Many people robbed the supermarket with toy pistols in Yiyang, Hunan. What punishment will the suspect face?

Many people robbed the supermarket with toy pistols in Yiyang, Hunan Province, and the suspect will face the punishment of robbery, with imprisonment of more than 3 years 10 years and a fine.

I. Case Replay A robbery occurred in a supermarket in Yuanjiang, Yiyang, Hunan Province this morning. The suspect fled the scene with a pistol (suspected), but fortunately there were no casualties at the scene. The day after the incident, the police arrested several suspects and seized two toy pistols.

2. Robbery According to Article 263 of the Criminal Law of People's Republic of China (PRC), robbery refers to the act of forcibly seizing public or private property by violence, coercion or other means from the owner or custodian of the property for the purpose of illegal possession. If the crime is committed, the offender shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years and fined.

The criminal suspect in this case, subjectively out of direct intention, and for the purpose of illegal possession of public and private property, objectively showed that he used violence, coercion or other means to rob the owner, holder or custodian of the property on the spot, or forced him to hand over the property on the spot.

Third, the gun problem The focus of this case is the gun problem. Anyone who uses a real gun in this case belongs to armed robbery, and should be sentenced to fixed-term imprisonment of 10 years or more, life imprisonment or death, and be fined or confiscated.

The definition of gun holding in criminal law is: gun holding refers to criminals holding guns or showing guns to victims during robbery. Whether the perpetrator actually uses a gun does not affect the determination of the situation. It should be noted here that the guns held by criminal suspects should belong to the category of guns stipulated by the gun management department of public security organs.

Combined with the analysis of this case, the criminal suspect in this case does not constitute armed robbery. Although the gun used showed the gun to the victim, it was not the type of gun stipulated by the gun management department of the public security organ, but only a toy gun, so there was no statutory aggravating circumstance.