Cause of action: crime of opening a casino
Referee date: 2020-0 1- 19.
Trial process
The People's Procuratorate of Chaoyang District of Shantou City accused the defendant Chen Jinhui of the crime of opening a casino with the indictment of Chaoyang Inspection [2020] No.29, and filed a public prosecution with our hospital on June 5438+1October 65438+April 2020. Our court applied summary procedure in accordance with the law, formed a collegial panel, and heard the case in public. Wu Xiangang, the procurator appointed by the People's Procuratorate of Chaoyang District, Shantou City, appeared in court to support the public prosecution, and the defendant Chen Jinhui attended the lawsuit. The trial is now over.
First instance request
The People's Procuratorate of Chaoyang District, Shantou City accused the co-defendant (sentenced) of opening Mark Six Lottery agent gambling sites (website: 66 1.s3839.us, account number: as 1 122) to Guo (handled separately) in early February 2007. Liu, the co-defendant, sent the details of accepting other people's bets to the co-defendant through WeChat, and the co-defendant placed bets in the gambling sites account of Mark Six Lottery, from which he made a profit. On April 20 18, the defendant, the boyfriend of co-defendant Liu, chose the betting number from the amount that co-defendant Liu accepted from others by "eating yards" and settled with co-defendant Liu through WeChat, with the settlement amount of 84 17 yuan. On June 5, 20 19, the defendant Chen Jinhui was arrested and brought to justice by the public security organs.
We found that
It was also found that on June 9, 2020, the defendant Chen Jinhui signed a letter of commitment to plead guilty and admit punishment under the witness of duty lawyer Lin Chutao.
The public prosecution agency suggested that the defendant Chen Jinhui be sentenced to fixed-term imprisonment of more than four months and less than eight months and fined.
The defendant had no objection to the above facts and sentencing suggestions during the trial. He pleaded guilty in court and voluntarily pleaded guilty. There were testimonies and identification records of witnesses Zhang Haihang, Zheng Suiqin and Guo Zhongcan, confessions and identification records of co-defendants and Liu, confessions and identification records of defendants in public security organs, case registration form, arrest process, situation description, transaction records, screenshots of gambling places and WeChat chat records, but none.
The court held that
We believe that Chen Jinhui, the defendant, ignored the laws of the country, set up a casino as a gambling place in order to obtain illegal income, and accepted bets from others, which hindered the social management order and ruined good social customs, and his behavior constituted the crime of opening a casino. Belong to * * * and crime. The fact that the public prosecution agency accused the defendant Chen Jinhui of opening a casino was clear, the evidence was true and sufficient, and the defendant was found guilty. In view of the fact that the defendant Chen Jinhui confessed and voluntarily pleaded guilty after being brought to justice, and actively paid the fine in advance, he did show remorse, and declared that the probation had no significant adverse effects on the community where he lived, so he could be given a lighter punishment and suspended according to law. The sentencing proposal put forward by the public prosecution agency is appropriate and can be adopted. According to the provisions of Paragraph 2 of Article 303, Paragraph 1 of Article 25, Paragraph 3 of Article 67, Paragraph 1 and Paragraph 3 of Article 72 of the Criminal Law of People's Republic of China (PRC) and Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Gambling Criminal Cases, the verdict is as follows:
Referee result
Defendant Chen Jinhui was convicted of opening a casino, sentenced to six months' criminal detention, suspended for one year and fined 6,000 yuan.
(The probation period of probation shall be counted from the date when the judgment is determined. )
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Shantou City, Guangdong Province 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.
Judges
Presiding Judge Lin Shiping
People's juror Yao Xiyou
People's juror Wang Nanyan
Referee date
2020 1 month 19
office worker
Clerk Lin Yiting.