Dear presiding judge, judge,
According to the relevant provisions of China's Criminal Procedure Law and Lawyers Law, Zhejiang Xingjia Law Firm accepted the entrustment of the close relatives of the defendant Gu Moumou in this case, and with the consent of the defendant Gu Moumou himself, appointed lawyer Wang Shuqi as the defender of the defendant Gu Moumou.
After the defender took over the case, he went to the public prosecution agency to consult the relevant materials of the case, met with the defendant Gu Moumou in the detention center many times, and participated in the trial of the case, and had a further understanding of the facts of the whole case. The following defense opinions are hereby issued:
First of all, the defender has no objection to the fact that the indictment accused the defendant Gu Moumou of opening a casino, but the defender believes that the defendant Gu Moumou has a lighter and mitigated punishment. The reason for this is the following：
1. Defendant Gu Moumou played a minor role in visiting the teahouse in Haining, a casino set up by the public prosecution agency, and was an accessory, so he should be given a lighter, mitigated or exempted punishment according to law.
It was found by the court that the main defendants in this section of this crime, Wang Moumou and Hu Moumou, were consistent with the defendant Gu Moumou's statement when answering the defender's question about the casino being jointly opened by three people. In fact, the casino was opened in Haining City to visit the teahouse, which was opened by Cao, and the venue of the casino was provided by Cao, and the staff of the casino were all under the defendant Wang Moumou. At that time, the defendant Wang Moumou was very influential in Haining, Jiaxing Wangdian and other places, and often seized other people's venues (in the second accusation of this case, there were many cases in which the defendant Wang Moumou seized other people's venues). Defendant Wang Moumou asked Defendant Gu Moumou to join the casino, but Defendant Gu Moumou did not dare to disobey. Defendant Gu Moumou joined the casino mainly because he was afraid of the influence of defendant Wang Moumou. According to the confession of defendant Sun Moumou on pages 8-9 of July 30, 2009 and 7-8 of September 7, 2009, Chai Putou, the defendant Gu Moumou, was beaten for fear of offending and agreed to close the shop. The transcript of Sun Moumou also reflected this situation, and the confessions of other defendants also proved the fact that the defendant Gu Moumou was afraid of the defendant Wang Moumou and started to do it.
Moreover, in the process of opening a casino, basically Gu Moumou has no power. The staff in the casino are basically appointed by Wang Moumou, and Wang Moumou is also responsible for management and sharing. The defendant Gu Moumou truthfully confessed in the middle of the transcript of the public security stage and the trial of this case. Defendant Hu Moumou is in the police investigation volume 12, 170, defendant Hu Mohong is in the police investigation volume 130, 14 1 page, and defendant Sun Moumou is in the police investigation volume 16, 62-63. In addition to the above-mentioned defendants' truthful statements during the court hearing, the witness testimonies of Xie Moumou, Yang Moumou, Fu Moumou, Chen Moumou, Jin Moumou, Song Moumou, Chu Mou, Jin Moumou, Xu Moumou, Lou Moumou and Sheng Moumou were also confirmed. According to the defendant's confession and witness testimony, during the root-seeking visit to the casino, the card drawing, shuffling, maintaining order and selling in the casino were all controlled by the personnel appointed by Wang Moumou, and the defendant Gu Moumou had no power in the casino. In fact, his existence is dispensable, and whether there is a defendant or not does not affect the opening and operation of the casino. Defenders believe that the defendant Gu Moumou plays a secondary and auxiliary role in the process of opening and operating casinos and should be an accomplice. According to Article 27 of the Criminal Law, an accessory shall be given a lighter or mitigated punishment or be exempted from punishment.
Two, the defendant also has the following circumstances to reduce or give a lighter punishment:
1, the defendant Gu Moumou is less harmful to society. The casino opened in Hening Xungen to visit the teahouse was opened less than a week ago, during which five games have been held. This fact has been confirmed by the defendant's confession and witness testimony in the court investigation, and the public prosecution agency also recognizes this fact. Compared with the general crime of opening casinos and other casinos in this case, root-seeking visits to casinos have shorter opening time, fewer times, less impact and less social harm, and can be given a lighter punishment according to law.
2. The defendant Gu Moumou pleaded guilty. As early as April 24, 2009, in the first inquiry of the investigation organ to the defendant Gu Moumou, the defendant Gu Moumou confessed to the fact that he went to the casino to open a casino. In the whole investigation process of the public security organs, the defendant Gu Moumou always truthfully confessed his criminal facts, and his confession was consistent. During the whole trial of this case, the defendant Gu Moumou pleaded guilty with a good attitude, and was able to truthfully answer the questions of the public prosecution organ and the judge and voluntarily pleaded guilty. According to Article 9 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Justice on Applying Ordinary Procedures to Trial Cases of Defendants Pleading (Trial): "The people's court shall, as appropriate, give a lighter punishment to defendants who voluntarily plead guilty."
3. The defendant Gu Moumou cooperated with the public security organs in the investigation of other criminal facts and showed remorse. In the first inquiry of the investigating organ to the defendant Gu Moumou, the defendant Gu Moumou truthfully confessed the criminal facts of the defendant Wang Moumou and others, which provided some help to the public security organs in investigating the case. Moreover, throughout the investigation stage, the defendant Gu Moumou actively cooperated with the investigation of the public security organs and provided witness testimony on the criminal facts of the triad-related cases and affray in this case. Defender and defendant Gu Moumou actively cooperated with the investigation work of public security organs and played a certain role in the investigation of other cases by public security organs, and may be given a lighter punishment as appropriate.
To sum up, the defender believes that the defendant Gu Moumou, as an accessory, played a secondary role in the root-seeking visit to the casino, with a good guilty attitude, penitence, relatively less social harm, and a statutory, discretionary or mitigated punishment. In line with the principle of combining criminal punishment with education, the court is requested to consider the opinions of defenders, reduce the punishment for the defendant Gu Moumou, and give the defendant Gu Moumou a chance to turn over a new leaf. thank you
Defender: Zhejiang Xingjia Law Firm.
Lawyer Wang Shuqi.
20 10 April 10