The People's Procuratorate of Baoan District, Shenzhen City accused the defendant Ma of theft with the indictment of Shenzhen Procuratorate v. * * * * * * *, and filed a public prosecution with our court. After the court accepted the case, a collegiate bench was formed according to law and the case was heard in public. The public prosecution agency entrusted the acting prosecutor Zhang to appear in court to support the public prosecution, and the defendant Ma attended the lawsuit. The trial is now over.
It was found through trial that: 1, 20 1 1 At 3 o'clock in the morning of September, the defendant came to the kitchen window behind the victim He Mouli, No.4 Hengxiang, Baishixia West District, Fuyong Street, and used a wooden stick picked up by the roadside to pry open the security net on the window, then opened the window and climbed into the tobacco hotel from the window. Eight bottles of Moutai (unable to bid), two cakes of Pu 'er tea, various cigarettes 165 packets (worth 2480 yuan), a second-generation ID card in the victim's handbag and more than 60 yuan were stolen. After that, 7 bottles of Moutai, 2 cakes of Pu 'er tea and different kinds of cigarettes 165 packets were returned.
2. 2011At 2 o'clock in the morning on September 22nd, the defendant Ma came to the back door of the victim Song's cosmetics store in Longxiang North Road, Fuyong Street, pried open the wooden door behind the store with a screwdriver prepared in advance, entered the store through the back door, and put 42 different kinds of cosmetics on the counter, a desktop computer host at the cashier and a computer monitor (worth 65,438 yuan).
3. 2011At 4 o'clock in the morning on September 22nd, the defendant Ma came to the door of the victim Feng's electrical appliance store on the first floor of Building 22, Yuhua Garden West, Baishixia, Fuyong, lifted the shutter by hand to a height of about 50 cm from the ground, got into the store from the gap under the shutter, and put a Dell notebook computer (worth 3 18) in it.
4. Around 2011September 22 10, the defendant Ma passed by the store door of Wang Moujun, the victim of No.6 Lane, Yonganfang, Baishixia, Fuyong, and found a black satchel on the beer box on the left side of the store door, so the defendant Ma stole the black satchel from the beer box while the owner was not paying attention. The bag contains more than 600 yuan in cash, 520 yuan dollars, a black Gionee A5 mobile phone, a screwdriver, a wrench and a vise.
On September 22, after receiving the police, the public security organ confirmed that Ma was suspected of committing a crime by taking surveillance video, and arrested him in Room 508 of an apartment in Lane Baishixia 15, Fuyong District, Baoan District, and seized 42 pieces of various cosmetics, 7 bottles of Moutai, 2 pieces of Pu 'er tea, various cigarettes 165 packets, black Jinli mobile phone 1 unit and black Dell notebook. After identification, the value of the seized stolen goods is RMB 194 15.00 yuan.
The defendant Ma had no objection to the above facts during the trial, which was confirmed by the statements of the victims He Moli, Song, Feng and Wang Moujun in the trial, the testimony of the witness Ping, physical evidence, the arrest process, the appraisal conclusion, the on-site investigation record, audio-visual materials and other documentary evidence. This is enough to be confirmed.
We believe that the defendant Ma ignored the national laws and secretly stole other people's property for the purpose of illegal possession for many times, and the amount was huge, which constituted theft. The prosecutor charged him with guilt. In view of the defendant's truthful confession after being brought to justice, and most of the stolen goods have been recovered, he may be given a lighter punishment as appropriate. Repeated theft should be considered when sentencing. According to the provisions of Article 264 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
Defendant Ma was convicted of theft, sentenced to three years' imprisonment and fined RMB 1,000, which will be executed within one month after this judgment becomes legally effective.
(The term of imprisonment shall be calculated from the effective date of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be converted into one day of imprisonment, that is, from September 22nd, 201year to September 22nd, 201year).