The gang members organized 25 delinquent women to engage in prostitution and made a profit of 1.506 million yuan in two months. As a result, several gang members were sentenced to fixed-term imprisonment ranging from 11 years to 1 year and 4 months, and Penalties range from 300,000 to 1,000 yuan. Would you say it's heavy or light? The Procuratorate of Jiacheng District, Ningde City, Fujian Province released case information, disclosed the details of the case, and lodged a protest against the verdict of the case: the sentence was light. Today, the author will take you to see the specific details of the case.
It is reported that the case involves 7 people, namely Huang Jianmin, male, 31 years old, who has been punished by the police for intentional injury and drug-related crimes; Zhang Shuwen, male, 34 years old, has been punished by the police for gambling Twice; Ma Jinping, female, 39 years old; Lan Moumou, male, 30 years old; Lei Moumou, male, 26 years old; Huang Moumou, male, 28 years old. The six people were criminally detained by the Jiaocheng Branch of the Ningde City Public Security Bureau on March 23, 2018. On April 27 of the same year, they were arrested by the police in accordance with the law on suspicion of organizing prostitution. Li Moumou, female, 31 years old, was released on bail by the police on June 29, 2018, on suspicion of assisting in organizing prostitution.
The indictment shows that from January 10, 2018 to March 22, 2018, Huang Jianmin, together with Zhang Shuwen, Ma Jinping, Lin Moumou (handled in another case), Liu Moumou (handled in another case), and Organization 25 A woman engaged in prostitution in a guest room on the 5th and 6th floors of a hotel in Jiaocheng District, Ningde City, and successively hired Li XX, Lan XX, Lei XX, Huang XX, Liu XX, and Xu XX (all handled separately) and others assisted in the conduct of prostitution.
This prostitution place implements a management model in which the waiters are managed by the foreman, who is managed by the manager, and the prostitutes are managed by the "mommy" and the manager, and the manager and "mommy" are responsible to the boss, and use clock-in sheets, Time clocks are used to register prostitution establishments and formulate measures for attendance, rewards and punishments. We also use punch sheets and time clock sheets to register prostitution and whoring in the establishments, and formulate systems such as attendance, rewards and punishments, and deposits to manage prostitution and whoring personnel.
Huang Jianmin is the owner of the brothel. Zhang Shuwen is the manager of the place, responsible for managing the daily affairs of the prostitution place, extracting and managing prostitution income, checking the attendance of prostitutes, paying wages to prostitutes, etc., and receiving a commission of 7 yuan from each prostitution income. Ma Jinping is the "mommy" of the brothel, responsible for recruiting and managing prostitutes, and receives a 20 yuan commission from each prostitution income. Lin Moumou and Liu Moumou are the foremen of prostitution places. They are responsible for managing service personnel, leading prostitutes to the rooms for customers to choose from, and receiving a commission of 3 yuan from each prostitution income.
Li Moumou is the financial staff of the prostitution place and is responsible for making the daily business income and expenditure diary of the prostitution place, the salary ledger of prostitutes, and the monthly general ledger of the place's income and expenditure, etc. Lan Moumou, Lei Moumou, Huang Moumou, and Xu Moumou were service staff of the prostitution place. Lan Moumou, Lei Moumou, Huang Moumou and others were responsible for receiving guests, cleaning rooms, collecting money, and leading prostitutes. Go to the room for guest selection and other work. Liu Moumou is the driver of a prostitution place and is responsible for picking up and dropping off clients.
In the early morning of March 22, 2018, the Ningde City Police seized 1 prostitute and 8 clients during an operation in this place, and arrested the defendants Huang Jianmin and Zhang Shuwen who were suspected of organizing and assisting in organizing prostitution. , Ma Jinping, Lan Moumou, Lei Moumou, Huang Moumou, Liu Moumou, Xu Moumou, clock work sheets, time clock sheets, attendance sheets and other materials were seized on site. June 28, 2018 On June 28, the public security organs captured the defendant Li Moumou. It was later identified that in just over 60 days from January 10, 2018 to March 19, 2018, Huang Jianmin and others organized a prostitution racket and made a profit of more than 1.506 million yuan.
In January 2019, the local procuratorate launched a public prosecution. Huang Jianmin, Zhang Shuwen and Ma Jinping organized 25 prostitutes to engage in prostitution through recruitment, management and other means, making illegal profits of more than 1.506 million yuan. 5.06 million yuan. The circumstances are serious, the criminal facts are clear, and the evidence is reliable and sufficient. They should be held criminally responsible for the crime of organizing prostitution; Lan Moumou, Lei Moumou, Li Moumou, and Huang Moumou assisted others in organizing prostitution. The criminal facts are clear. The evidence is reliable and sufficient, and he should be held criminally responsible for the crime of assisting in organizing prostitution. The defendant Huang Jianmin has meritorious service in exposing other people's criminal acts and may be given a lighter punishment.
Soon after, the People's Court of Jiaocheng District, Ningde City made a first-instance verdict on the case: Huang Jianmin was guilty of organizing prostitution and was sentenced to 11 years in prison and fined 300,000 yuan; Zhang Shuwen was guilty of organizing prostitution and was sentenced to 11 years in prison. He was sentenced to 10 years and 6 months in prison and fined 40,000 yuan; Ma Jinping was sentenced to 10 years and 6 months in prison and fined 30,000 yuan for organizing prostitution; Lan Moumou was sentenced to 10 years in prison for assisting the organization of prostitution. Years and six months and a fine of 30,000 yuan; Lan was sentenced to 1 year and 4 months in prison and fined 20,000 yuan for assisting in organizing prostitution; Lei and Huang were sentenced to 1 year and 4 months in prison and fined 20,000 yuan; Lei and Huang were sentenced to 1 year and 4 months in prison for assisting in organizing prostitution. He was sentenced to 1 year and 4 months in prison and fined 1,000 yuan; Li Moumou was convicted of assisting in organizing prostitution and was sentenced to 1 year and 4 months in prison, suspended for 1 year and 6 months, and fined 8,000 yuan.
After the verdict of the case was pronounced, at the end of December 2019, the Ningde City Procuratorate filed a protest, believing that the fines imposed on Huang Jianmin, Zhang Shuwen, and Ma Jinping were unusually light, which was an error in the application of the law, resulting in obviously inappropriate fines; for Lei The fact that XX and Huang XX made personal profits was incorrectly determined, which resulted in an obvious imbalance in punishment and sentencing; Lan XX was sentenced to a fine of 20,000 yuan, which was much higher than that of the same case XX. It has a larger effect and also leads to an imbalance in fines and sentencing.
The procuratorial organ believed that the defendant Huang Jianmin and others made illegal profits totaling RMB 1,505,814. The court of first instance also ruled that their illegal profits amounted to RMB 1,505,814. However, the court of first instance determined that the defendant’s actual criminal proceeds were two percent of the total. A fine of more than 100 times was imposed, which was an error in the application of law. The procuratorial organ believes that the connotations of criminal proceeds and illegal gains are consistent, and both refer to the total criminal proceeds of criminals, rather than "profits". Whether it is prostitution itself, or organizing, forcing, luring, harboring, or introducing prostitution, it is a crime. The negative evaluation of such behavior by the law determines that the economic benefits obtained by the perpetrators of such behavior are illegal.
In addition, the procuratorial organ believes that the court of first instance found that the defendant Huang Moumou made a profit of 300 yuan, but the defendant Lei Moumou did not make a profit, and the fact was wrong. After the defendant Huang Moumou arrived at the case, he argued that he was hired to work at this place in February 2018 and only received a salary of 300 yuan. The defendant Lei Moumou came to the case and argued that he was hired to work at the place on February 13, 2018 and did not receive wages. However, evidence such as mobile phone payment transaction records in this case confirmed that at the beginning of the operation of the prostitution place, the mobile phones of defendants Lei, Huang, and Lan were already collecting money from clients.
The procuratorial organ also pointed out that on September 26, 2019, the court of first instance sentenced the co-defendant Liu Moumou in this case to one year and four months in prison and a fine of 3,000 yuan for the crime of assisting in organizing prostitution. The court found that Liu made an illegal profit of more than 6,000 yuan, but only sentenced him to a fine of 3,000 yuan. Lei Moumou, Huang Moumou, and Lan Moumou confessed that Liu Moumou was a foreman. After Liu Moumou arrived at the case, he argued that he was a fellow villager of Zhang Shuwen, so Zhang Shuwen gave him the status of foreman and a monthly salary of 6,000 yuan. The evidence in the case is sufficient to prove that Liu's salary is twice that of Lan Shuangfeng and others, reflecting that Liu's criminal status is higher than that of Lan and others. However, the 20,000 yuan fine imposed on defendant Lan in the first instance was far less than that of Lan Shuangfeng and others. The fine was higher than Liu Moumou's, and the sentencing was obviously inappropriate.
"Pornography, gambling and drugs" are called social cancers, and law enforcement agencies have always had "zero tolerance". What do you think about this case? Welcome to leave a message