Around 65,438+06, 65,438+05, 65,438+09, the defendant Zhu Moumou scraped the fruit stall of 2 when he drove the vehicle driven by 65,438+0 (handled separately) to the market of Qiujia Nvgu Village, Liuting Street, Chengyang District. After that, the two sides had a dispute over compensation and had a fight. Zhu moumou and 65440. After forensic identification, Chen Mou 2' s injury constitutes a minor injury.
Hangzhou criminal lawyer's defense viewpoint;
The defendant plays a secondary and auxiliary role in the same crime and is an accessory; After the defendant arrives at the case, he truthfully confesses his crimes, which is a confession and can be given a lighter punishment according to law; First or occasional offense; Confess a crime, repent.
The court held that:
The defendant Zhu's behavior has constituted the crime of picking quarrels and provoking troubles, and the accusation of the public prosecution agency was established. Regarding the defender's defense opinion that the defendant is an accomplice, after investigation, the defendant Zhu Moumou and others actively beat the victim, causing minor injuries to the victim, which played a major role in the accomplice crime. As a principal offender, he should be punished according to all the crimes he participated in. This defense opinion has no factual and legal basis and will not be adopted by our court. Other defense opinions were found to be true and adopted by our court. After arriving at the case, truthfully confess your crimes, plead guilty and admit punishment, and you can be given a lighter punishment according to law. Based on the defendant Zhu Moumou's specific criminal facts, nature, circumstances, personal danger, social harmfulness and the role he played in the joint crime, he was sentenced according to law in accordance with the provisions of the first paragraph of Article 293, the first paragraph of Article 25, the fourth paragraph of Article 26, the third paragraph of Article 61 and Article 67 of the Criminal Law of People's Republic of China (PRC).
The defendant Zhu Moumou committed the crime of seeking trouble and was sentenced to one year and three months in prison.
Legal basis: Article 293 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance if it commits one of the following acts:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(four) together in a public place. Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.