?

(Ren Chao): In

Qin Yu: In the inner house or the outhouse

(Ren Chao): There are both inside and outside houses

First Instance File, Volume 3, Page 118, Wang Jinghui: Who else has been sitting in the outhouse with you?

(Wang Changsheng): I, Yao Di, Li Long, Zhang Kai, Xiao Jiu (Sun Zhen), Xiao Jiu's daughter-in-law

Pages 130, 131, and 132 of Volume 3 of the First Instance Case File, Wang Jinghui: When you went to find Wang Yang, there were several cars

(Li Long): ... On that day, the company also had Wang Changsheng, Zhang Kai, Sun Zhen, that is, Xiaojiu, because the company was Zhang Kai, me, Yao Di, and Sun Zhen

Wang Jinghui: Illegal detention and forced indecency of Zhang Min. Were you there at the time?

(Li Long): I was going to work, and after they came back, I went to the outhouse, and Yao Di, Zhang Kai, Wang Changsheng, Sun Zhen (Xiao Jiu), and Xiao Jiu's daughter-in-law were also in the outhouse.

On page 147 of the third volume of the first instance case file, Zhang Zhen argued: Shan Baofeng and Ren Chao said that you insulted Li Dongyan, how do you explain it

(Zhang Zhen): There were quite a few people present at that time, including me, Sun Zhen, and several others outside the company's house, they were arguing in the back room, arguing, Sun Zhen and I went out to buy vegetables, I did not enter the back room

First Instance File Volume 3, pages 137 and 138, Luan Ye: Was Zhang Min already in the shop when you arrived?

(Yao Di): Yes

Luan Ye: Where are you in Jishengyuan?

(Yao Di): Outside the partition

Luan Ye: Do you remember who was present at the time?

(Yao Di): Zhang Kai, Li Long, Wang Changsheng, I, Sun Zhen, Sun Zhen's lover.

Seventh, why they all confessed guilt, this is the Public Prosecutor's Law telling them that "you have all committed crimes."

On page 148 of the first instance case file, volume 3, Zhang Zhen argued: You have not pushed Li Jiating

(Zhang Zhen): I didn't push it

Zhang Zhendi: Then why do you say confession, and what do you mean by confession?

(Zhang Zhen): Being present is illegal detention.

Conclusion: In this typical unjust, false and wrongly decided case, the defendant was extorted by torture to confess, the victim was induced to make a statement, and the lawyer coaxed the defendant to confess guilt, (Changchun lawyer was instructed by the Bureau of Justice not to give the defendant a defense of innocence). Bring together four unrelated companies and fight for guilt. The fact is very simple is that the company loan, the borrower can not pay the money by time, the dunning, economic disputes in a few people have done illegal acts, even minor injuries can not be constituted. The prosecutor believes that all members were involved in the violation of the law and committing a crime on page 17 of the first instance file. Sun Zhen does not commit crimes when he goes to work, and others sin when they go to work. That's how it goes black.

According to the Supreme People's Procuratorate and the Supreme People's Court's "same case and same judgment" and "similar case search", the judge was asked to search for the analogy between the "Jilin Sun Brothers Black Unjust Case" and Yang Kaixin's black case.

Complainant

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