Defendant Huan Wang, male, was born in Huainan City, Anhui Province on June 5, 199 1, Han nationality, unemployed and living in Tianjiaan District, Huainan City. 20 1 165438 In February, he was sentenced to one year and two months' imprisonment by the people's court of Shushan District, Hefei City for the crime of intentionally destroying property and illegal possession of guns. On suspicion of illegal detention, he was criminally detained by Tianjiaan Branch of Huainan Public Security Bureau on October 7, 20 15, and was approved by Tianjiaan District People's Procuratorate of Huainan City on February 20 15, and arrested by Tianjiaan Branch of Huainan Public Security Bureau the next day. Now detained in Huainan detention center.
Defendant Wang, male,1was born in June 1983 in Huainan City, Anhui Province, Han nationality, unemployed, and lives in Tianjiaan District, Huainan City. On suspicion of illegal detention, he was criminally detained by Tianjiaan Branch of Huainan Public Security Bureau on October 7th, 20 15. On February 15, the People's Procuratorate of Tianjiaan District of Huainan City made a decision not to approve the arrest, and Tianjiaan Branch of Huainan Public Security Bureau released him on bail on the same day. Approved by our hospital in September 1 1 and 20 15, he was arrested by Tianjiaan Branch of Huainan Public Security Bureau in September 17, 2065438. Now detained in Huainan detention center.
The People's Procuratorate of Tianjiaan District of Huainan City charged the defendant with the crime of illegal detention and the crime of opening a casino with indictment No.770 (20 15), and the defendant Wang committed the crime of illegal detention, and filed a public prosecution with our court on September 15, 2005. Our court applied summary procedure according to law, conducted a separate trial and heard the case in public. Tianjiaan District People's Procuratorate entrusted an agent to appear in court to support the public prosecution, and the defendant and the defendant Wang participated in the lawsuit. The trial of this case has now ended.
The People's Procuratorate of Tianjiaan District of Huainan City accused the victims Zhao and Zou Mojia of playing gambling machines in the gambling machine room run by the defendant in the lane opposite the Quanshan police station at about 10, 20 1 5 65438+210. That night, Zhao and Zou Mojia won money, and the waiter called the boss and asked Wang Huanlai to pay the bill. After arriving in the computer room, he said they cheated, so he invited Li (sentenced) and Wang Peng (handled separately) and others. They were forcibly taken to Lutang village sewage station and the open space on the north side of the east gate of the chemical fertilizer plant, which restricted their personal freedom and forced them to lose money. In the meantime, Li and Wang Peng beat them. After Li and Wang Peng left first, they asked Zhao to raise money. The defendant invited the defendant Wang to accompany them to Room 308 of Huangdu Sauna to continue to control Zou Moujia's personal freedom. After Zou Moujia took advantage of the unprepared opportunity of Wang and others, he sent a text message to his brothers Zou Mouyi and Zhao, asking them to call the police. After receiving the alarm, the police went to the "Huangdu Sauna" to rescue them and captured He Wang.
From February 2014 to February 20 15, the defendants Huan Wang and Chen Lei (handled separately) set up an electronic gambling machine business place in the first appearance room of Building 4 of Quanshan Community Service Center in this district, and the police seized a fishing machine (8) and an animal park machine in the gambling machine room.
The People's Procuratorate of Tianjiaan District of Huainan City believes that the defendant and Wang conspired with others to illegally restrict the personal freedom of others, and their actions have violated the provisions of the first paragraph of Article 25 and the first paragraph of Article 238 of the Criminal Law of People's Republic of China (PRC). If the facts of the crime are clear and the evidence is true and sufficient, the criminal responsibility of the two defendants should be investigated for the crime of illegal detention. Defendant Huan Wang provided gambling equipment for others to gamble and make profits from it, and his behavior violated the second paragraph of Article 303 of the Criminal Law of People's Republic of China (PRC), so he should be investigated for criminal responsibility for the crime of opening a casino. The defendant Huan Wang has committed several crimes. According to the first paragraph of Article 69 of the Criminal Law of People's Republic of China (PRC), several crimes should be punished together. Defendant Huan Wang committed another crime within five years after the execution of the penalty, and was a recidivist. According to the provisions of the first paragraph of Article 65 of the Criminal Law of People's Republic of China (PRC), it should be given a heavier punishment. According to Article 172 of the Criminal Procedure Law of People's Republic of China (PRC), if a public prosecution is initiated, please pass a different sentence according to law.
Defendant Huan Wang had no objection to the crime of illegal detention and the crime of opening a casino, and pleaded guilty.
Defendant Wang had no objection to the criminal facts and charges of the crime of illegal detention accused in the indictment, and pleaded guilty.
Through the experiment, it is found that: 1. The facts about illegal detention.
20 15 years1October 6 at about 2 1 hour, Zhao and Zou Moujia went to the gambling machine room operated by the defendant to play gambling machines. That evening, after Zhao and Zou won the money, the waiter called and asked them to pay. They went to the gambling room and said that they cheated, so they invited Li (sentenced), Wang Peng (handled separately) and others to forcibly take Zhao and Zou Moujia to the sewage station in Lutang Village and the open space on the north side of the east gate of the chemical fertilizer plant, restricting their personal freedom and forcing them to lose money. Li, Wang Peng and others beat them. Zhao suffered a head injury. The defendant and others took Zou Moujia and Zhao to the sauna in Huang Du. On the way, I left Li with Wang Pengxian. Zhao was asked to raise money, and the defendant Wang was taken to Room 308 of Huangdu Sauna, and he continued to control Zou Moujia's personal freedom and forced him to lose money. Zou Moujia and others were unprepared and sent a text message to his brother Zou Mouyi, asking him to call the police. At 3 o'clock the next morning, the public security police rescued Zou Moujia and arrested the defendant and Wang.
After the incident, the defendant, Wang and others compensated Zhao and Zou for RMB 20,000 and obtained their understanding.
Defendants and Wang have no objection to the above facts, and there are evidence materials such as report materials, on-site inspection records and photos, outpatient medical records, statements of victims Zou Moujia and Zhao Mou, testimonies of witnesses Zou Mouyi, Jiang Mou, Chen Moujia and B, confessions of accomplices Li, confessions of defendants and Wang Mou, identification transcripts and letters of understanding, which are sufficient for identification.
Second, the fact about opening casinos.
From June 2065438+February 2004 to June 2065438 +2005 10, the defendant Huan Wang and others set up a gambling machine room in the first facade of Building 4 of Quanshan Community Service Center in Tianjiaan District. On October 8th, 2065438+05/KLOC-0, 15, the police seized a fishing machine (8), a zoo machine (8) and a Red Star Plaza connecting machine (6) on the spot in the gambling room.
The defendant had no objection to the above facts during the trial, which was confirmed by evidence materials such as on-site inquests, inspection records and photos, seizure list, testimonies of witnesses Zou Moujia, Zhao Mou, Jiang Mou, Chen Moujia and Yi, confessions of the defendant and identification transcripts.
The above facts are also confirmed by the following evidence materials: (20 1 1) criminal judgment No.00365, No.00786, criminal judgment No.00786, and household registration certificate.
The court believes that the defendant and Wang colluded with others to illegally restrict the personal freedom of others, and their actions have constituted the crime of illegal detention and are joint crimes; Defendant Huan Wang provided gambling places and appliances for others, and his behavior constituted the crime of opening a casino. The court confirmed the criminal facts and charges accused by the public prosecution agency. Defendant Huan Wang committed several crimes and should be punished for several crimes. Defendant Wang Huan was sentenced to more than fixed-term imprisonment for a crime, and after the execution of the penalty, he committed the crime of more than fixed-term imprisonment within five years, which is a recidivist and should be severely punished according to law. The defendant and Wang can be given a lighter punishment if they truthfully confess their criminal acts after being brought to justice. After the defendant and Wang obtained the understanding of the victim, they may be given a lighter punishment as appropriate. According to the first paragraph of Article 238, the second paragraph of Article 303, the first paragraph of Article 25, the first paragraph of Article 69, the first paragraph of Article 65 and the third paragraph of Article 67 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
1. Defendant Huan Wang was convicted of illegal detention and sentenced to six months' imprisonment; He was convicted of opening a casino, sentenced to six months in prison and fined 20,000 yuan. Combined punishment for several crimes, he decided to execute fixed-term imprisonment 10 month and fined 20,000 yuan.
(The term of imprisonment shall be counted from the date of execution of the judgment. In case of detention before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment, that is, from 20 15 1.7 to 20 15 1.6. )
Defendant Wang committed the crime of illegal detention and was sentenced to five months' criminal detention.
(The term of imprisonment shall be counted from the date of execution of the judgment. In case of detention before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from September 20 15 to September 20 16+10/0. )
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Huainan City, Anhui 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.
Judge Li Lingyun.