Feng Chunfu of Ulanqab City was sentenced to fixed-term imprisonment? Information about the parties: Feng Chunfu stole the first-instance criminal judgment. The Public Prosecution Office of Luchuan Co
Feng Chunfu of Ulanqab City was sentenced to fixed-term imprisonment? Information about the parties: Feng Chunfu stole the first-instance criminal judgment. The Public Prosecution Office of Luchuan County, Guangxi Zhuang Autonomous Region. The defendant Feng Chunfu, male, ****, was born in Luchuan County, Guangxi Zhuang Autonomous Region on **month **, **** year, Han nationality, primary school education, farmer, living in Luchuan County. For committing the crime of theft, he was sentenced to one year and one month in prison by this court on December 17, 2015, and was released on November 8, 2016. He was criminally detained by the Luchuan County Public Security Bureau on January 12, 2018, on suspicion of committing the crime of theft, and was arrested on the 23rd of the same month. He is currently detained at the Luchuan County Detention Center. The Luchuan County People's Procuratorate accused the defendant Feng Chunfu of committing the crime of theft through Lujian Criminal Indictment [2018] No. 111, and filed a public prosecution with this court on April 23, 2018. This court filed the case for acceptance on the same day. Summary procedures were applied in accordance with the law, a single judge was implemented, and the case was heard in public. The Luchuan County People's Procuratorate assigned prosecutor Qiu Lu to appear in court to support the prosecution, and the defendant Feng Chunfu attended the court to participate in the proceedings. The trial is now concluded. Request the Luchuan County People’s Procuratorate to charge: 1. At around 11:00 on November 11, 2017, the defendant Feng Chunfu took advantage of the victim Qin’s opportunity to get off the shuttle bus from Luchuan to Yulin (license plate Gui K ×××××), and stole He took the wallet in Qin's backpack, which contained more than 3,500 yuan, ID cards, bank cards and other items. 2. On December 7, 2017, the defendant Feng Chunfu stole the RMB 13,000 that the victim Chen had put in his coat pocket while the victim Chen was sleeping on the shuttle bus from Yulin to Luchuan (license plate number Gui K ×××××). Yuan. In summary, the defendant Feng Chunfu stole an amount of RMB 16,500. The public prosecution agency provided corresponding evidence to prove the above-mentioned facts. The public prosecution agency believes that the defendant Feng Chunfu's behavior violated the provisions of Article 264 of the Criminal Law of the People's Republic of China, and he should be held criminally responsible for the crime of theft. The defendant Feng Chunfu is a repeat offender and should be severely punished. Should be punished according to law. The defendant Feng Chunfu had no objection to the charges made by the public prosecution agency. After trial, it was found that: 1. At about 11 o'clock on November 11, 2017, the defendant Feng Chunfu took advantage of the opportunity of the victim Qin to get off the bus from Luchuan to Yulin (license plate number Gui K ×××××) and stole Qin's car. The wallet in the backpack contains more than 3,500 yuan, ID cards, bank cards and other items. The above facts include the case registration form, case filing decision, household registration certificate, arrest process, on-site inspection and inspection records, surveillance video screenshots and identification records, the victim Qin’s statement, and the defendant Feng Chunfu’s statement provided by the public prosecutor and cross-examined and certified by the court. Confirmation by evidence such as confessions is sufficient for determination. 2. On December 7, 2017, the defendant Feng Chunfu took advantage of the victim Chen’s sleep to steal the RMB 13,000 that Chen put in the inner pocket of his jacket on the shuttle bus from Yulin to Luchuan (license plate number Gui K ×××××) . Facts of the case: The above facts are confirmed by evidence such as cross-examination by the public prosecution agency and the court, certified case registration form, case filing decision, on-site investigation records, victim Chen’s statement, defendant Feng Chunfu’s confession, etc., and are sufficient for determination. It was also found that the defendant Feng Chunfu was sentenced to one year and one month in prison on December 17, 2015 for committing the crime of theft, and was released on November 8, 2016 after serving his sentence. The above facts are confirmed by evidence such as the criminal judgment of this court on relevant cases provided by the public prosecution agency in court and cross-examined and authenticated, the criminal judgment of Wuzhou Prison (2016) Wu Prison Sentence Release Certificate No. 1406, and the confession of defendant Feng Chunfu, which is sufficient to determine . To sum up, the defendant Feng Chunfu committed two crimes of theft, and the total amount of theft was **** RMB 16,500. This court held that the defendant Feng Chunfu stole other people's property on public transportation vehicles for the purpose of illegal possession. The amount was relatively large. His behavior violated criminal laws and constituted the crime of theft. The public prosecution agency accused Feng Chunfu of committing the crime of theft and was found guilty. Feng Chunfu was once sentenced to fixed-term imprisonment for intentional crimes, and within five years after his release, he intentionally committed a crime that should be sentenced to fixed-term imprisonment or more. He is a repeat offender and shall be severely punished in accordance with the law. After Feng Chunfu was brought to justice, he truthfully confessed his crime, which was a confession and could be given a lighter punishment according to law.
In accordance with Article 264, Article 65, Paragraph 1, Article 67, Paragraph 3, Article 64, Article 52, and Article 53 of the Criminal Law of the People's Republic of China Paragraph 1. According to Article 1, paragraph 1, Article 3, paragraph 4, and Article 14 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Theft", According to the provisions of Article 1, Paragraph 1 and Article 2, Paragraph 2 of "Provisions on Certain Issues in Penalty", Feng Chunfu shall be severely punished in accordance with the law. According to the provisions of Article 1, Article 2, Paragraph 1, Article 5, Article 8, and Article 11, Paragraph 1 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Property Penalty, the judgment is as follows: Case Result 1. Defendant Feng Chunfu was convicted of theft and sentenced to one year and nine months in prison and fined RMB 4,000. (The sentence is calculated from the date of execution of the judgment. If the sentence is detained before the execution of the judgment, one day of detention will be equivalent to one day of the sentence, that is, from January 12, 2018 to October 11, 2019. The fine will be imposed after this judgment takes effect. Payment must be made within one month; if payment is not made within the due date, payment will be compulsory). 2. Order the defendant Feng Chunfu to compensate the victim Qin Mouping for economic losses of RMB 3,500 and Chen Mouguang for economic losses of RMB 13,000. If you are dissatisfied with this judgment, you may appeal through this court or directly to the Intermediate People's Court of Yulin City, Guangxi Zhuang Autonomous Region within ten days from the second day after receiving the judgment. When making a written appeal, one original and eight copies of the appeal should be submitted.