Judge of the Song Dynasty

Chapter 6: And be freed from the sins caused

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"Who is here?"

After being mighty... Xu Zun slammed the gavel and asked majestically.

The three of them bowed and introduced themselves.

In the Song Dynasty, there was no need to kneel in court for ordinary cases, but for some criminals involved in the ten heinous crimes, they had to kneel. If Ayun was here, she would not have the right to stand.

Xu Zun asked again: "What grievances have you suffered?"

Zhang Fei cupped his hands and said, "Reporting to the governor, my client, uh, Wei Ada, was murdered a few months ago and nearly lost his life. He is still in shock and his words are unclear, so he entrusted me to appeal on his behalf."

Xu Zun nodded slightly and said, "I am very aware of the murder of Wei Ada, and I sympathize with his experience, so I will allow you to appeal on his behalf. In addition... I understand that Wei Ada is injured, so I will allow him to sit in on the trial to save him from the hard work."

Immediately, a bailiff came forward carrying a chair.

Xu Zun felt a little guilty towards Wei Ada, because he wanted to help Ayun avoid the death penalty, so he gave Wei Ada excellent treatment.

Wei Ada was a simple and honest man. He felt that he did not need to sit in on trial, so he was very nervous when facing the reward from the master. Just when he was about to refuse, Zhang Fei glared back at him. He choked and said "Thank you, Magistrate" a few times, then sat on the chair, but he was also very uncomfortable!

To be honest, it’s better to stand.

Xu Zun asked again: "I wonder what grievances Wei Ada has to appeal?"

Zhang Fei immediately said, "Reporting to the prefect, I am suing Fang Datian on behalf of Wei Ada, which has caused great harm to Wei Ada's body and mind."

Fang Datian felt so wronged when he heard this. He was about to protest his injustice, but the chief clerk Xu Yuan said first, "Regarding this case, the government has already found out that Ayun murdered Wei Ada, and Fang Datian had no prior knowledge of it."

Fang Datian looked at Xu Yuan with tears in his eyes.

He is truly an upright official!

Zhang Fei said: "Not knowing doesn't mean there is no relationship. First of all, Fang Datian used marriage to defraud money..."

Before he finished speaking, Fang Datian immediately cried out, "I am innocent. I sincerely wanted to marry my niece to Wei Ada at that time. I had no intention of deceiving them. Moreover, I returned the betrothal gifts of the Wei family to them long ago."

Xu Zun nodded, and then said to Zhang Fei: "Regarding what Fang Datian said, I have already investigated it before, and he has no intention of defrauding."

Zhang Fei asked Fang Datian, "When you came to propose marriage, you said that your niece is kind, pretty, gentle and virtuous. Is that true?"

Fang Datian said: "Yes, I did say such things, but I didn't lie. If you don't believe me, you can go to the surrounding areas of my village to ask if my Ah Yun is as I said."

He didn't seem stupid either, and immediately added: "I don't know why that kid suddenly killed someone with a knife. If I had known in advance, I would have stopped him."

Zhang Fei said: "This is just your one-sided statement. The fact is that what Ayun did has nothing to do with gentleness and virtue."

Xu Yuan on the side suddenly said: "But Fang Datian didn't lie either. This can't be considered as cheating money through marriage."

Zhang Fei bowed and said, "May I ask Master Xu, if my relative is seriously ill, and a doctor comes to tell me that he has medicine that can cure my relative's illness, but after the patient takes the medicine, he dies, will the doctor be held responsible?"

Xu Yuan hesitated for a moment, then nodded and said, "If he really died from the medicine, then the doctor must be held responsible."

Zhang Fei continued, "But the doctor said that this medicine has cured many people and is well-known far and wide. He didn't mean to harm anyone, so can he get away with it?"

Xu Yuan said: "Even so, he has to take responsibility. But the two cannot be generalized. That is medicine, and this is a person. Medicine needs to be given by a person, but a person can act independently. Now that Ayun has confessed his crime, it can be regarded as justice for Wei Ada."

"Ayun is Ayun, but she cannot represent Fang Datian. Let's take the example of selling medicine just now. If the doctor did not sell the medicine to the patient after receiving the money, this is of course a deception. But at the same time, if the doctor's medicine did not work and even made the patient's condition worse, this is also a deception. I completely believe that Fang Datian sincerely betrothed his niece to Wei Ada. But..."

Zhang Fei changed the subject and said, "It was Fang Datian who took the initiative to come to Wei Ada and told him that his niece was gentle, virtuous, kind and pretty. He induced Wei Ada to use his ancestral land in exchange for this marriage. This was not a good thing and it involved interests. But the facts are indeed the opposite. His niece is definitely not a good person. This directly led to Wei Ada's physical and mental torture, which constituted the crime of defrauding money through marriage."

Delivering goods that are not what they claim to be is also a form of deception.

Xu Yuan said: "If there really was a misunderstanding between Fang Datian and Wei Ada, then the government will consider it as appropriate, but you are suing Fang Datian for wounding someone."

Zhang Fei asked, "May I ask Master Xu, if Fang Datian had not deceived Wei Ada, would Wei Ada have suffered such harm?"

Xu Yuan shook his head.

Zhang Fei said: "In other words, Wei Ada was chopped and injured because of Fang Datian's deception, but since it was an unintentional mistake and he has been actively cooperating with the government investigation, he should be exempted from the crime of fraud and be held accountable for the crime of wounding."

Xu Zun's eyes lit up, but he held back his laughter and remained silent.

Applying this law here is at least much more reasonable than using it on Ayun!

Speaking of the crime for which he was pardoned, Xu Yuan was even more indignant and immediately retorted: "I just said that the government would consider the case, but I did not say that he had been convicted of fraud. After all, Fang Datian betrothed his niece to Wei Ada, which was also what the elders did. Moreover, according to what I have learned, many parents and matchmakers are suspected of exaggerating when they are matchmaking. If this is used to convict him, I am afraid that many people will come here to complain."

He was also experienced, and he understood at this time that although Zhang Fei was sued for the crime of assault, the key was whether it constituted the crime of fraud.

If it does not constitute the crime of fraud, then it is impossible to cite the crime of exemption, and naturally there is no question of the crime of injuring people.

Being gentle, virtuous, pretty and kind, even if it is not true, whether it can constitute the crime of fraud is debatable. On this point, Xu Yuan can cite a large number of examples to prove that this cannot constitute the crime of fraud.

Because all matchmakers say this, it can almost be listed as a catchphrase, and even the laws of later generations find it difficult to make a judgment based on it.

Zhang Fei said calmly, "Master Xu is wrong. Fraud is common among people. Otherwise, it would be difficult to succeed. Why does everyone say this, but nothing like this happens? It's all because Fang Datian is too greedy and too eager to get the Wei family's land. He didn't care about Ayun's feelings and didn't tell Wei Ada about Ayun's thoughts, which led to such a tragedy. Although he didn't mean to harm anyone, he did mean to take money. His intention was not to help others, but to gain benefits out of greed. He used lies to gain benefits, which is enough to constitute the crime of fraud.

In addition, as far as I know, Ayun was in mourning for her mother at the time. According to the laws of our dynasty, she was not allowed to get married at this time. Moreover, this law is related to human ethics, so everyone knows it. However, Fang Datian knew the law and broke it, and still insisted on marrying Ayun to Wei Ada. From the perspective of the law, this marriage cannot be counted. Using a marriage that cannot be recognized by the law to ask for ten acres of land from the other party is enough to conclude that this is a fraud. "

Xu Yuan frowned when he heard this and couldn't help but look at Xu Zun.

Xu Zun seemed to expect him to look at him and gave him an innocent look.

This has nothing to do with me.

I really underestimated this man. Xu Yuan suddenly looked very frustrated.

If anyone wanted Fang Datian to be punished just because of those few words of praise, he would never allow it.

But if the basis for the punishment is that one cannot get married due to mourning, then he would be in a dilemma.

It's not that the law stipulates this, because people have their own customs. Among ordinary people, it just means that weddings are not allowed during the mourning period, not that betrothal payments cannot be made.

What Fang Datian did cannot be said to be against etiquette and law.

But the key point is that Xu Zun has used this method to refute the Dali Temple's verdict, and the Dali Temple has also withdrawn the crime of treason and does not recognize their marital relationship. If he wants to be serious about it, can the Dali Temple let them go

This will even affect Xu Zun's career.

This is such a double standard.

Although Xu Yuan was not convinced, he could only nod and say, "The law does stipulate this."

He didn't dare argue any further.

Fang Datian suddenly panicked. Anyone with a discerning eye knew that Xu Yuan was biased towards him. This was actually what Xu Zun did intentionally to ensure fairness.

But for Zhang Fei, it is not enough to control Xu Yuan, because this is the public sentiment, and he also has to convince the citizens watching at the door to accept this statement.

Zhang Fei suddenly looked around and said in a sonorous and powerful voice: "There is no doubt that Wei Ada is definitely the biggest victim in this case."

The biggest victim

Isn't it the only one

Xu Yuan felt strange when he heard this.

A smile flashed in Xu Zun's eyes, but he said nothing and let Zhang Fei play.

Zhang Fei said, "Moreover, the mental damage caused to Wei Ada by this case far exceeds the physical damage he suffered."

At this point, he looked up to the sky and sighed, saying: "Because of his ugly appearance, Wei Ada was excluded by his playmates since he was a child. When he grew up, he was also despised by others. Now he is over 30 years old, but still unmarried.

But this body and hair are all given by his parents. It is not his fault, but he has to suffer from it. God is really unfair.

Originally, Wei Ada had already determined that he would be lonely all his life. It was Fang Datian who gave him hope, but it was also Fang Datian who pushed him into the abyss.

A woman would rather take the risk and commit murder than marry him. What a huge blow this must have been to him."

Having said this, a cry of grief was heard, and Wei Ada was seen sitting on a chair, holding his head with his hands, his whole body twitching.

This scene moved everyone present!

Many women even covered their faces and sobbed.

Even Xu Yuan couldn't help but lower his eyes and sigh.

That's really hurtful.

Zhang Fei's eyes sparkled with tears. He sighed and said, "I don't know what the situation was like in the Fang family at that time. What is certain now is that Ayun had objected beforehand, and the result also told us the answer. Her objection at that time was not recognized. On the contrary, she had to marry Wei Ada, which led to this tragic case. Then who forced Ayun to marry Wei Ada? It was Fang Datian."

Zhang Fei pointed at Fang Datian and said, "He forced his brother's daughter to be unfilial during his brother's and sister-in-law's funeral just for the ten acres of land in Wei Ada's family. He is unworthy of being a brother, an uncle, and even more unworthy of being a human being. He must be held responsible for this, but since he really didn't mean to hurt anyone, I beg the governor to sentence Fang Datian to compensate Wei Ada for the harm he suffered with fifty acres of land."

Although Fang Datian was better at speaking than Wei Ada, he was also afraid in the court and didn't dare to say anything. Now that he heard that he had to compensate for 50 acres of land, he burst into tears on the spot, "Prefect, please understand. I am innocent! I am innocent! I just meant well and never meant to hurt anyone."

But in the face of his crying, most of the people present treated him coldly.

How abominable!

Xu Zun asked, "Really? Then I want to ask you, why did you betroth Ayun to Wei Ada when Ayun was in mourning?"

Fang Datian argued: "Many people promised marriage and paid betrothal gifts during the period of mourning, but they just didn't hold the ceremony. This is not just what I did!"

Xu Zun said: "But most of them are kind-hearted, or they love and care for the younger generation, not malicious, and not for their own selfish interests. What Zhang San said is right. As an elder, you force your niece to seek benefits for yourself when your brother and sister-in-law are still alive. Your motive is very shameful."

After that, Xu Zun asked Zhang Fei again, "You asked for compensation of fifty mu of land on behalf of Wei Ada. Do you have any explanation?"

Fifty acres of land is definitely not a small amount of money. Even he did not expect that Zhang Fei would ask for so much compensation.

"have!"

Zhang Fei said: "For Wei Ada, he needs compensation now, because this injury has already caused a very bad impact on his future life. Without compensation, it is tantamount to causing him to die slowly. Therefore, he hopes that the law can seek justice for him and compensate for his losses."

As he spoke, he immediately took out a piece of paper and said, "It clearly states the details of the compensation. I don't want a penny more."

Xu Zun winked at Liu Hai.

Liu Hai immediately went down to take the paper and presented it to Xu Zun.

Xu Zun took a look at it and his eyes almost popped out. How could he write in such detail? What a talent!

Little did people know that Zhang Fei used to do this kind of work in the law firm, and this was actually his first time to defend a case in court.

After reading it, he handed it to Xu Yuan.

When Xu Yuan saw it, his expression was exactly the same. He had never seen such a detailed compensation bill in his life.

There is no need to say much about medical expenses.

Then the severed finger caused inconvenience to Wei Ada in his work, and even to his future marriage.

Given Wei Ada's current situation, how much property does he need to have before he has a chance to get married again

Nowadays, there are statistics on how much betrothal gifts a man should give. Zhang Fei just multiplied it by two because disability will also lead to an increase in the betrothal gifts.

Now Xu Yuan also understood why Zhang Fei sued Fang Datian for assault rather than fraud.

In fact, they had been arguing whether Fang Datian's behavior constituted fraud, not injury. The crime of injury was just a crime cited as the cause of the crime.

The reason lies in the issue of compensation.

If it is just a fraud, then the claim amount will definitely not be that much, but if you are asking for compensation for the crime of assault, then you can write a lot.

Xu Yuan had nothing to say.

Seeing that Xu Yuan had no objection, Xu Zun made a ruling on the spot, ordering Fang Datian to compensate Wei Ada with fifty acres of good land. He also angrily rebuked him for violating filial piety and ordered him to go back and reflect.

At the same time, he also accepted Zhang Fei's statement that Fang Datian did not intend to hurt anyone, it was an unintentional mistake, so he was spared punishment.

But Fang Datian, who always loved money, fainted on the spot.

There was a chorus of applause outside the courtyard.

Hearing this, the citizens outside the door all hated Fang Datian, but also felt very sympathetic towards Wei Ada.

It's so pitiful.

"The governor is very perceptive. I, on behalf of Wei Aduo, would like to thank the governor for taking the decision for us."

Zhang Fei bowed.

Xu Zun looked at Zhang Fei meaningfully, and Zhang Fei immediately expressed his gratitude with his eyes.

Xu Zun smiled, then stood up and left.