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People's Court of Anning City, Yunnan Province
criminal judgement
(2008) An Xing Chu Zi No.339
Public prosecution organ Anning Municipal People's Procuratorate.
Defendant Shen, nicknamed "Big Pig Head", male, Han nationality, born on June 7, 1 973 1, a junior high school student, a farmer from Anning City, Yunnan Province, living at No.26 Ruyi Street, Bajie Town, Anning City, with ID number 530 1 973 65438. 2006 1 February 1 March was sentenced to fixed-term imprisonment by Anning people's court for illegal possession of guns1month suspended1year. On April 4, 2008, he was criminally detained by Anning Public Security Bureau on suspicion of gathering people to disturb social order, and was arrested on May 9 of the same year. Now detained in Anning Detention Center.
Defender Gong Liegang, lawyer of Yunnan Dongfeng Law Firm.
Defendant Yu Gang, male, Han nationality,19719, primary school culture, native of Anning City, Yunnan Province, farmer, living at No.70, Shangyishan Village, Bajie Town, Anning City, with ID number of 53065438+. On April 4, 2008, he was criminally detained by Anning Public Security Bureau on suspicion of gathering people to disturb social order, and was arrested on May 9 of the same year. Now detained in Anning Detention Center.
Defendant Zhao Zhongzhong, male, Han nationality,19701February 1 2, born in primary school, is a farmer in Anning City, Yunnan Province, and lives at No.92, Shangxishan, Bajie Town, Anning City. His ID number is 530 123 197068. On April 4, 2008, he was criminally detained by Anning Public Security Bureau on suspicion of gathering people to disturb social order, and was arrested on May 9 of the same year. Now detained in Anning Detention Center.
Defender Zhang Cong, lawyer of Yunnan Dongfeng Law Firm.
Defendant Shen, male, Han nationality,1born on May 5, 1955, is a junior high school student, a farmer in Anning City, Yunnan Province, and lives at No.65 Shangyushan Village, Bajie Town, Anning City. His ID number is 5130123195050465454. On April 4, 2008, he was criminally detained by Anning Public Security Bureau on suspicion of gathering people to disturb social order, and was released on bail on May 9 of the same year.
Defendant Shen Xiaofeng, nicknamed "Xiao erhong", male, Han nationality, 1 97916, junior high school culture, born in Anning City, Yunnan Province, farmer, living atNo./kloc-0, Shangyishan Village, Bajie Town, Anning City, ID number: April 4, 2008, suspected of gathering people to disturb.
Defendant Shen Xiaodong, nicknamed "Xiao Dahong", male, Han nationality, born on July 1, 977, with junior high school education, is a farmer in Anning City, Yunnan Province, and lives in Shangyishan Village 1, Bajie Town, Anning City, with the ID number of 530 1 8+65438. On April 4, 2008, he was criminally detained by Anning Public Security Bureau on suspicion of gathering people to disturb social order, and was released on bail on May 2 of the same year.
The People's Procuratorate of Anning City charged the defendants Shen, Yu Gang, Zhao Zhongzhong, Shen, and Shen Xiaodong with the crime of gathering people to disturb social order with indictment No.278 (2008), and filed a public prosecution with our court on June 6, 2008. After the court accepted the case, a collegiate bench was formed according to law and the case was heard in public. The People's Procuratorate of Anning City appointed inspector Wu Dongxiu to appear in court to support the public prosecution, and defendants Shen, Yu Gang, Zhao Zhongzhong, Shen, and Defenders Gong Liegang and Zhang Cong attended the proceedings. The case has now been closed.
The People's Procuratorate of Anning City accused that at 8 o'clock in the morning of February 29, 2008, most villagers in Shangshan Village, Bajie Town, Anning City came to Shuiqing mine site and demanded that Baosheng Li, the mine site operator, restore the vegetation of Hongpo Mountain and compensate the environmental pollution losses caused by mining. Afterwards, the villagers blocked the road in Shuiqing mine site and dug two widths horizontally on the road in front of the weighing house in the mine site. After that, the villagers were divided into classes, and a special person was on duty 24 hours a day, and vehicles were not allowed to enter or leave. In the meantime, every villager raised funds to build a simple house on the roadside in 5 yuan, which is used to keep out the cold, rain and sun when blocking the road. During the containment process, 1o cement piles with anti-theft barbed wire were pushed down by villagers, and a Chery car in Baosheng Li was detained by villagers until June of 65438+. After repeated consultations with the villagers, they promised to pay 550,000 yuan compensation to the villagers in Shangyushan Village, and all the villagers who blocked the road were evacuated, and the Chery car seized by Baosheng Li was returned. On March 1 7, Baosheng Li transferred 550,000 yuan from Bajie Town Rural Credit Cooperative to Zhao Zhongzhong's special account and distributed it to the villagers that night. This time, the villagers in Shangyushan Village blocked the water and cleared the mine, resulting in a direct economic loss of 73,960 yuan. At the same time, it also caused Wei Ruhua's brush factory to stop working 18 days. Defendants Shen, Yu Gang, Zhao Zhongzhong, Shen,, all participated in highway robbery. Defendant Shen, Defendants Zhao Zhongzhong, Shen and Shen proposed to be on duty by turns, while Defendants Shen and Shen were on duty by turns. Defendant Shen recorded the situation of people blocking roads every day. Defendants Shen, Yu Gang, Zhao Zhongzhong and Shen. Defendants Shen, Yu Gang and Zhao Zhongzhong purchased materials for building simple houses and instructed villagers to build simple houses. After the defendants Shen, Yu Gang, Zhao Zhongzhong, Shen, and actively negotiated compensation matters. Defendant Zhao Zhongzhong signed a compensation agreement with, and finally defendants Shen, Yu Gang, Zhao Zhongzhong, Shen,,. To sum up, the six defendants are active participants in the road blocking process.
On March 20, 2008, after the villagers in Shangyangshan Village gained economic benefits by clearing the mine with enclosure water, most of the villagers came to the ironmaking plant of Bajie Yuyuan Company, and the branches of Hongposhan Mountain were buried by mining slag, resulting in the trees being buried, and the water turned to demand compensation from the plant. After unsuccessful discussions with the management of the ironworks, the ironworks were closed until the afternoons of March 22nd and 25th. Due to the villagers' containment, Yuyuan Ironmaking Plant could not produce normally, resulting in an economic loss of 2610.8 million yuan. In this containment process, the defendants Shen, Yu Gang, Zhao Zhongzhong, Shen, and Shen were active participants.
The public prosecution agency accused the defendants Shen, Yu Gang, Zhao Zhongzhong, Shen, and asked them to be sentenced according to law.
During the trial, the defendants Shen, Yu Gang and Zhao Zhongzhong had no objection to the alleged facts. The three defendants argued that blocking the road was the idea of the villagers, and their behavior did not constitute the crime of gathering people to disturb social order; Defendants Shen, Shen and Shen have no objection to the alleged facts and charges. The six defendants believed that Yuyuan Company was still in production when its gate was blocked, and there was no loss.
Defenders of defendants Shen and Zhao Zhongzhong believe that the fact that the public prosecution agency accused defendants Shen and Zhao Zhongzhong of committing the crime of gathering people to disturb social order is unclear and the evidence is insufficient. Baosheng Li Mine has not obtained a mining license, which belongs to illegal mining and is not protected by law. Wei Ruhua's scrubbing plant can only process the ore of Baosheng Li Mine, and there is no loss caused by the suspension of production in Baosheng Li. The illegal mining in Baosheng Li led to the ecological destruction of the last mountain village. The Report of Anning Municipal Bureau of Land and Resources on the Investigation and Handling of Letters and Visits by Villagers' Groups in Shangyishan Village, Bajie Town has made it clear that mines are ordered to increase vegetation restoration and reduce soil erosion in mine development; In the Notice of Rectification and Prevention of Soil Erosion in Hongpo Small Iron Mine of Jin Xin Comprehensive Service Company in Bajie Town, Anning City, the illegal situation of Jin Xin Comprehensive Service Company has been rectified. In other words, Jin Xin Company does have environmental protection issues and security risks negotiated by the defendant. As defendants and villagers who have lived in Shangshan Village of Bajie Town for generations, they have every right to stop this kind of behavior with potential environmental and safety hazards. It is considered that the economic loss of Yuyuan Company is not supported by legal evidence, and it cannot be concluded that the illegal mining of mining enterprises has threatened the interests of the people in Shanggaishan Village, and the villagers spontaneously participated in blocking roads to safeguard the legitimate rights and interests of the village collective. Without the ringleader, the defendant's behavior is an excessive behavior in the process of safeguarding rights. The ways and means are indeed improper, but they should not be considered as crimes. Request the court to declare the defendant Shen and innocent according to law.
The facts ascertained through trial are consistent with the facts accused by the public prosecution agency. After cross-examination by the court, the following evidence confirms the above facts:
1. Accept the criminal case registration form, and confirm that Bajie Town Hongpo Iron Mine Shuiqing Mine and Anyuyuan Industry and Trade Co., Ltd. reported the case to the public security organ.
2. After being arrested, it was confirmed that the defendants Shen, Yu Gang, Zhao Zhongzhong and Shen were arrested and brought to justice by the public security organs at 4 am on April 4, 2008; At 9 o'clock that day, the defendants Shen Xiaofeng and Shen Xiaodong were arrested and brought to justice by the public security organs in Room 40 1 Chaoyang Hotel, Yimen County, Yuxi City.
3. The household registration certificate confirmed the basic information of the six defendants.
4. 1. written decision on bail pending trial, which proves that the defendants Shen, Shen and Shen were released on bail pending trial by the public security organ.
5. The confessions and excuses of the six defendants confirmed the facts of the case such as the purpose, motivation, negotiation, containment process, participants and division of labor of the six defendants from February 29, 2008 to March 27, 2008.
6. The testimony of witnesses Zhu, Shen Ailan and others is basically consistent with the confessions of defendants Shen, Yu Gang, Zhao Zhongzhong, Shen, and Shen Xiaodong, which can confirm each other and confirm that the six defendants actively participated in the road block; The testimony of Shuiqing Mine, Mo and others confirmed the relevant situation of the mine road being blocked; The testimony of Wu and Wu of Yuyuan Ironmaking Plant proves that the gate of Yuyuan Company's Ironmaking Plant was blocked; The testimony of witnesses Wei Ruhua and Dai Jiashun confirmed that the scrubbing factory was blocked; The testimony of witnesses Zhang Xingyou, Deng Yingming and others confirmed the relevant situation of this case; The testimony of witness Liu Gang confirmed the transfer of 550,000 yuan from Zhao Zhongzhong's account.
7.(2007)No.-1 4 criminal judgment confirmed that the defendant Shen was convicted of illegal possession of guns, and was sentenced to 10 months' imprisonment with a one-year suspended sentence on June 5438+February 1 3, 2006.
8. Documentary materials, appraisal conclusions, evaluation reports, search warrants and transcripts, appraisal transcripts and photos, on-site investigation transcripts and photos, list of seized items, and list of stolen goods (funds) handed over by Shuiqing Iron Mine and Hongposhan Iron Mine.
After cross-examining the evidence during the trial, it was confirmed that the evidence issued by the public prosecution agency was legal and valid, and the defendant's evidence issued by the public prosecution agency was confirmed by the court according to law. The facts of this case are clear, and the evidence is true and sufficient enough to be determined.
In our court's view, the crime of gathering people to disturb social order refers to the act of gathering people to disturb social order, and the circumstances are serious, which makes work, production, business, teaching and scientific research impossible and causes serious losses. The six defendants took an active part in the activities of blocking the iron works of Yuyuan Company a few days before and a few days after the blockade of Shuiqing Mine. The circumstances are serious, causing serious losses. The actions of the six defendants have violated the national criminal law and constituted the crime of gathering people to disturb social order, which should be punished according to law. Defendants Shen, Yu Gang, Zhao Zhongzhong and their defenders' defense opinions that do not constitute the crime of gathering people to disturb social order are not accepted. Considering that the Shuiqing mine site did not obtain a legal mining license during the mining process, the mine environment was damaged to varying degrees, which had a certain impact on the villagers' lives. In order to safeguard the interests of the villagers, the six defendants actively participated in the act of blocking the Shuiqing mine site. The court held that the circumstances were obvious, minor and harmless, and should not be punished as a crime. The people's procuratorate of Anning City charged the defendant Xing with clear facts and sufficient evidence, and convicted him. On this basis, according to the facts, nature, circumstances and the degree of harm to society of this case, and in accordance with the provisions of the second paragraph of Article 290, Article 37, Article 72, Article 73 and Article 64 of the Criminal Law of People's Republic of China (PRC), our court made the following judgment:
1. The defendant Shen committed the crime of gathering people to disturb social order and was sentenced to nine months' imprisonment (the term shall be counted from the date when the judgment is determined. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from April 4, 2008 to June 3, 2009.
2. Defendant Yu Gang committed the crime of gathering people to disturb social order, and was sentenced to nine months' imprisonment and suspended for one year (the probation period of probation is counted from the date when the judgment is determined).
3. Defendant Zhao Zhongzhong committed the crime of gathering people to disturb social order, and was sentenced to nine months' imprisonment and suspended for one year (the probation period of probation is counted from the date when the judgment is determined).
The defendant Shen was exempted from criminal punishment for the crime of gathering people to disturb social order.
5. Defendant Shen Xiaofeng was exempted from criminal punishment for the crime of gathering people to disturb social order.
6. Defendant Shen Xiaodong was exempted from criminal punishment for the crime of gathering people to disturb social order.
Seven, with the case transferred to the agricultural bank of Shen Jinsui card, Shen ID card, Shen rural credit cooperatives savings deposit, Shen Ailan rural credit cooperatives savings deposit, Yugang rural credit cooperatives savings deposit interest list, Wang Cunxian rural credit cooperatives savings deposit interest list, rural credit cooperatives savings all-in-one, Tang Guixian rural credit cooperatives savings all-in-one, Tang Guixian RMB 1.70 yuan, Lu.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Kunming City, Yunnan Province through our hospital 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.