Recently, the Ma'anshan Intermediate People's Court made a second instance judgment on a casino case, adopted the protest opinion of the procuratorial organ, rescinded the first instance judgment, and changed the judgment according to law. It is understood that, This case is a case of pleading guilty and accepting punishment. The court of first instance did not adopt the sentencing suggestion of the procuratorial organ. After the procuratorial organ protested according to law, the court of second instance supported and changed the sentence, which is the first case in Ma'anshan City.  

　　 In this case, the defendant, Cao Mou, set up a casino on the Internet with others, and made a profit of 37406.56 yuan from it, with an individual profit of 4200 yuan. Cao took the initiative in the case and truthfully confessed the facts of the crime, with the legal leniency and mitigation of voluntary surrender. After arriving at the case, Mr. Cao voluntarily pleaded guilty and pleaded guilty to punishment under the witness of the lawyer, and signed the written statement. The People's Procuratorate of Huashan District, Ma'anshan City filed a public prosecution to the court. After the trial by the court of first instance, the judgment did not adopt the sentencing recommendation of the procuratorial organ. The People's Procuratorate of Huashan District, Ma'anshan City protested on the grounds of wrong application of law. After examination, the People's Procuratorate of Ma'anshan City considered the reasons for the protest to be correct and appeared in court to support the protest.  

　　 The Ma'anshan Intermediate People's Court, after examination, found that there were no five exceptions in the case of pleading guilty and accepting punishment as stipulated in the Criminal Procedure Law that the sentencing recommendation of the procuratorial organ could not be used. The sentencing recommendation of the procuratorial organ was in line with the law and there was no obvious impropriety. Therefore, the first instance decision of the procuratorial organ not to adopt the sentencing recommendation of the procuratorial organ was a protest opinion that the application of law was wrong and should be adopted, Therefore, the judgment of second instance was made, the protest opinion of the procuratorial organ was adopted, the original judgment was rescinded, and the sentence was changed according to law. The defendant, Cao Mou, was sentenced to one year and ten months' imprisonment and a fine of 10000 yuan.