Public Prosecution Organ: People's Procuratorate of Xixiu District, Anshun City.
Defendant Zheng, male, was born in Puding County, Guizhou Province in * * *, Han nationality, junior high school education, unemployed, and lives in Puding County, Guizhou Province. 20 15, 16 was sentenced to one year and one month in prison on February 29th, and released on May 29th, 201/6. On February 7th, 20 17, he was sentenced to six months' imprisonment by our hospital and released on February 3rd, 20 18. He was criminally detained on April 6, 20 18 on suspicion of committing theft and was arrested on April 20 of the same year. He is currently detained in Anshun No.2 Detention Center.
Defendant Luo, male, was born in Ziyun Miao Buyi Autonomous County, Guizhou Province in * * *, Miao nationality, junior high school education, unemployed, and lives in Ziyun Miao Buyi Autonomous County, Guizhou Province. He was criminally detained on April 8, 20 18 on suspicion of committing theft, and was arrested on April 20 of the same year. He is currently detained in Anshun No.2 Detention Center.
Defender Zhao Baojiang, lawyer of Guizhou Panzheng Law Firm.
Defender Hou Guangfu, intern lawyer of Guizhou Panzheng Law Firm.
Trial process
The People's Procuratorate of Xixiu District of Anshun City prosecuted the defendants Zheng and Luo for committing theft. Western District Public Prosecution [20 18]45 1, and filed a public prosecution with our hospital on September 18. Our court applied the expedited procedure in accordance with the law, conducted a separate trial and heard the case in public.
Case facts
Through the experiment, it was found that: 1 .20 18 At noon on March 3rd, the defendants Zheng and Luo fled to Lighthouse Road, Gulou Sub-district Office, Pingba District, Anshun City, entered the room rented by the victim Ma 1, stole an oppo mobile phone, and fled the scene after paying RMB 5,000 in cash. Divide the income equally.
2. On March 24th, 2065, at about 2: 00/kloc-0, the defendants Zheng and Luo fled to the victim Jiang's rented house near Nanma Xincun food market in Anshun Development Zone, and stole a gold necklace with a value of RMB 5,472, cigarettes with a value of RMB 154 yuan and cash of RMB 256. The latter two sold the gold necklace for 3050 yuan, and then they shared it equally.
Defendants Zheng and Luo have no objection to the above facts during the trial, and they have the basic information of documentary evidence, the arrival process, the release certificate provided by criminal judgment and the public prosecution agency of our hospital, the statements of the victims Jiang and Ma 1, the statements of the defendants Zheng and Luo, and the price determination conclusion of Xifa Jiazi (20 18) 133.
Court view
The court held that the defendants Zheng and Luo stole other people's property for the purpose of illegal possession, and the amount was large, which constituted theft. The public prosecution agency accused the defendants Zheng and Luo of committing theft, which was confirmed by our court. After the defendant Luo was brought to justice, he truthfully confessed his criminal facts and pleaded guilty in court, which was a confession and could be given a lighter punishment. The defendant Zheng surrendered himself automatically after the case, truthfully confessed his criminal facts and voluntarily pleaded guilty in court. If he turns himself in, he can be given a lighter punishment. Defendant Zheng was sentenced to fixed-term imprisonment for intentional crime, and committed a new crime within five years after the execution of the penalty. He is a recidivist and should be severely punished. According to the provisions of Article 264, Paragraph 1, Paragraph 3, Article 65 and Article 64 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
Case results
1. Defendant Zheng was convicted of theft, sentenced to one year's imprisonment and fined RMB 3,000.
(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention will be reduced to one day of imprisonment. That is, April 6, 20 18 to April 5, 20 19. The fine shall be paid within one month after the judgment takes effect. )
Defendant Luo committed theft and was sentenced to one year's imprisonment and fined RMB 3,000.
(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be counted as one day of imprisonment. That is, April 8, 20 18 to April 7, 20 19. The fine shall be paid within one month after the judgment takes effect. )
3. The defendants Zheng and Luo were ordered to return the stolen money of 5,000 yuan to the victim Ma Minchun; Return the stolen money to the victim Jiang Xing at a discount of RMB5,882.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Anshun City, Guizhou Province through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.
Relevant laws and regulations mentioned.