Party information
The public prosecution organ is awarded by the People's Procuratorate of jia county.
Defendant * * *, male, born in * * *, Han nationality, illiterate, farmer, domiciled in fengqiu county, Henan Province, and living in Xinxiang City. Suspected of theft, he was detained by jia county Public Security Bureau on May 2, 20 18, and released on bail on May 36, 54, 38+08, 20 1 year.
Defender Ni Wenzhen, lawyer of Henan Yuan Bo Law Firm.
Defendant * * *, male, born in * * *, Han nationality, primary school culture, farmer, residing in fengqiu county, Henan Province, and living in the east of Huanghekou Community, Qudong Office, Hongqi District, Xinxiang City. Suspected of theft, he was detained by jia county Public Security Bureau on May 2, 20 18, and released on bail on May 36, 54, 38+08, 20 1 year.
Defender Feng Hang, lawyer of Henan Tengtai Law Firm.
Defendant Xie Xuhui, male, born in * * *, Han nationality, primary school culture, farmer, registered in Nanyang City, Henan Province, and living in Xinxiang City. Suspected of theft, he was detained by jia county Public Security Bureau on April 29th, 20 18, and released on bail on May 30th, 20 18.
Defender Han Zhenyu, lawyer of Henan Yuan Bo Law Firm.
Trial process
Jia County People's Procuratorate accused the defendants * * * * * * and Xie Xuhui of theft with the newly prosecuted indictment No.2004. (20 18)305, and filed a public prosecution with our hospital on 20 1 1.7. After the court accepted the case, a collegiate bench was formed according to law and the case was heard in public. Prosecutors Xu Laibin and Cui were appointed by the People's Procuratorate of jia county to appear in court to support the public prosecution. Defendant * * * and his defender Ni Wenzhen, Defendant * * * and his defender Feng Hang, Defendant Xie Xuhui and his defender Han Zhenyu attended the proceedings. The case has now been closed.
Request situation
The public prosecution agency accused: On the afternoon of April 7, 1965, at around 13, the defendants * * * * * and Xie Xuhui fled to "Xinxiang Tianxin New Energy Machinery Co., Ltd." in Huojia County to buy the company's special steel scrap at the price of per kilogram 15 yuan. After that, it paid the company 3 1.350 yuan (201.2kg of stolen scraps, with a value of 30 1.80 yuan), and then sold the above scraps to Shangli scrap metal purchasing station in Xiaoji Town, Xinxiang County at a price of 54,600 yuan, with a profit of 23,250 yuan.
At the same time, the public prosecution agency provided corresponding evidence that the actions of the defendants * * * * * * and Xie Xuhui have constituted theft, and requested our court to punish them according to law.
Defendant's point of view
The defendant * * * * has no objection to the criminal facts and charges accused by the public prosecution agency, and has not made any excuses or defended in court.
National defense situation
Defender of the defendant * * * * * argued that the defendant * * * could truthfully confess his crimes, plead guilty and repent, actively return the stolen money and goods, gain the victim's understanding and request a lighter punishment.
The defendant * * * * has no objection to the criminal facts and charges accused by the public prosecution agency, and has not made any excuses or defended in court.
Defender of the defendant * * * * * argued that the defendant * * * could truthfully confess his crimes, plead guilty and repent, actively return the stolen money and goods, gain the victim's understanding and request a lighter punishment.
The defendant Xie Xuhui had no objection to the criminal facts and charges accused by the public prosecution agency, and did not defend and defend in court.
Defender of the defendant Xie Xuhui argued that the defendant * * * could truthfully confess his crime, plead guilty and repent, and was an accessory, actively returned the stolen goods, obtained the victim's understanding, and requested a lighter punishment.
Case facts
It was found through trial that on the afternoon of April 7th, 2065438 13, the defendants * * * * * and Xie Xuhui fled to "Xinxiang Tianxin New Energy Machinery Co., Ltd." in Huojia County and bought the company's special scrap steel at the price of per kilogram 15 yuan. After that, it paid the company 3 1.350 yuan (201.2kg of stolen scraps, with a value of 30 1.80 yuan), and then sold the above scraps to Shangli scrap metal purchasing station in Xiaoji Town, Xinxiang County at a price of 54,600 yuan, with a profit of 23,250 yuan.
2065438+On May 29th, 2008, the defendant * * * * * and Xie Xuhui's family compensated Xinxiang Tianxin New Energy Machinery Co., Ltd. for 30,000 yuan, and obtained the company's understanding.
The above facts are corroborated by the confessions and excuses of the defendants * * * * * * and Xie Xuhui, the statement of the victim Li, the testimony of the witnesses Shang Mou, He Mou, Qi Mou, Guo Mou and Yan Mou, and the one-inch bareheaded photos of the defendants * * * * * and Xie Xuhui. After arriving at the case, the administrative penalty decision, site map, site photos, appraisal transcripts, appraisal photos, appraisal instructions, appraisal site photos and other evidence are all confirmed in the transcripts, which is enough for identification.
Court view
We believe that the defendants * * * * * *, * * and Xie Xuhui stole other people's property for the purpose of illegal possession, and the amount was large, which constituted theft. The public prosecutor accused the defendants * * * * * * and Xie Xuhui of committing theft. The facts are clear, the evidence is true and sufficient, and the charges are established, which our court supports. Defenders of the defendants * * * * * and Xie Xuhui proved that the defendants * * * * * and Xie Xuhui could truthfully confess their crimes, plead guilty and repent, actively return the stolen money and goods, and obtained the defense opinions of the victim's understanding, which was adopted by our court. Defender Xie Xuhui's defense opinion that the defendant Xie Xuhui is an accessory was verified and adopted by our court. The defendants * * * * *, * *, and Xie Xuhui * * * committed intentional crimes, and they were charged with * * * *. Defendants * * * * * and * * * both play a major role in the same crime, and they are both principal offenders, and they should be punished according to all the crimes they participated in or organized and directed. Defendant Xie Xuhui played a minor role in the crime of * * *, and was an accessory, so he should be given a lighter or mitigated punishment. The defendants * * * * * * and Xie Xuhui confessed their crimes truthfully after they arrived at the case, and they can be given a lighter punishment. Defendants * * * * * and Xie Xuhui can actively return all the stolen money and obtain the understanding of the victim, and may be given a lighter punishment as appropriate. According to the facts, nature and circumstances of the crimes committed by the three defendants and the degree of harm to society. According to the provisions of Article 264, Article 25, Paragraph 1, Article 26, Paragraph 1, Item 4, Article 27, Item 3 of Article 67, Article 61, Article 52, Article 72, Paragraph 1, Item 3 and Article 73 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
Case results
Defendant * * * was convicted of theft, sentenced to two years' imprisonment, suspended for three years, and fined RMB 20,000.
(The probation period of probation shall be counted from the date when the judgment is determined. )
(The fine shall be delivered to our hospital and turned over to the state finance within ten days after the judgment takes effect. )
Defendant * * * was convicted of theft, sentenced to two years' imprisonment, suspended for three years, and fined RMB 20,000.
(The probation period of probation shall be counted from the date when the judgment is determined. )
(The fine shall be delivered to our hospital and turned over to the state finance within ten days after the judgment takes effect. )
Defendant Xie Xuhui was convicted of theft and sentenced to one year's imprisonment, suspended for two years, and fined RMB 10,000.
(The probation period of probation shall be counted from the date when the judgment is determined. )
(The fine shall be delivered to our hospital and turned over to the state finance within ten days after the judgment takes effect. )
If you refuse to accept this judgment, you can appeal to Xinxiang Intermediate People's Court through our court or directly within ten days from the second day of receiving the judgment. If you appeal in writing, you should submit one original and two copies.
Presiding judge Chen Xiyong
Judge Liu Yumin
Judge Ma Xiuyan
January 31, 1919
Secretary Sun _