Chapter 66: Refusing to Accept the Judgment and Appealing? Wanting to Overturn the First Instance Judgment Is Nothing but Wishful Thinking

After the judgment was delivered.

Wu Qi stood stunned in place, I have been sentenced?

Have I been sent in?
One year of fixed term imprisonment!
Was it not merely that I failed to pay the money?
I already said that I would pay, yet I was still sentenced so severely?

“Presiding Judge, I do not accept the judgment, I already said that I was willing to mediate, I am not withholding wages and salary and I am willing to provide compensation, why was I still sentenced so severely.”

Wu Qi voiced his objection.

On the judicial bench, Yu Zhenyang frowned slightly.

Sentencing Wu Qi to one year of fixed term imprisonment was already considered lenient.

The evidence was conclusive, and there were no objections or disputed points.

According to the provisions of the Criminal Law, the crime of refusing to pay labor remuneration shall be punished by fixed term imprisonment of not more than three years or criminal detention, and where serious consequences are caused, the punishment shall be fixed term imprisonment of not less than three years and not more than seven years.

Wu Qi withheld Wan Henghao’s wages for two years, which could be said to have caused great impact upon Wan Henghao’s life and physical condition and produced very serious consequences.

A sentence of one year was already a relatively light application of punishment.

Yet he still refused to accept it?

On the judicial bench, Yu Zhenyang, who was preparing to stand up, saw Wu Qi’s appearance of a newly wealthy person filled with doubt and spoke seriously:

“The judgment is rendered in accordance with the interpretation of legal provisions and conclusive evidence, and constitutes the exercise of judicial authority.”

“If the respondent has any dissatisfaction or any objections regarding the trial procedures, the submitted evidence, or the legal basis, he may apply to the relevant enforcement authorities for retrial or supervisory review.”

“I will certainly apply for appeal and review!”

Wu Qi was almost overcome with anger, he had already intended to pay the money, yet he was still sentenced to one year of fixed term imprisonment.

Was this reasonable?

He had already intended to pay the money, what more was expected of him?

Seeing Wu Qi in this condition, Yu Zhenyang frowned slightly, an appeal and refusal to accept the judgment?

It seemed necessary to have discussions with his colleagues, in any event merely discussing the case would not constitute any violation.

Yu Zhenyang glanced at Wu Qi without speaking, then looked toward the appellant’s seat and nodded slightly with a smile, after which he left the courtroom.

After the presiding judge left his seat.

Li Xuezhen excitedly jumped slightly, and beneath her suit the Pikachu on her clothing seemed to blink its eyes.

“Lawyer Su, we have won this case!”

“The opposing party has been sentenced to one year of fixed term imprisonment!”

“However, it still feels somewhat too light.”

Li Xuezhen blinked her eyes, her tone carrying a sense of regret.

Cough.

Su Bai cleared his throat awkwardly and explained:

“In domestic cases concerning individuals, the conviction and sentencing standards for the crime of refusing to pay remuneration are somewhat ambiguous.”

“Presiding Judge Yu Zhenyang has always been known for a conservative approach in sentencing.”

“A sentence of one year of fixed term imprisonment is indeed somewhat light.”

“However, with this sentence in this case, there will not be much controversy, and even if the opposing party files a second instance appeal, the judgment will most likely not be altered and will probably be upheld.”

“Oh.”

Li Xuezhen blinked her eyes.

After hearing the judgment, Wan Henghao exhaled deeply: “Thank you, Lawyer Su.”

Then Wan Henghao changed the subject and asked:

“Lawyer Su, I would like to ask, if the opposing party files a second instance appeal, or still refuses to pay me, what should be done?”

Although he had heard that the judgment had been rendered, Wan Henghao still felt somewhat worried.

He feared that Wu Qi would refuse to pay.

Facing Wan Henghao’s concern, Su Bai looked toward the respondent’s seat and revealed a smile showing his teeth:

“This is a court judgment, if he refuses to execute it, you may directly initiate litigation.”

“Article 313 of the Criminal Law provides that the crime of refusing to execute a judgment or ruling shall be punished by fixed term imprisonment of not more than three years, and where the circumstances are serious, by fixed term imprisonment of not less than three years and not more than seven years.”

“With combined punishment for multiple offenses, the sentence may reach more than five years of fixed term imprisonment.”

“Furthermore.”

“With respect to your compensation issue this time, Xie Yu and Dong Qiang, the shareholders of Tianlan Construction Co., Ltd., were also pursued for liability.”

“It does not matter if Wu Qi stubbornly refuses to repay, but with Wu Qi as a precedent, Xie Yu and Dong Qiang will certainly not continue to knowingly violate the law.”

“This money will certainly be delivered into your hands.”

After hearing Su Bai’s explanation, Wan Henghao exhaled deeply and his expression relaxed considerably.

For workers like them, the money they earned was hard earned income, and after being withheld for such a long time, if it could not be recovered the harm to the family would be too great.

More than three hundred thousand yuan.

He had almost exchanged his life for it.

“Lawyer Su, thank you very much for this matter.”

Wan Henghao bowed deeply, and Su Bai quickly helped him up.

“There is no need to do this, this is my responsibility as your entrusted counsel.”

After Wan Henghao stood up, Su Bai continued to instruct:

“With respect to the court judgment document, the address filled in at that time was the law firm, the judgment document will be delivered to the law firm, at that time you may come to the law firm to collect it.”

“With respect to the impact caused to you by the withholding of wages and the compensation issue, the court will conduct coordination, when you come to collect the judgment document I will inform you how to proceed with the coordination so as to strive for the greatest benefit.”

“Understood, Lawyer Su, this case has caused you great trouble, thank you very much, Lawyer Su.”

Wan Henghao’s face was filled with gratitude.

Facing Wan Henghao’s gratitude, Su Bai responded with a slight smile.

Afterward, he spoke again to Li Xuezhen:

“Very well, this hearing is now concluded, let us leave.”

“Understood, Lawyer Su.”

Li Xuezhen briefly organized the materials and quickly followed Su Bai’s steps, and Wan Henghao walked behind Li Xuezhen as the three of them left the courtroom together.

At the respondent’s seat.

Watching Wan Henghao leave the courtroom, Wu Qi’s eyes were filled with anger:

“This Wan Henghao truly brought me to court, so what if he brought me to court, if he refuses mediation then I will appeal, I will make sure that he cannot obtain the money!”

“Not only will I refuse to repay, Brother Xie and Brother Dong, you should also refuse to repay, I will see what he can do!”

Xie Yu: “?”

Dong Qiang: “?”

Are you treating the two of us as scapegoats?

You refused to repay and now you have been sent in, and you still want us to refuse to repay as well, do you want us to accompany you inside?

Wishful thinking!

Xie Yu and Dong Qiang turned and left without the slightest hesitation.

Wu Qi remained silent for several seconds and then turned to look at Zhang Xiao:

“Lawyer Zhang, if I continue to appeal, what is the probability of winning in the second instance?”

Zhang Xiao shook his head and spoke frankly:

“In your case, the evidence is conclusive and there is already a judgment of first instance, the probability of winning in the second instance is very small.”

“Is it really impossible to win in the second instance?”

“This, I also cannot say with certainty whether it is possible to win, but it can only be said that it is very difficult to win and the probability of success is extremely small.”

After hearing Zhang Xiao’s words, Wu Qi’s face immediately turned pale.

Zhang Xiao looked at Wu Qi without speaking, briefly arranged the litigation materials, and watched as Wu Qi was taken away from the courtroom by the court police.

From this hearing, the opposing party’s counsel was indeed formidable.

The evidence was conclusive.

Wu Qi had been sentenced to one year of fixed term imprisonment for the crime of refusing to pay remuneration, and if he continued to refuse execution.

Zhang Xiao shook his head and did not continue to think further.

Kind advice is difficult to persuade those unwilling to listen.

It was sufficient for him to offer a reminder, as for what followed, it would depend upon the decision of the party himself.