According to reports, the defendants Zou Mou (male, 15 years old), Li Mou (male, 15 years old, student) and (male, 16 years old) are all from Changjiang Town, Renhua County. Since last year, three people have been addicted to online games all day. They spent all the pocket money given by their parents because of surfing the Internet. In order to continue to have money to play games, three people had the idea of robbing students.
One afternoon in June, 2004, 5438+065438+ 10, Li, Zou, Yang and others asked Liu, a middle school student, for money in vain, and punched and kicked him. Among them, Yang also tied the nylon bag into a rope to strangle Liu, and finally found 5 yuan money from Liu; One afternoon in March this year, Li, Zou and others fled to the lawn in front of the town government. When they saw a middle school student, Xiao Zou, they threatened Xiao Zou with a pencil sharpener, saying that they would scratch Xiao Zou's face if they didn't give money, and they seemed to hit Xiao Zou with a bottle. From Xiao Zou, I found 4 yuan.
In this way, from June last year 165438+ 10 to April this year, three defendants repeatedly robbed students in a middle school in this county by means of violence and threats, and more than 60 students were injured.
Although the three defendants are not adults, according to Article 17 of the Criminal Law of our country, a person who has reached the age of 16 commits a crime and should bear criminal responsibility. A person who has reached the age of 14 but is under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning, and shall bear criminal responsibility. " Three people have been suspected of robbery, and the Renhua County Procuratorate has filed a public prosecution with the court according to law.
Judgment result:
After trial by Renhua County People's Court, the defendants Zou, Li and Yang committed robbery and were sentenced to 5 years' imprisonment, 4 years and 6 months' imprisonment and 3 years and 6 months' imprisonment respectively, and fined 1000 yuan.
Teenagers' criminal motives are often simple, emotional and impulsive, and they are not good at controlling themselves. Their purpose is single, random and less premeditated. Without careful consideration and planning in advance, people will often be induced and stimulated by some factors, or suddenly commit crimes on impulse.
At about 23 o'clock on August 5 last year, when Han was surfing the Internet in an Internet cafe in Wushan County, he found that a female student of a normal university who was surfing the Internet in the Internet cafe was using a mobile phone, so he robbed. When he left the Internet cafe to go home, Han followed him and opened the folding knife. At the stairs of a unit's family hospital, Han threatened Chen Mou to hand over his mobile phone with a knife, and Chen Mou handed over his own mobile phone V5 100 under the threat of violence from Han. Han grabbed the phone and fled the scene. On August 27th, accompanied by his mother, Han surrendered himself to Wushan County Public Security Bureau and handed over the robbed mobile phone. Appraised by Wushan County Price Bureau, the mobile phone is worth RMB 350 yuan.
Korea has no national laws, and for the purpose of illegal possession, it robbed with a knife. His behavior has violated the criminal law and constituted robbery. In view of the fact that the defendant Han surrendered himself automatically after the crime and was able to truthfully confess his crime, the household registration certificate confirmed that the defendant Han was under 18 years old when he committed the crime, and the circumstances of the crime were minor, so he was a first-time offender and should be given a lighter punishment according to law. The Wushan County People's Court adhered to the principle of giving priority to education and giving priority to punishment, and sentenced the defendant Han to three years' imprisonment, suspended for four years, and fined RMB 3,000.
Comments on Lawyer Yao Jianbiao of Zhejiang Liuhe Law Firm;
Robbery infringes on dual objects, one is the victim's ownership of his own property, and the other is the victim's personal right to himself. In this case, although Han only grabbed 350 yuan RMB, the amount was not large, but it caused a serious threat to the victim's body and caused great mental and psychological panic to the victim. Therefore, robbery can be convicted and sentenced regardless of the amount of property robbed. As long as the perpetrator uses violence, threats or other methods for the purpose of illegal possession of property, regardless of the amount of property robbed, he can be found guilty. Of course, the greater the amount of property robbed, the heavier the natural sentence.
At the same time, after committing a crime, in order to effectively reduce your guilt, you should take the initiative to surrender and truthfully confess your crimes. Legally called surrender. Those who surrender themselves shall be given a lighter or mitigated punishment according to law. Of course, exposing other people's crimes is meritorious service, and the punishment can be lightened or mitigated according to law.
Therefore, in this case, Han's knife robbery itself was serious, but he was able to surrender himself after committing the crime, and combined with his being a minor, he was a first-time offender, and the court gave him a lighter punishment according to law.
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