Defendant Lin Jiangniu, formerly known as "Lin Meiniu", male, born in Linwu County, Hunan Province on May 8, 1965, Han nationality, primary school culture, farmer, living in Group 3 of Longshui Miner Village Committee, Guangyi Township, Linwu County. Suspected of committing robbery, he was detained in criminal detention on September 20 10/0, arrested on June 20 15 15, and lived under surveillance by Linwu County Public Security Bureau on October 20 165438 10. Now go home.
The People's Procuratorate of Linwu County, Hunan Province accused the defendant Lin Jiangniu of robbery with indictment No.2003. [20 1 1] 84, and filed a public prosecution with our hospital on August 4, 201. After the court accepted the case, a collegiate bench was formed according to law and the trial was held in public. Linwu County People's Procuratorate appointed inspector Lei to appear in court to support the public prosecution, and the defendant Lin Jiangniu attended the lawsuit. The case has now been closed.
The People's Procuratorate of Linwu County, Hunan Province accuses that on February 22nd, 2007 (the third day of the first lunar month), Jane Wen Yuan came to Wang Shunfeng's house in Kuangjia Village, Longshui, a neighboring county, and participated in gambling by playing cards. At first, he lost 100 yuan. Later, Jian offered him the post, and the bet was 1 to 50 yuan. Half an hour later, Jane won back 100,000 yuan. When Jane was about to leave on a motorcycle, the defendants Lin Jiangniu, Huang Shiqiang and Kuang Jianjian (both at large) stopped Jane and took away 865,438+020 yuan in cash. Defendant Lin Jiangniu distributed the robbed 8 120 yuan to Huang Shiqiang, Kuang Jianjian and others on the spot, and defendant Lin Jiangniu himself shared the cash 600 yuan.
In response to the above allegations, the public prosecution agency read and presented to the court the confession of the defendant Lin Jiangniu, the statement of the victim Jane, the testimony of witnesses Kuang Bingxian, Huang, Wang Shunfeng, the household registration certificate of the defendant Lin Jiangniu, the receipt, the filing and compulsory measures. The public prosecutor believes that the defendant Lin Jiangniu's behavior has constituted robbery. Please punish according to law.
The defendant Lin Jiangniu has no objection to the facts and charges accused by the public prosecution agency.
It was found through trial that at 8 o'clock in the morning on February 22nd, 2007 (the third day of the first lunar month), when Jane Wen Yuan, a villager from Dajin, Yingchun Town, Yizhang County, and her wife Li Yuane visited relatives in Fuyuan Village, Guangyi Township, Linwu County, Jane Wen Yuan came to Wang Shunfeng's house in the neighboring Longshui Kuangjia Village and participated in gambling by playing cards. After losing more than 100 yuan, Jian offered to take over, and the bet was 1 to 50 yuan. Half an hour later, Jane won back hundreds of dollars, but his wife called to urge him to go home. When Jane was riding a motorcycle to leave, the defendants Lin Jiangniu, Huang Shiqiang and Kuang Jianjian (all at large) stopped Jane in an open space at the entrance of the village. Huang Shiqiang and Kuang Jianjian kicked Jian Jian's motorcycle down and punched him several times, threatening him to take out the money, so Jian Jian took 865438+ from him. Defendant Lin Jiangniu distributed the robbed 8 120 yuan to Huang Shiqiang, Kuang Jianjian and others on the spot, and defendant Lin Jiangniu himself shared the cash 600 yuan. Afterwards, the defendant Lin Jiangniu and others handed over part of the money of 5,800 yuan to the village committee.
During the proceedings of the first instance, the defendant Lin Jiangniu returned the proceeds of crime in RMB 600 yuan from our hospital.
The above facts are confirmed by the following evidence provided by our hospital through cross-examination and appraisal:
(1) The defendant Lin Jiangniu's confession confirmed that at noon on the third day of the first month of 2007 12, I went from home to Zeng Fanjun's home in my village and saw quite a few villagers playing a kind of "tag" around a table, and the owner of the village was a Zhang Zi, so I also paid 100 yuan to buy one. After playing for about an hour, all 400 yuan was lost. Later, I went home. Less than half an hour later, I went to the military home in Fan Zeng. Zhang Zai and the others stopped playing cards. According to the villagers, a boy cheated at cards and won money every time he went to the village to play cards. Therefore, Huang Shiqiang and Kuang Jianjian proposed to "take all the money from Zhang Zhangzi who opened the village." Soon, Yi Zhangzai came out on a motorcycle. On the playground of the new school in our village, Kuang Jianjian stopped a boy. At this moment, Huang Shichong rushed over, kicked Zhang Zi, and Zhang Zi fell to the ground with his car. When Yi Zhangzai got up, Kuang Jianjian leaned in and gave Yi Zhangzai a few punches, but I stopped him later. I also told the villagers not to hit people. After I stopped him, Kuang Qiujiang, Kuang Jianjian, Kuang Xianjun and others told Yi Zhangzai to take out all his money. When Yi Zhangzai saw this situation, he took money out of his pocket. I saw him take out two pockets of money and another red envelope. Someone offered to answer Yi Zhangzai's cell phone, and I said I didn't want a broken cell phone. Huang Shiqiang, Kuang Jianjian and others asked me to pick up a piece of money first. We got 8 120 yuan from a piece of money and divided it on the school playground. I will share 600 yuan with Kuang, Huang Shiqiang, Kuang Jianjian, Kuang Lijun and Kuang Xianjun, and the rest will be shared equally by several people. 10 days later, 9 people, including Kuang and Huang Shiqiang, and I each went back to 200 yuan to find Kuang Benxian, the village party secretary, and asked the village committee to come forward to deal with our robbing of Yizhangzi.
(2) The victim's statement confirmed that on the morning of the third day of the first month of 2007, my wife and I went to my cousin's house in Fuyuan Village, Guangyi Township to pay a New Year call. I heard that someone was playing cards in Longshui Village, so I rode a motorcycle to the canteen of this material alone. I saw seven or eight people playing "tag" in the canteen, so I bought it myself. About an hour, I lost 100 yuan. Later, I said that I would go to the village and everyone in their village agreed. After sitting in the village for about half an hour, I won all the money I lost. My wife invited me to dinner, so I rode my motorcycle back to Fuyuan Village for dinner. When I rode my motorcycle to the empty ping at the entrance of Longshui Village, I heard someone shouting "Stop". I wanted to stop the motorcycle on the spot, but the motorcycle had not stopped. Suddenly, a man rushed over and kicked me, just on my left waist, and I fell to the ground with my car. At this time, seven or eight people were punching and kicking around me. After I was beaten for two or three minutes, some villagers said loudly, "Don't fight, for fear of killing people", and then stopped fighting. Then one of them asked me to take out the money, and I gave them all the money in this pocket. Was robbed of 8000 yuan in cash and 120 red envelope. Total * * * 8 120 yuan. Later, I heard from others that they robbed me of my money because I cheated at cards. Through inquiry, my money was robbed by Gangqiu, Niu Gang and Suoqiang (homonym) in Longshui Village.
(3) The testimony of witness Kuang Bingxian confirmed that the Japanese were not in the village on March 3, 2007. After returning to the village, I heard from the villagers that a boy who often came to our village to play cards cheated in the village today and won five or six thousand yuan. The villagers told him to change cards to continue playing, but Zhang Zi refused to play. Because the villagers were not convinced, they asked Yi Zhangzai to take out all the money he won. Yi Zhangzai saw that the situation was wrong and took out all the money. At 8 o'clock that evening, Kuang Xiaozhong, the acting director of the village committee, came to my house and gave me 5800 yuan, saying that this 5800 yuan was the money that the villagers got from Yizhangzi today, and the villagers handed it over to the village committee for handling. Hearing this, I picked up 5800 yuan and put it into the account book of the village Committee as the income of the village Committee. After that, all the money was used up.
According to the witness Huang's testimony, I heard that Lin Jiangniu and others took seven or eight thousand yuan from Yizhangzi, and later paid 5,800 yuan to the village committee.
The testimony of witness Wang Guofa confirmed that according to the villagers, it was Lin Jiangniu and others in our village who robbed Zhang Zi of his money.
The testimony of witness Wang Shunfeng confirmed that I opened an agency shop in the village. One year on the third day of the first month, a Yizhang man came to my house very early. He bought two sets of playing cards at my house, and then he sat in the village and started hanging up. At that time, there were many people around the gambling table in the village, and some people put in one yuan, ten yuan and fifty yuan to bet. Later, I heard that this Yizhang man won money at cards, and the villagers took his money away.
1. The certificate of return of stolen money and stolen goods, which proves that the defendant Lin Jiangniu has returned the stolen money of RMB 600 yuan.
The receipt confirmed that on March 24th, 2007, Longshui Village Committee of Guangyi Township in Linwu County received a fine of RMB 5,800 from Yizhang.
Levies, the defendant Lin Jiangniu's household registration certificate confirmed that the defendant Lin Jiangniu had reached the age of criminal responsibility when he committed the crime.
We believe that the defendant Lin Jiangniu and others used violence on the spot to rob others of RMB 8 120 yuan for the purpose of illegal possession, which has violated the criminal law and constituted robbery. The public prosecutor accused the defendant Lin Jiangniu of committing the crime. In the crime of * * *, the defendant Lin Jiangniu played a secondary role and was an accessory, and his punishment was mitigated according to law. After the incident, the defendant Lin Jiangniu pleaded guilty with a good attitude, was able to truthfully confess his criminal facts, actively returned the proceeds of crime, and gave a lighter punishment as appropriate. Combined with the defendant Lin Jiangniu's criminal circumstances, guilty attitude and repentance, probation can be applied to him.
To sum up, according to the provisions of Article 263, Article 25, Paragraph 1, Article 27, Article 72, Paragraph 1, Paragraph 3, Article 73, Paragraph 2, Paragraph 3, Article 52 and Article 64 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
1. Defendant Lin Jiangniu was convicted of robbery, sentenced to three years' imprisonment, suspended for three years, and fined RMB 10,000 (paid).
(The probation period of probation is calculated from the date when the judgment is determined)
2. The recovered criminal proceeds of the defendant Lin Jiangniu, RMB 600 yuan, have been returned to the victim.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Chenzhou City, Hunan Province through our court or directly within ten days from the second day of receiving the judgment. A written appeal shall be submitted in one original and three copies.