(2003) LaSalle ChuziNo.. 14 1
Public Prosecution Organ Lishui liandu People's Procuratorate.
Defendant Dong Wenhua (deaf-mute), male, 198 1 year 1 month 2 1 day, was born in Cangnan county, Zhejiang province, Han nationality, primary school culture, farmer, and lived in an omitted place. On April 3, 2006, he was sentenced to four months' criminal detention by Cangnan County People's Court of Zhejiang Province for committing theft. Suspected of theft, he was criminally detained on April 12, 2003 and arrested on May 14 of the same year. Now detained in Lishui detention center.
Designated defender Liang Zhiwei, lawyer of Zhejiang Chuzhou Law Firm.
Translator Xie Zenghua, teacher of Lishui Deaf-mute School.
The People's Procuratorate of liandu, Lishui City accused the defendant Dong Wenhua of committing theft with the indictment of Liandu Criminal Inspection Zi (2003)No. 124, and filed a public prosecution with our hospital on June 25th, 2003. Our court formed a collegial panel according to law and heard the case in public. The People's Procuratorate of liandu City, Lishui City appointed prosecutor Wang Yunjun to appear in court to support the public prosecution, and defendant Dong Wenhua, his appointed defender Liang Zhiwei and translator Xie Zenghua attended the proceedings. The trial is now over.
It was found through trial that on the afternoon of April 1 1, 2003, the defendant Dong Wenhua and others went downstairs to Building 2 12, Yuan Yin Community, Liandu City, Lishui City, and stole a motorcycle with the license plate "Qianjiang" 125 (Zhejiang K A70 18). When the car stopped at the entrance of Zhongshan Street Business Department of Liandu Credit Cooperative, the defendant Dong Wenhua was found by the victim and was arrested. After identification, the value of the stolen motorcycle is RMB 265,438 +0.20. After the incident, the car was taken back by the victim.
Defendant Dong Wenhua had no objection to the above facts during the trial, which was confirmed by the household registration certificate of Defendant Dong Wenhua, the confession of Defendant Dong Wenhua, the statement and receipt of Victim Wang Lifang, the testimony of witness Wu Zengwei, the list of items seized by Lishui Public Security Bureau Liandu Branch, the price appraisal conclusion of Lishui Liandu Price Certification Center, and the evidence of Cangnan County People's Court (200 1) No.263 criminal judgment.
We believe that the defendant Dong Wenhua secretly stole other people's property with others for the purpose of illegal possession, and the amount was relatively large, which constituted the crime of theft. The accusation of the public prosecution agency is established and our court supports it. Defendant Dong Wenhua is a deaf-mute and has a good attitude of pleading guilty after being brought to justice. The stolen motorcycle has been recovered and given a lighter punishment. Defender's defense opinion on the lighter punishment of defendant Dong Wenhua is in line with facts and laws, and it is adopted by our court. In order to protect citizens' property rights, according to the provisions of Articles 264 and 19 of the Criminal Law of People's Republic of China (PRC), the judgment is as follows:
Defendant Dong Wenhua was convicted of theft, sentenced to four months' criminal detention and fined RMB 1000 yuan (the sentence shall be counted from the date of execution of the judgment). If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day.