Hangzhou Intermediate People’s Court of Zhejiang Province
Criminal Judgment
p>(2014) Zhejiang Xingchu Zi No. 59
People’s Procuratorate of Hangzhou City, Zhejiang Province.
Defendant Li Moumou. He was criminally detained on March 16, 2065,438 on suspicion of committing the crime of theft, and was arrested on April 19 of the same year. He is currently being held at the Shangcheng District Detention Center in Hangzhou.
Defender Huang Moumou.
The defendant Chen Moujia. He was criminally detained on April 27, 2013 on suspicion of committing theft and arrested on May 31 of the same year. He is currently being held at the Shangcheng District Detention Center in Hangzhou.
Defender Jiang.
The People's Procuratorate of Hangzhou City, Zhejiang Province, charged the defendant Li with the crime of theft, buying and selling armed forces documents, buying and selling and illegal use of special signs of the armed forces in Hangzhou Criminal Investigation (2013) No. 242. The defendant Chen Moujia was convicted of covering up and concealing the proceeds of a crime and filed a public prosecution with this court on February 214, 2004. This court formed a collegial panel in accordance with the law and heard the case in public. The People's Procuratorate of Hangzhou City, Zhejiang Province entrusted agents Zhang Shu and Zhan to appear in court to support the prosecution. The defendants Li Moumou and Chen Mojia, and this court respectively notified the defenders Huang Moumou and Jiang Mouse designated by the Hangzhou Legal Aid Center to attend the court to participate in the litigation. The trial is now over.
The People’s Procuratorate of Hangzhou City, Zhejiang Province accused: From September 2011 to March 2013, the defendant Li Moumou stole 14 Honda cars in many provinces and cities across the country by unlocking decoders. The stolen cars were worth RMB 2,531,340 and were driven to Guangzhou and other places by wearing military uniforms and displaying military vehicle license plates. Among them, on March 4, 2013, the defendant Li Moumou stole the victim Zhao Moumou’s Zhejiang A A check-in was set up in the Yanling section, and the defendant Chen Moujia drove a car to set up a check-in. After police warnings failed, they fired at the wheel. The two defendants drove to the entrance of Xiaoyukeng Natural Village, Momo Village, Yaxi Town and were forced to abandon the car and escape. The defendant Li Moumou was caught on the spot. On April 27 of the same year, the defendant Chen Moujia was captured by the public security organs at the sanitary ware store in Shangba Community, Sanhe County, Sandu County, Guizhou Province. The stolen vehicle has been returned to the victim Zhao Moujia.
Between 2011 and 2012, the defendant Li purchased sergeant uniforms, sergeant epaulettes, armbands, ties, name badges, and military medals from others in order to avoid inspection while on the way to sell stolen cars, and contacted The vendor who dealt with fake IDs purchased 2 fake military IDs and 6 military badges.
In order to confirm the facts of the accusation, the prosecutor read and presented the statements of victim B and others, witness Yang’s testimony, identification record, car purchase invoice, driving license, vehicle information registration form, hotel accommodation information form, The seizure and return list, mobile phone call records, price appraisal conclusions, DNA appraisal certificates, appraisal opinions, decoders and military officer ID cards, as well as the arrest process, household registration certificate, situation description and statements of the defendants Li Moumou and Chen Moujia, and other evidence. Accordingly, the defendant Li Moumou committed the crime of theft, the crime of buying and selling military documents, and the crime of buying and selling and illegal use of military special signs. The defendant Chen Moujia was guilty of covering up and concealing the proceeds of crime and was given a lighter punishment in accordance with the law.
The defendant Li Moumou has no objection to the facts of the accusation. His defender proposed that in some crimes, the accomplices started to steal, and the defendant Li Moumou was on the lookout, so Li Moumou was an accomplice; after being brought to justice, he was able to confess most of the theft facts that the public security organs had not yet grasped, and requested a lighter punishment.
The defendant Chen Moujia argued that he did not know that Li Mou had stolen the car, nor did he know that the police were setting up a card to intercept it. His defender pointed out that the defendant Chen Moujia had a better attitude towards pleading guilty after being brought to justice, and his subjective viciousness was less. He was a first offender and requested a lighter punishment.
After trial, it was found that from September 2011 to March 2013, the defendant Li Moumou fled to Nanjing, Wuxi, Hangzhou, Ningbo, Yongkang, Chongqing, Taiyuan, Shanxi, Wuhan, and Hubei in Jiangsu Province. , Xian, Shaanxi, Hefei, Anhui and other places, using decoders to unlock 14 Honda cars.
1. In the early morning of September 7, 2011, the defendant Li stole an Asu ××××××× parked by the victim Chen B at the gate of No. 65 Jiqingmen Street, Jianye District, Jiangsu Province. Black Honda Accord sedan, worth RMB 161,850.
2.2065 438+02 65438+In the early morning of October 15, the defendant Li Moumou drove the victim’s Zhejiang A ×××× parked alone at the intersection of Qingjiang Road and Oujiang Road in Shangcheng District of this city. ×××Purple Honda Odyssey sedan worth RMB 198,050 was stolen.
3.2065438+On the evening of February 23, 2002, the defendant Li Moumou killed the victim Pan’s parked Zhejiang B B The ××× black Honda Accord sedan worth RMB 171,600 was stolen.
In the early morning of June 4.12, the defendant Li Moumou parked the victim Huang’s Zhejiang A×××× gray Honda Odyssey car, worth RMB, at the gate of No. 70 Feiyunjiang Road, Shangcheng District, this city. 194,000 yuan.
5. On the night of June 17, 2065, the defendant Li stole a black Honda Accord parked by the victim Xie near No. 393, Qinyuan New Village, Wuxi City, Jiangsu Province. Valued at RMB 158,100.
6. In the early morning of July 16, 2065 438+2006, the defendant Li stole a YuA parked by the victim Shen at the entrance of the canteen of Southwest Securities Company outside Chengnan Shanglin Community in Jiangbei District, Chongqing. ××××××× Gray Honda Odyssey sedan, worth RMB 198,050.
7. 2065 438+ In the early morning of August 20, 2002, the defendant Li Moumou stole the victim’s black Honda Accord in front of the Gree Air Conditioning Store in Jinxiuyuan Community, Tiyu Road, Xiaodian District, Taiyuan City, Shanxi Province. Car, worth RMB 189,150.
8. In the early morning of August 27, 2012, the defendant Li Moumou stole a black Honda Accord sedan parked by the victim Liu at the door of No. 170 Jian'an Street, Wuchang District, Wuhan City, Hubei Province. Valued at RMB 185,250.
On the evening of September 12, the defendant Li Moumou stole a Shaanxi A×××× black Honda Accord car parked by the victim Chai near the east gate of Yuhuayuan Community in Weiyang District, Shaanxi Province. The value was RMB 185,250.
10. On the evening of October 24, 2012, the defendant Li stole a black Honda Accord sedan worth RMB from the victim Ding parked at the back door of Building 10, Luneng Star City, Jiangbei District, Chongqing. 175,500 yuan.
11. 2012 165438 + In the early morning of October 9, the defendant Li Moumou parked the Zhejiang A××××× black Honda Accord at the entrance of Sanwei Company, No. 12, 1, Lishui Road, Gongshu District, this city The car was stolen.
12. 2012 165438 + In the early morning of October 26, the defendant Li Moumou stole a car parked by the victim Zhao Moumou near the intersection of Huayang West Road and Shengli Road, Yaohai District, Hefei City, Anhui Province. A ××××× purple Honda Odyssey sedan worth RMB 19,390.
In the early morning of December 1, 2012, 13, 2012, the defendant Li Moumou stole a Zhejiang G × ××××××Black Honda Accord sedan.
14. In the early morning of March 14, 2013, the defendant Li Moumou stole a Zhejiang ××××××× gray Honda Accord sedan parked there by the victim Zhao Moujia, worth RMB 191,600. . Afterwards, the defendant Li Moumou put on the officer uniform prepared in advance, hung up the military vehicle number plate, drove to Yiwu to meet the defendant Chen Moujia, who had been contacted by phone in advance, and asked him to help drive. The defendant Chen Moujia believed that the driver was a smuggler. The next day, the defendant Chen Moujia put on the soldier uniform provided by the defendant Li Moujia and drove towards Lishui city. The latter two stopped to rest at Niutingling section of Liya Highway in Liandu District, Lishui City. At about 16:00 that day, the public security officers who were searching the area discovered that the two defendants refused to accept inspection, and the defendant Chen Moujia was driving with the same license plate. After the public security officers fired warning shots, they drove away. The latter two defendants drove to Xiaoyukeng Natural Village, Momo Village, Yaxi Town. The stolen vehicle was later returned to the victim Zhao Moujia. On April 27 of the same year, the defendant Chen Moujia was captured and brought to justice by the public security organs.
It was also found that during the theft, the defendant Li purchased 2 officer certificates, 6 military vehicle license plates, 1 non-commissioned officer uniform, epaulettes, Armbands, ties, name badges, etc. The above-mentioned military officer ID card, military vehicle number plate, epaulettes and other documents, as well as the decoder and navigation device used by the defendant Li Moumou when committing the crime, have been seized by the public security organs.
The evidence to confirm the above facts includes: (1) Victim B, Shan, Pan, Huang, Xie, Shen, Xiang, Chai, Ding, Guo and Zhao B. Ying and Zhao A stated the time, place, make and model of the stolen car, and had relevant car purchase invoices.
(2) The price appraisal conclusion proves the value of the stolen car.
(3) Hotel accommodation personnel information form, proving the time when the defendant Li Moumou stayed in hotels across the country.
(4) Identification records and photos to prove that the victim, Pan, Shen, Xiang, Chai, Ding and Zhao B identified the stolen scene, as well as the defendant Li Someone’s identification of the stolen scene.
(5) DNA identification certificate proving that the defendants Li Moumou and Chen Mojia were found on the gloves, bottle mouths and napkins placed in the Zhejiang A×××××× Honda Accord car. DNA.
(6) Seizure list, photos and description, proving that the public security organs have seized 2 military officer ID cards, 6 military vehicle number plates (12), 6 military vehicle driving licenses, 2 military vehicle driving licenses, and 1 set of officer licenses Clothing, armbands, epaulettes, breastplates, collar flowers, etc. It started from the suitcase abandoned by defendant Li Moumou and defendant Chen Moujia. Another return list proves that Zhejiang A ×××× Honda Accord has been returned to Zhao Moujia.
(7) The appraisal opinion proves that the seized military vehicle number plates, military vehicle driving licenses, military vehicle driving licenses, and officer uniforms, armbands, epaulettes, name tags, and bow ties are all imitations.
(8) Witness Yang’s testimony proved that he sold a set of official uniforms, epaulettes, armbands, collar flowers, name badges and other items to “Chen Sheng” whom he met online, and the other party remitted money to him through a bank , he mailed items to the other party and had never met "Chen Sheng"; his mobile phone number is 158××××9000.
(9) Call records prove defendant Li Moumou’s call records from 2065438+March 2003.
(10) The arrest process and description of the situation prove that the two defendants have been captured and brought to justice.
(11) The household registration certificate confirmed the identities of the two defendants.
(12) The defendant Chen Moujia confessed that he met Li Moujia in Yiwu because he wanted him to help drive. At that time, Li Moumou was driving a car with a fake military license plate and was wearing an officer's uniform. Later, the two drove to Lishui, during which Li asked him to put on his military uniform. When the latter two stopped to rest, someone knocked on the car window. Li asked him to run, so he drove away with Li. He thought Li was in the smuggling business and allowed him to drive a smuggling car. His mobile phone number is 158××××6735.
(13) The defendant Li Moumou confessed that he stole Honda cars across the country by unlocking decoders, and asked the defendant Chen Moujia to help him when he thought he was in the car smuggling business. The story of being intercepted by the public security organs while driving is consistent with the facts reflected in the above evidence.
The above evidence was found to be consistent after cross-examination in court, and was confirmed by this court.
Regarding the defense opinion raised by Li’s defender that the defendant Li confessed to most of the theft facts that the public security organs have not yet grasped after he was brought to justice, after investigation, the public security organs have learned that he was suspected of escaping and stealing. Most of the facts of the car were not accepted by the above defense opinions.
As for the defendant Chen Moujia’s argument that he did not know that the car was stolen by Li Mou, after investigation, according to the evidence in the case file, the defendant Chen Moujia did not know that the car he was driving was stolen by Li Mou. The indictment does not accuse Chen of knowingly knowing that the car was stolen.
The defendant Chen Moujia argued that he did not know that the police had set up a card to intercept him. After investigation, He was arrested, which proved that the public security officers asked the two defendants to undergo inspection when they showed their police ID cards. The defendant Li Moumou also confessed to this, and this defense was not accepted.
The facts of this case are clear, and the evidence is conclusive and sufficient, sufficient for determination.
The court held that the defendant Li Moumou used secret methods to steal other people's property for the purpose of illegal possession. The amount was extremely huge, which constituted the crime of theft; the defendant Li Moumou bought and sold military officer's ID card, and his behavior constituted a crime of theft. The crime of buying and selling military documents; the defendant Li Moumou bought, sold and illegally used military vehicle number plates, and the circumstances were serious.
His behavior constitutes the crime of buying, selling, and illegally using military-specific symbols. The defendant Chen Moujia transferred the proceeds of crime knowing that they were proceeds of crime, and his behavior constituted the crime of covering up and concealing the proceeds of crime. The public prosecution agency charged the two defendants with crimes. The defendant Li Moumou should be punished for several crimes. Regarding the defense opinion put forward by defendant Li Moumou's defender that Li Moumou was an accessory in some of the theft cases, he believed that based on the evidence on record, it was not enough to determine that there was an accomplice in some of the theft cases involved, or that Li Moumou was an accessory. Although the defendant Li Moumou had a good attitude of pleading guilty, given that he had committed multiple thefts, the value of the stolen property amounted to more than 2.5 million yuan, causing actual losses to the victim of more than 2.3 million yuan, and most of the theft crimes were known to the public security organs before his confession, it was not enough. He was given a lighter punishment, and his defender's defense opinion requesting a lighter punishment was not accepted. The defendant Chen Moujia believed that he was helping Li drive a smuggled car and intervened in the case. The subjective malignancy is relatively small. If you can confess your guilt after being brought to justice, you may be given a lighter punishment as appropriate. His defender requested a lighter punishment. Accordingly, in accordance with Article 264, Article 375, Paragraph 1, Item 3, Article 312, Paragraph 1, Article 57, Paragraph 3 of the Criminal Law of the People's Republic of China, Article 69, Article 64, "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases that Disrupt the Management Order of Military Uniforms and Vehicle Number Plates" Article 1, Paragraph 1, Item 2 .
1. The defendant Li Moumou was sentenced to life imprisonment for the crime of theft, deprived of political rights for life, and all personal property confiscated; for the crime of buying and selling armed forces documents, he was sentenced to six months in prison; for buying and selling. For the crime of illegally using the special signs of the armed forces, he was sentenced to one year in prison and fined RMB 6.5438 million; for the three crimes, he was sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property.
2. Sentence the defendant Chen Moujia to one year and six months in prison and a fine of RMB 5,000.
(The sentence shall be calculated from the date of execution of the judgment. If detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from April 27, 2013 to October 26, 2014. The fine shall be Pay within one month after this judgment takes effect)
3. The 1 decoder and 1 criminal tool navigator transferred to our hospital with the case will be confiscated.
4. The defendant Li Moumou is ordered to return his illegal gains and return them to the victim.
If you are dissatisfied with this judgment, you may appeal through this court or directly to the Zhejiang Provincial Higher People's Court within ten days from the second day after receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.