Dear presiding judge and judge: According to the relevant provisions of China's Criminal Procedure Law and Lawyers Law, our firm accepted the entrustment of the close relatives of the defendant Gu Moumou in this case, and with the consent of the defendant Gu Moumou himself, appointed lawyer Wang Shuqi as the defender of the defendant Gu Moumou. After the defender took over the case, he went to the public prosecution agency to consult the relevant materials of the case, met with the defendant Gu Moumou in the detention center many times, participated in the trial of the case, and had a further understanding of the facts of the whole case. The following defense opinions are hereby issued: First of all, the defender has no objection to the fact that the indictment accuses the defendant Gu Moumou of opening a casino, but the defender believes that the defendant Gu Moumou has a lighter and mitigated punishment. The reasons are as follows: the defendant Gu Moumou played a minor role in the casino opened by the public prosecution agency in Haining, and was an accessory, so he should be given a lighter, mitigated or exempted punishment according to law. It was found by the court that the main defendants in this section of this crime, Wang Moumou and Hu Moumou, were consistent with the defendant Gu Moumou's statement when answering the defender's question about the casino being jointly opened by three people. In fact, in this section, the casino was opened in Haining to visit the teahouse, which was opened by Cao, and the venue of the casino was provided by Cao, and the staff of the casino were all under the defendant Wang Moumou. At that time, the defendant Wang Moumou was very influential in Haining, Jiaxing Wangdian and other places, and often seized other people's venues (in the second accusation of this case, there were many cases in which the defendant Wang Moumou seized other people's venues). Defendant Wang Moumou asked Defendant Gu Moumou to join the casino, but Defendant Gu Moumou did not dare to disobey. Defendant Gu Moumou joined the casino mainly because he was afraid of the influence of defendant Wang Moumou. According to the confession of defendant Sun Moumou on pages 8-9 of July 30, 2009 and 7-8 of September 7, 2009, Chai Putou, the defendant Gu Moumou, was beaten for fear of offending and agreed to close the shop. The transcript of Sun Moumou also reflected this situation, and the confessions of other defendants also proved the fact that the defendant Gu Moumou was afraid of the defendant Wang Moumou and started to do it. Moreover, in the process of opening a casino, basically Gu Moumou has no power. The staff in the casino are basically appointed by Wang Moumou, and Wang Moumou is also responsible for management and sharing. The defendant Gu Moumou truthfully confessed in the middle of the transcript of the public security stage and the trial of this case. Defendant Hu Moumou is in the police investigation volume 12, 170, defendant Hu Mohong is in the police investigation volume 130, 14 1 page, and defendant Sun Moumou is in the police investigation volume 16, 62-63. In addition to the above-mentioned defendants' truthful statements during the court hearing, the witness testimonies of Xie Moumou, Yang Moumou, Fu Moumou, Chen Moumou, Jin Moumou, Song Moumou, Chu Mou, Jin Moumou, Xu Moumou, Lou Moumou and Sheng Moumou were also confirmed. According to the defendant's confession and witness testimony, during the root-seeking visit to the casino, the card drawing, shuffling, maintaining order and selling in the casino were all controlled by the personnel appointed by Wang Moumou, and the defendant Gu Moumou had no power in the casino. In fact, his existence is dispensable, and whether there is a defendant or not does not affect the opening and operation of the casino. Defenders believe that the defendant Gu Moumou plays a secondary and auxiliary role in the process of opening and operating casinos and should be an accomplice. According to Article 27 of the Criminal Law, an accessory shall be given a lighter or mitigated punishment or be exempted from punishment.
Legal objectivity:
Article 303 of the Criminal Law of People's Republic of China (PRC) * * * Whoever gathers people to gamble or gamble for profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined. Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined. Whoever organizes People's Republic of China (PRC) citizens to participate in gambling outside the country (territory), if the amount is huge or there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph.