Fengtai District People's Court of Beijing Municipality
criminal judgement
Public Prosecution Organ: People's Procuratorate of Fengtai District, Beijing.
Defendant Li Moumou, male, 1984, born in Raoping County, Guangdong Province, Han nationality, junior high school education, farmer, living at No.2, South Yongtai Road, Haishan Town, Raoping County, Guangdong Province. He was detained on July 22, 2006 and arrested on August 25, 2006 on suspicion of committing the crime of gathering people to plunder. He is currently being held in Fengtai District Detention Center in Beijing.
Defender Han Song, lawyer of Beijing Zhongzhou Law Firm.
Defendant Lin, male, born on June 29th, 1982 in Raoping County, Guangdong Province 1982, Han nationality, junior high school education, farmer, living at No.8 Lane, Nandongyuan, Haishan Town, Raoping County, Guangdong Province 12. He was detained on July 22, 2006 and arrested on August 25, 2006 on suspicion of committing the crime of gathering people to plunder. He is currently being held in Fengtai District Detention Center in Beijing.
Defender Mo Yunjie, lawyer of Beijing Zhongzhou Normal University.
The People's Procuratorate of Fengtai District, Beijing charged the defendants Li Moumou and Lin with the crime of gathering people for looting with indictment No.2004 dated June 30, 2004. (2006) 1498, filed a public prosecution in our hospital on June 20, 2006. Our court applied summary procedure according to law, conducted a separate trial and heard the case in public. Defendant Li Moumou and his defender Han Song, Defendant Lin and his defender Mo attended the proceedings. The trial is now over.
The public prosecutor accused:
At about 5 o'clock on June 22nd, 2006/KLOC-0, the defendants Li Moumou, Lin and others robbed the explosion-proof membrane of Beijing Rijia Technology Development Co., Ltd. in Xiaojing Village, Fengtai District of this city. Two volumes of explosion-proof membrane were given to the defendants Li Moumou and Lin, with a value of RMB 6,802. It was later seized.
Regarding the above facts, the defendant Li Moumou and his defender, the defendant Lin and his defender had no objection during the trial, and there was a report on solving the case issued by the public security organ; The statement of the victim, Liang; Testimony of witnesses Sun, Fan; Evidence such as the "Appraisal Conclusion of Real Estate Price" issued by Beijing Fengtai District Price Certification Center is sufficient for confirmation.
The court held that the defendants Li Moumou and Lin ignored the national laws, colluded with each other, and robbed citizens' property in a large amount, all of which constituted the crime of mass robbery and should be punished according to law. The People's Procuratorate of Fengtai District of Beijing accused the defendants Li Moumou and Lin of committing the crime of gathering people for looting. The facts were clear and the evidence was indeed sufficient, and they were convicted. The defense opinions put forward by the defendants Li Moumou and Lin's defenders will be considered by our court as appropriate. In view of the defendants Li Moumou and Lin's good attitude of pleading guilty, our court gave the two defendants a lighter punishment as appropriate. In order to enforce national laws and crack down on criminal crimes, according to the specific circumstances of this case and the position and role of the two defendants in the same crime, the defendants Li Moumou and Lin were sentenced to fixed-term imprisonment respectively in accordance with the provisions of Article 268, Article 25, paragraph 1, Article 52, Article 53 and Article 61 of the Criminal Law of People's Republic of China (PRC). The defendant Li Moumou committed the crime of gathering people to rob. (The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from July 22, 2006 to June 265438 +2007 10. The fine has been paid. The defendant Lin committed the crime of gathering people to plunder, sentenced to six months in prison and fined RMB 2,000. (The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from July 22, 2006 to June 265438 +2007 10. The fine has been paid.
If you refuse to accept this judgment, you can appeal to Beijing No.2 Intermediate People's Court through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.
Acting Judge Xiao Jiangfeng
November 28th, 2006
Clerk Zhang Yan.