Liu XX's Criminal Judgment of First Instance
Chongqing Banan District People's Court
Criminal judgment
(2019) Yu 0113 Xing Chu No. 8
The public prosecution organ is Chongqing Banan District People's Procuratorate.
The defendant Gan X (deaf mute), male, born on September 21, 1978 in Changshou District, Chongqing, Han nationality, primary school culture, farmer. He was sentenced to 10 months of fixed-term imprisonment by Chongqing Jiulongpo District People's Court on October 25, 2007, 10 months of fixed-term imprisonment by Chongqing Yongchuan District People's Court on May 4, 2010, and 10 months of fixed-term imprisonment by Chongqing Jiulongpo District People's Court on December 24, 2012 for theft; He was sentenced to one year's imprisonment by the People's Court of Nan'an District, Chongqing on June 12, 2015 for the crime of robbery, and was released after serving his sentence on May 6, 2016. On November 7, 2018, he was detained by Banan District Branch of Chongqing Public Security Bureau on suspicion of robbery, and arrested by the bureau on the same month. Now he is in custody in the detention center of Banan District, Chongqing.
The designated defender is Ning XX, a lawyer of Chongqing Boguan Law Firm.
Xiong XX, a sign language translator, is a Chinese teacher in Banan District Special Education School, Chongqing.
Defendant Liu X (deaf mute), male, born on February 21, 1992 in Changshou District, Chongqing, Han nationality, primary school culture, farmer. On November 8, 2018, he was criminally detained by Banan District Branch of Chongqing Public Security Bureau on suspicion of robbery, and he was released on bail on the 29th of the same month.
The designated defender is Chen X, a lawyer of Chongqing Boguan Law Firm.
Xiong XX, a sign language translator, is a Chinese teacher in Banan District Special Education School, Chongqing.
The People's Procuratorate of Banan District, Chongqing, charged the defendants Gan X and Liu X with robbery with the indictment of YBJYJB XJ [2018] No. 146, and filed a public prosecution to this court on January 2, 2019. The Court converted to ordinary procedure according to law, formed a collegial panel, and heard the case in public on January 17, 2019. The Chongqing Banan District People's Procuratorate appointed Huo XX as the procurator to support the public prosecution, and the defendant Gan X and his designated defender Ning XX, the defendant Liu X and his designated defender Chen X, and the translator Xiong XX of the case attended the court proceedings. The trial has now been concluded.
The People's Procuratorate of Banan District, Chongqing charged that at about 19:00 on April 15, 2015, the defendants Gan X and Liu X conspired to find passers-by in the XX area of Yudong Street, Banan District, Chongqing to rob them. At about 20:00 on the same day, the two men were in front of the new XX gate in Yudong Street, and Liu X was responsible for keeping watch and covering up. Gan X took advantage of the walking victim Yin X's unpreparedness, grabbed a silver gray Apple 6plus mobile phone worth 5500 yuan from Yin X's left hand, and the proceeds from the sale of stolen goods were used for daily expenses.
On November 7, 2018, the defendant Gan X was captured by the police in XX, Changshou District, Chongqing. The next day, the defendant Liu X was captured by the police in Xinhua XX, Tushan Town, Nan'an District, Chongqing. Both defendants truthfully stated the above facts after arriving at the case.
In view of the above facts, the public prosecution organ has produced corresponding evidence, believing that the acts of the defendants Gan X and Liu X constitute the crime of robbery, and Gan X is a recidivist. In view of the two defendants' confession of guilt and punishment, Gan X, the defendant, was sentenced to seven months' imprisonment and a fine of 10000 yuan; In one case, the defendant Liu X was sentenced to six months of detention and fined 9000 yuan.
The defendant Gan X has no objection to the facts and charges charged by the public prosecution authority, arguing that he was invited by the defendant Liu X to request the court to give him a lighter punishment.
Gan X's defender proposed that Gan X was a deaf mute crime and could be given a lighter or mitigated punishment according to law; Gan X, instigated by Liu X, is an accessory and should be given a lighter, mitigated or exempted punishment; Gan X truthfully confesses his criminal facts, has a good attitude of confession, and can be given a lighter punishment as appropriate.
The defendant Liu X has no objection to the facts and charges charged by the public prosecution authority, arguing that Gan X was not invited and asking the court for a lighter punishment.
The defender of Liu X proposed that Liu X was a deaf mute who committed a crime, and some people argued that he should be given a mitigated punishment according to law; Liu X plays a secondary role in the crime, is an accessory, and should be given a lighter, mitigated or exempted punishment according to law; Liu X has a good attitude of pleading guilty and shows repentance, so he will be given a lighter punishment.
It was found through trial that at about 19:00 on April 15, 2015, the defendants Gan X and Liu X conspired to find passers-by in XX area of Yudong Street, Banan District, Chongqing to rob them. At about 20:00 on the same day, the two men were in front of the new XX gate in Yudong Street, and Liu X was responsible for watching the wind and covering up. Gan X took advantage of Yin X, the walking victim, to snatch a silver gray Apple 6plus mobile phone that Yin X held in his left hand. The proceeds from the sale of stolen goods were used for daily expenses. On November 14, 2018, the price authentication center in Banan District, Chongqing identified that the value of the above-mentioned stolen mobile phones was 5500 yuan.
On November 7, 2018, the defendant Gan X was captured by the police in XX, Changshou District, Chongqing. The next day, the defendant Liu X was captured by the police in Xinhua XX, Tushan Town, Nan'an District, Chongqing. Both defendants truthfully confessed the above facts and voluntarily pleaded guilty and pleaded guilty. In addition, the defendant Liu X paid full compensation to the victim Yin X on January 25, 2019.
As for the above facts, the defendants Gan X and Liu X had no objection during the trial, and had such documentary evidence as the case acceptance registration form, the case filing decision, the course of the case, the receipt of mobile phone purchase, the Conclusion of Price Determination, criminal record materials, household registration information, description of the situation, receipt, etc; Statement of the victim Yin X; The confession and defense of the defendants Gan X and Liu X; Identify the transcripts and identify the on-site transcripts; The on-site monitoring video screenshots and other evidence are sufficient to confirm.
The Court believes that the defendants Gan X and Liu X, with the purpose of illegal possession, colluded with each other to seize others' property worth 5500 yuan, which was a large amount, and their acts constituted the crime of robbery, which should be punished. The fact that the public prosecution organ charged the defendants Gan X and Liu X with the crime of robbery and their convictions. The defendant Gan X was sentenced to fixed-term imprisonment for intentional crime, and committed another crime that should be sentenced to fixed-term imprisonment or more within five years after the completion of the sentence, which is a recidivist and should be severely punished according to law; The defendant Gan X has multiple criminal records and will be given a heavier punishment as appropriate. The defendants Gan X and Liu X committed crimes by deaf mutes and could be given a lighter punishment; After the defendants Gan X and Liu X arrived at the case, they truthfully confessed their crimes and voluntarily admitted their guilt and punishment, which can be given a lighter punishment. Defenders of the defendants Gan X and Liu X proposed that the two defendants were deaf mutes who had committed a crime, and were able to plead guilty and admit punishment, showing repentance. The defense opinion of a proposal for a lighter punishment was consistent with the facts found out by the Court, which was accepted by the Court. As the two defendants invited each other, they divided their work in the process of seizing, and could not distinguish the relationship between the principal and subordinate, so the court did not accept the determination of accomplices proposed by the two defendants. The defendant Liu X actively compensated for the loss of the victim, paid a fine, pleaded guilty and repented, and could apply probation according to law. Accordingly, Gan X, the defendant, is subject to the provisions of Paragraph 1 of Article 267, Paragraph 1 of Article 25, Paragraph 1 of Article 65, Article 19, Paragraph 3 of Article 67, Article 47, Article 52, Article 53 of the Criminal Law of the People's Republic of China, and Article 15 of the Criminal Procedure Law of the People's Republic of China; In accordance with the provisions of the first paragraph of Article 267, the first paragraph of Article 25, Article 19, the third paragraph of Article 67, Article 42, Article 52, the first and third paragraphs of Article 72, the first and third paragraphs of Article 73, and Article 15 of the Criminal Procedure Law of the People's Republic of China, The judgment is as follows:
1、 The defendant Gan X committed the crime of robbery and was sentenced to seven months' imprisonment and a fine of 10000 yuan (the fine shall be paid within 30 days from the effective date of this judgment).
(The term of imprisonment shall be calculated from the date of execution of the judgment; if the person is detained before the execution of the judgment, one day of detention shall be converted into one day of the term of imprisonment, that is, from November 7, 2018 to June 6, 2019).
2、 The defendant Liu X committed the crime of robbery, was sentenced to five months of detention, suspended for six months, and fined 8000 yuan (the fine has been paid).
(The probation period for suspension of sentence shall be calculated from the date when the judgment is determined).
If you do not accept this judgment, you can appeal to the Chongqing Fifth Intermediate People's Court through this court or directly within ten days from the second day of receiving the judgment. For a written appeal, one original and one copy of the appeal petition shall be submitted.
Chief Judge Song Yaling
People's juror Zhang Renhua
People's juror Xu Jing
February 19, 2019
Clerk Xiong XX
