Party information
Public prosecution organ Wenling Municipal People's Procuratorate.
Defendant * * *, male, was born in Wenling City, Zhejiang Province in * * *, Han nationality, primary school culture, farmer, and lives in Wenling City, Zhejiang Province. Because of this case, he was criminally detained by Wenling Public Security Bureau on June 5438+1October 265438+1October 27, 2020, and was arrested in accordance with the law on June 5438+065438+1October 27 of the same year and detained in Wenling Detention Center. Upon the decision of our hospital, he was released on bail on March 20 15.
Defender Yuan Weili, lawyer of Zhejiang Law School (Wenling) Law Firm.
Defendant Chen Yan, female, was born in Wenling City, Zhejiang Province in * * *, Han nationality, junior high school education, farmer, and lives in Wenling City, Zhejiang Province. Because of this case, he was criminally detained by Wenling Public Security Bureau on June 5438+1October 265438+1October 27, 2020, and was arrested in accordance with the law on June 5438+065438+1October 27 of the same year and detained in Wenling Detention Center. Upon the decision of our hospital, he was released on bail on March 20 15.
Defender Zhang Hegang, lawyer of Hubei Today (Enshi) Law Firm.
Defendant Liu Jiyuan, male, was born in yushu city, Jilin Province in * * *, Han nationality, junior high school education, farmer, and lives in yushu city, Jilin Province. Because of this case, he was detained by Wenling Public Security Bureau on June 5438+1October 265438+1October 2020, and was released on bail on October 27th of the same year.
Defendant Chen, female, was born in Yuhuan City, Zhejiang Province in * * *, Han nationality, junior high school education, farmer, and lives in Yuhuan City, Zhejiang Province. Because of this case, he was detained by Wenling Public Security Bureau on October 28th, 2020, and released on bail on October 27th, 2020.
Defendant Wang Weihong, female, was born in Wenling City, Zhejiang Province in * * *, Han nationality, junior high school education, farmer, and lives in Wenling City, Zhejiang Province. On May 20, 2009, he was administratively detained by Wenling Public Security Bureau for taking drugs 15 days; 20 16 May16 was fined 500 yuan by Wenling Public Security Bureau for gambling; 202113 was administratively detained by Wenling Public Security Bureau 10 day (not executed due to pregnancy) and fined 500 yuan. Because of this case, he was released on bail by Wenling Public Security Bureau on October 26th, 2020.
Defendant Wang Hongchao, female, was born in panshi city, Jilin Province in * * *, Han nationality, with a bachelor's degree, and now lives in Dongli District, Tianjin. Because of this case, he was detained by Wenling Public Security Bureau in June 5438+February 18, 2020, and released on bail in June 5438+1October 65438+May, 2026.
Defender Jin, lawyer of Zhejiang Law School (Wenling) Law Firm.
Trial process
On February 26th, 20021year, Wenling People's Procuratorate prosecuted the defendants * * * *, Liu Jiyuan, Chen, and. After the court accepted the case, the summary procedure was applied according to law, and a collegiate bench was formed to hear the case publicly. Wenling Municipal People's Procuratorate appointed prosecutor Yang Lihua to appear in court to support the public prosecution. Defendant Yuan Weili, Defendant and Defender Zhang Hegang, Defendants Liu Jiyuan and Chen, Defendant and Defender Jin attended the proceedings. The trial is now over.
It was found through trial that:
From 00: 00/kloc-0: 00 in 2020 to 00: 00/kloc-0: 00 in 2020, the defendant * * * formed a gambling group with WeChat and Alipay and formulated gambling rules, which attracted more than 20 gamblers to gamble in the group and recruited the defendant, Liu Jiyuan, Chen and others as contractors. The developer distributes each red envelope with the amount of 185 yuan in the gambling group, and the gamblers in the gambling group return 200 yuan to the developer according to the gambling rules, with the difference of 15 yuan as the tap profit of the casino (in which the developer gets 3 yuan, and the remaining 12 yuan and Chen Yanping share equally). During the opening of the casino, the defendants, Liu Jiyuan and Chen, respectively distributed red envelopes of 7 15 yuan, 362 yuan, 325 yuan and 447 yuan. The amount of gambling reached RMB 342,065, and the profit of casino taps was at least RMB 27,000. Excluding the casino's fees for rewarding gamblers, the defendant * * * illegally gained RMB 105 10.50, and the defendant Chen Yan illegally gained RMB 105 10.50. During the participation of defendant Liu Jiyuan, the amount of gambling in the casino was RMB 222,925, and defendant Liu Jiyuan made an illegal profit of RMB 1086; During the participation of defendant Chen, the amount of gambling in the casino was RMB 208,495, and defendant Chen made an illegal profit of RMB 975. During the participation of defendant Wang Weihong, the amount of gambling in the casino was RMB 208 125 yuan, and defendant Wang Weihong illegally gained RMB 320 yuan; During the participation of defendant Wang Hongchao, the amount of gambling in the casino was RMB 1602 10 yuan, and defendant Wang Hongchao illegally gained RMB 2 145 yuan.
On June 20th, 2020 10, the police of Shitang Town Police Station of Wenling City Public Security Bureau captured the defendant * * * * in the room of XX Building in XX Town of this city, Chen Yan in XX Street and Liu Jiyuan in XX Hairdressing Shop. On June 27th, 2020 10, the police of Shitang Town Police Station of Wenling City Public Security Bureau arrested the defendant Chen at the roadside of XX Village, XX Street; On June 25th, 2020 10, the defendant Wang Weihong was summoned by the police to Shitang police station for investigation; On June 5438+February 65438+February 8, 2020, the police of Xinjiayuan Police Station of Jinnan Branch of Tianjin Public Security Bureau arrested the defendant Wang Hongchao by the roadside, and the police of Shitang Police Station brought the defendant Wang Hongchao back to Wenling on February 24, 2020. Defendants * * * * *, Chen Yan, Liu Jiyuan, Chen, and all truthfully confessed the facts involved.
The defendants, Liu Jiyuan, Chen, Chen, and Chen voluntarily pleaded guilty and pleaded guilty. Defendant Chen Yan accepted the sentencing proposal put forward by the public prosecution agency, sentenced him to one year and seven months' imprisonment and fined RMB 30,000. Defendants Liu Jiyuan and Chen approved the sentencing proposal put forward by the public prosecution agency to be sentenced to seven months in prison, suspended and fined for the crime of opening a casino; Defendant Wang Weihong recognized the sentencing proposal put forward by the public prosecution agency that he was sentenced to seven months in prison and fined for the crime of opening a casino; Defendant Wang Hongchao recognized the sentencing proposal put forward by the public prosecution agency that he was sentenced to six months' imprisonment, suspended for one year and fined for the crime of opening a casino.
During the trial, the defendant * * * voluntarily pleaded guilty and recognized the sentencing proposal put forward by the public prosecution agency, which was sentenced to one year and nine months, suspended for two years, and fined RMB 40,000. The public prosecution agency also adjusted the sentencing proposal for the defendant Chen Yan, suggesting that the defendant Chen Yan be sentenced to one year and seven months' imprisonment, suspended for two years, and fined RMB 40,000. Defendant Chen Yan agreed to the above sentencing proposal and signed the confession and repentance.
During the trial, the defendants * * * * *, Liu Jiyuan, Chen, and have no objection to the above facts, and have the testimony of witnesses Luo Mou, Zhao Mou and Wang Mou, and the confessions of the defendants * * * * *, Chen Yan, Liu Jiyuan, Chen, and Wang Hongchao, and extracted the transcripts.
Court view
We believe that the defendant * * * opened a casino with a partner for the purpose of making profits, and the defendants Liu Jiyuan, Chen, and Chen provided help to others knowing that they opened a casino, all of which constituted the crime of opening a casino, which was a joint crime of * * * *. The prosecutor charged him with guilt. Defendants * * * *, Liu Jiyuan, Chen, and opened a casino on March 1 day, 20265438, that is, before the implementation of the People's Republic of China (PRC) * * * and the Criminal Law Amendment (XI). According to the principle of "lighter punishment from the old" in the criminal law, in the crime of * * * * *. Defendant Wang Weihong has a bad record and should be given a heavier punishment as appropriate. In view of the fact that the defendant * * * confessed his criminal facts truthfully after he was brought to justice, he was able to plead guilty and admit punishment at the court trial stage; Defendant Chen Yan confessed his criminal facts truthfully after being brought to justice, and was able to plead guilty and admit punishment. Defendants Liu Jiyuan, Chen, Chen and Chen played a minor role in the crime of * * * and were accomplices. The defendant, Wang Weihong, was able to surrender himself automatically after the crime and truthfully confess his criminal facts. He surrendered himself and pleaded guilty voluntarily. Defendants Liu Jiyuan, Chen and Chen confessed their criminal facts truthfully after returning to the case, and were able to voluntarily plead guilty and admit punishment. Defendants * * * * *, Chen Yan, Liu Jiyuan, Chen, did show remorse, and decided to give defendants * * * *, Chen Yan, Liu Jiyuan, Chen and Wang Hongchao a lighter punishment respectively, and applied probation, and gave defendant Wang Weihong a lighter punishment according to law. Defenders of defendants * * * * *, Chen Yan and Wang Hongchao put forward the defense opinions of lighter punishment for their respective defendants, which were established and adopted by our court. The public prosecution organ made appropriate sentencing suggestions for the defendants * * * * *, Liu Jiyuan, Chen, and, and the adjusted sentencing suggestions for the defendants were adopted by our court. To sum up, according to the provisions of Article 303, paragraph 2, Article 25, paragraph 1, Article 26, paragraph 1, paragraph 4, Article 27, Article 67, paragraph 1, paragraph 3, Article 64, Article 72, paragraph 1, paragraph 3, Article 73, paragraph 2, paragraph 3 and Article 15 of the Criminal Procedure Law of People's Republic of China (PRC),
Case results
1. Defendant * * * was convicted of opening a casino, sentenced to one year and nine months' imprisonment, suspended for two years, and fined RMB 40,000.
(The probation period of probation is calculated from the date when the judgment is determined; The fine has been paid. )
2. Defendant Chen Yan was convicted of opening a casino, sentenced to one year and seven months' imprisonment, suspended for two years, and fined RMB 40,000.
(The probation period of probation is calculated from the date when the judgment is determined; The fine has been paid. )
Defendant Liu Jiyuan was convicted of opening a casino, sentenced to seven months' imprisonment, suspended for one year and fined RMB 4,000.
(The probation period of probation is calculated from the date when the judgment is determined; The fine has been paid. )
Defendant Chen committed the crime of opening a casino and was sentenced to seven months' imprisonment, suspended for one year and fined RMB 4,000.
(The probation period of probation is calculated from the date when the judgment is determined; The fine has been paid. )
Defendant Wang Weihong was convicted of opening a casino, sentenced to seven months' imprisonment and fined RMB 4,000.
(The term of imprisonment shall be calculated from the date of execution of the judgment; The fine shall be paid within one month from the date when this judgment becomes legally effective. )
6. Defendant Wang Hongchao was convicted of opening a casino and sentenced to six months' imprisonment, suspended for one year and fined RMB 4,000.
(The probation period of probation is calculated from the date when the judgment is determined; The fine has been paid. )
Seven. Defendant * * * * illegal income 105 10.50 yuan, defendant 105 10.50 yuan, defendant Liu Jiyuan 1086 yuan and defendant Chen 975 yuan.
8. Confiscate 4 Apple phones, VIVO phones 1, 3 Apple phones, VIVO phones 1, Apple phones 1, Apple phones 1, 2 OPPO phones, and Apple phones 1.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Taizhou City, Zhejiang Province through our court or directly within ten days from the second day of receiving the judgment. A written appeal shall be submitted in one original and seven copies.