The public prosecution organ is the People's Procuratorate of Longquanyi District, Chengdu.
Defendant Tang Xiaolong.
Defender Zhou Xianlin, lawyer of Sichuan Dingjun Law Firm.
Trial process
The People's Procuratorate of Longquanyi District of Chengdu accused the defendant Tang Xiaolong of theft with the indictment No.572 of Jackie Chan Criminal Inspection (20 13), and filed a public prosecution with our hospital on 2019. After the court accepted the case, the summary procedure was applied according to law and the case was heard in public. Liu Jia, acting prosecutor of the People's Procuratorate of Longquanyi District, Chengdu, appeared in court to support the public prosecution, and the defendant Tang Xiaolong and his defender Zhou Xianlin attended the proceedings. The trial is now over.
It was found through trial that at 3 o'clock in the morning on March 9, 20 13, the defendant Tang Xiaolong returned to his dormitory No.60 of Jinghua Group's old dormitory, which was located on the side of Xingguang Middle Road in Longquanyi District, and made a temporary intention to steal, so he borrowed a black HTC touch-screen mobile phone from the victim Fei Moumou who lived with him, and then used the victim Fei Moumou to sleep with him. After identification, the stolen two mobile phones were worth RMB1.
On March 2013 15, the defendant Tang Xiaolong was stopped by the public security organs and brought to justice.
For the above facts, the defendant Tang Xiaolong also voluntarily pleaded guilty during the trial, and accepted the criminal case registration form, the filing decision, the case process, the statements of the victims Fei Moumou and Xiang Mou, the transcripts and photos of the defendant Tang Xiaolong's identification of the crime scene, the confession of the defendant Tang Xiaolong, the list of stolen 1 Kuqi brand mobile phones, and the price appraisal opinions of the stolen mobile phones, and the victims bought them.
Court view
The court held that the defendant Tang Xiaolong secretly stole other people's property for the purpose of illegal possession, and the amount was large, which constituted theft. According to the law, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. The defendant Tang Xiaolong confessed his crimes truthfully after he was brought to justice, and voluntarily pleaded guilty in court, which can be given a lighter punishment. Defendant Tang Xiaolong is a first-time offender, and some of the recovered stolen goods have been returned to the victim, and may be given a lighter punishment as appropriate. The fact that the People's Procuratorate of Longquanyi District of Chengdu accused the defendant Tang Xiaolong of committing theft was established and accurate, and our hospital supported it. The corresponding defense opinions of the defendant Tang Xiaolong's defender were adopted. Accordingly, in order to crack down on crimes and protect the ownership of public and private property from infringement, according to the facts, nature, circumstances and the degree of harm to society of the defendant Tang Xiaolong, and in accordance with the provisions of Articles 264, 52, 53, 72, paragraph 1, paragraph 3, 73, paragraph 1 and paragraph 3 and 67, paragraph 1 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows.
Case results
Defendant Tang Xiaolong was convicted of theft and sentenced to four months' criminal detention, suspended for six months and fined RMB 1000.
(The probation period of probation shall be counted from the date when the judgment is determined. The fine is limited to be paid within ten days after the judgment takes effect)
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Chengdu, Sichuan Province through our hospital 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.