Party information
Huizhou Huiyang District People's Procuratorate.
Defendant Feng Yong, male, born on,, Han nationality, primary school education, domicile in qianxi county, Guiyang City, Guizhou Province. On June 2, 2009, he was sentenced to five years' imprisonment by Yunyan District People's Court of Guiyang City, Guizhou Province for committing robbery. 20 13 released from prison on June 9th. He was detained in criminal detention on July 9, 20 14, was detained in criminal detention on the same day, and was arrested on August 0 of the same year. He is now being held in Huiyang District Detention Center in Huizhou City.
Trial process
The People's Procuratorate of Huiyang District of Huizhou City accused the defendant Feng Yong of robbery with indictment No.477 (20 14), and filed a public prosecution in our hospital on 2010/21. The court shall form a collegial panel according to law and apply summary procedures. A public hearing was held on 1 1.00 in the same year. The People's Procuratorate of Huiyang District of Huizhou City appointed Prosecutor Damon to appear in court to support the public prosecution, and the defendant Feng Yong attended the lawsuit. The trial is now over.
Request situation
The People's Procuratorate of Huiyang District, Huizhou City accused the defendant Feng Yong of premeditated robbery on July 6, 2004, and looked around for the target of the crime. At about 0: 30 the next morning, the defendant found the victim Zou Moumou holding a mobile phone in his left hand and walking alone with a handbag in his right hand at the intersection of Huajie Street, Danshui Sub-district Office, Huiyang District, and followed him to grab it. When driving to No.91,Lane 7, Danshui Taizi Village, Danshui Sub-district Office, the defendant Feng Yong accelerated to run to the victim Zou Moumou from behind, grabbed the victim Zou Moumou by the shoulder, pushed him to the ground, snatched the victim's handbag and mobile phone and fled the scene. Defendant Feng Yong was captured by passers-by during his escape and handed over to the patrol brigade. After identification, an Apple 4S mobile phone was robbed, with a value of RMB 1446.72 yuan. The evidence to identify the above-mentioned criminal facts includes: victim's statement, defendant's confession, witness's testimony, expert opinion, seizure list, identification transcript, on-site investigation transcript, and capture process. Defendant Feng Yong, for the purpose of illegal possession, forcibly robbed other people's property by means of violence and coercion on the spot, with a large amount. His behavior has violated the provisions of Article 263 of the Criminal Law of People's Republic of China (PRC), and he should be investigated for criminal responsibility for robbery. Defendant Feng Yong is a recidivist. It is suggested that the defendant Feng Yong be sentenced to fixed-term imprisonment of more than four years and less than six years, and fined. Please judge according to law.
Defendant's point of view
Defendant Feng Yong has no objection to the charges and sentencing suggestions in the indictment.
Case facts
It was found through trial that at about 0: 30 am on July 19, 2065438, the defendant Feng Yong saw the victim Zou Moumou (female) walking alone with a mobile phone in her left hand and a handbag in her right hand at the intersection of Huajie Street in Danshui Sub-district Office, and followed her. When going to Lane 7, Taizi Village, Danshui Sub-district Office, the defendant Feng Yong ran from behind the victim Zou Moumou and grabbed the victim Zou Moumou's shoulder with his hand. Zou's clothes were torn and his handbag was thrown to the ground. Grab Zou's mobile phone (Apple, value 1446.72 yuan) and handbag with both hands and flee the scene. During the escape, he was captured by passers-by and handed over to the patrol police. Feng Yong threw away the handbag he robbed on the way to escape, and the pursued man picked it up and returned it to the victim. After solving the case, the stolen mobile phone has been returned to the victim.
After cross-examination by the court, the evidence to prove the above facts includes: the statement of the victim Zou Moumou, the testimony of the witness Zeng Moujun, the record of inspection, the record of detention, the record of on-site investigation, the record of extraction, the decision of detention and the list of detention return, the record of identification, the criminal ruling of the Intermediate People's Court of Buyi and Miao Autonomous Prefecture in southwest Guizhou Province, the release certificate of Haizi Prison in Guizhou Province, the price appraisal opinion and the confession of the defendant Feng Yong.
Court view
We believe that the defendant Feng Yong used violent means to rob other people's property for the purpose of illegal possession, and his behavior has constituted robbery. Feng Yong committed another crime within five years after he was released from prison. He is a recidivist and should be severely punished. Feng Yong confessed his criminal behavior truthfully after being brought to justice, and pleaded guilty in court, which can be given a lighter punishment according to law. The public prosecution accused the defendant of committing a crime, and the evidence was true and sufficient; Sentencing suggestions are appropriate and should be adopted. According to the provisions of Article 263, Article 65 and Paragraph 3 of Article 67 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
Case results
Defendant Feng Yong was convicted of robbery, sentenced to four years and two months in prison and fined RMB 1,000.
(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 reduced to one day of fixed-term imprisonment, that is, from July +09, 2065438 to September +08, 2065438. The fine shall be paid within one month from the effective date of the judgment. )
If you refuse to accept this judgment, you can appeal to Huizhou Intermediate People's Court 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.