Public prosecution organ of Shahekou District People's Procuratorate of Dalian.
Defendant Xie Wendong lives in Gan 'an County, Songyuan City, Jilin Province. On August 6, 2007, 16, Dalian reeducation through labor management Committee decided to reeducation through labor for one year and three months for theft; On March 6, 20 12, the people's court of Dalian Economic and Technological Development Zone sentenced him to four months' criminal detention and fined him RMB 1000 yuan. He was released from prison on March 25, 20 12; On March 4th, 20 13, the people's court of Dalian Economic and Technological Development Zone sentenced him to 6 months' imprisonment and fined him 2000 yuan. 20 13 was released on May 6th. At present, he is under criminal detention on1October 24th on suspicion of committing theft. On February 5 of the same year, he was arrested with the approval of the People's Procuratorate of Shahekou District, Dalian, and was executed by the Traffic Security Branch of Dalian Public Security Bureau on the same day. Now detained in Dalian detention center.
Trial process
The People's Procuratorate of Shahekou District of Dalian accused the defendant * * * of committing theft. (20 14) 14, and filed a public prosecution with our court on 20 14 16. On the same day, our hospital filed a case, applied summary procedure according to law, and tried the case alone. The case was heard in public on 2014 65438+124 October. Sun Zhihui, acting procurator of the People's Procuratorate of Shahekou District, Dalian, and the defendant * * * * attended the proceedings. The trial is now over.
Request situation
The public prosecution agency accused the defendant * * * * of stealing the "Lingyun" brand U980 mobile phone 1 unit in the jacket pocket of the victim Niu Moumou at the entrance of the joint venture shopping mall in Jinzhou District of this city on 201year1October 24, with a value of RMB 18 yuan. The defendant * * * was caught on the spot, and the stolen goods were recovered and returned to the victim.
Case facts
The defendant * * * * had no objection to the above facts during the trial, and it was confirmed by evidence such as the defendant's confession and photos of stolen goods, the victim's statement of Niu Moumou, witness testimony, the list of seized and returned items, the appraisal opinion, the decision of reeducation through labor, criminal judgment, the source of the case, the arrest process, the basic information table of the permanent population and so on, which was sufficient for identification.
Court view
Our court believes that the defendant Xie Wendong stole citizens' property for the purpose of illegal possession, and his behavior violated citizens' property ownership, which constituted theft and should be punished. The People's Procuratorate of Shahekou District of Dalian accused the defendant * * * of committing theft, with clear facts and sufficient evidence, and found the defendant guilty. The defendant * * * * is a recidivist, who commits another crime that should be sentenced to fixed-term imprisonment or more within five years after his release from prison, and should be given a heavier punishment; However, after he arrived at the case, he truthfully confessed the facts of the crime, voluntarily pleaded guilty, and the stolen money was recovered and returned, which was considered comprehensively when sentencing. To sum up, according to the provisions of Articles 264, 52, 53, paragraph 1 of 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 Xie Wendong was convicted of theft and sentenced to six months' imprisonment.