Public prosecution organ of Weihui Municipal People's Procuratorate.
Defendant Liu Fengtao, male, was born in 438+0 on June 26th, 972.
Defender Fan Chaoyang, lawyer of Yi Yan Law Firm.
Weihui Municipal People's Procuratorate accused the defendant Liu Fengtao of theft with indictment No.66 of Health Inspection and Criminal Inspection (20 10), and filed a public prosecution with our hospital on April 6, 20 10, and our hospital filed a case on the same day. Our court formed a collegial panel according to law and heard the case in public. Xue Fanzhi, the procurator of Weihui People's Procuratorate, appeared in court to support the public prosecution, and the defendant Liu Fengtao and his defender Fan Chaoyang attended the lawsuit. The trial is now over.
Weihui Municipal People's Procuratorate accused that on a certain day in April and May, 2006, the defendant negotiated with Zhang XX to dig a hole in the oil pipeline to steal oil, and found his fellow countryman Wang XX, and chose the hole drilling place in Yanshitun Village, Liu Zhuang Township, Weihui City. On June 8th and 9th of the same year, the defendant Liu Fengtao participated in the theft of 62.4 tons of crude oil, of which 25 tons were sold, and 13.6 tons were seized during transportation, and 23.8 tons of crude oil was stored in the oil storage tank. The value of stolen crude oil is 294,964.8 yuan. After the incident, 37.4 tons of crude oil was seized, and the illegal income of 5,000 yuan was returned to Xinxiang Oil Transportation Office. His behavior has constituted a crime of theft, and the procuratorate has provided corresponding evidence and requested to be sentenced according to law.
Defendant Liu Fengtao confessed to discussing with Zhang XX about stealing oil, contacting Wang XX and buying crude oil from Zhang XX, but denied the crime on the grounds that he did not participate in stealing crude oil. His defender has no objection to the accusation, and thinks that the defendant is an accessory, and 23.8 tons of crude oil in the oil storage tank should be attempted.
It was found through trial that in mid-May, 2006, the defendant and Zhang XX (sentenced) discussed drilling and stealing oil on the oil pipeline in the refinery jointly operated by Zhang XX, and Wang XX, who participated in drilling and stealing oil, was contacted (handled separately), and the location of drilling and stealing oil was chosen in Tian XX's backyard near the intersection of Yantun Village and Xinpu Road in Liu Zhuang Township, Weihui City. After Zhang XX, find someone to dig a hole in Tianjia's backyard to build an oil storage tank. On June 7, 2006, an oil stealing valve was drilled and installed on the Zhongluo oil pipeline and connected with the oil storage tank. The next afternoon, the defendant Zhang XX asked people to connect to the power supply. At 8 o'clock that night, Zhang XX contacted the defendant Liu Fengtao by telephone and led people to meet Liu Fengtao near the entrance and exit of Daxinzhuang Xinpu Highway in Houhe Town, Weihui City, Beijing-Zhuhai Expressway. Zhang XX had the tanker drive to Tianjia's backyard to fill it up, and then drive to the original parking place and give it to the driver brought by Liu Fengtao to drive away. This time, 25 tons of crude oil was stolen, with a value of 1 18 177.33 yuan, and Liu Fengtao paid 6 1800 yuan for oil purchase.
At 2 o'clock in the morning of June 9, 2006, the defendant Zhang XX contacted again by telephone, taking people to steal crude oil 13.6 tons in the above way. When the tanker went to the intersection of Weihui South Station, it was seized by public security personnel. Through on-site investigation by the staff of Xinxiang Oil Transportation Office of China Petrochemical Company Pipeline Storage and Transportation Branch (hereinafter referred to as Xinxiang Oil Transportation Office) and the public security personnel of Weihui Municipal Public Security Bureau, there are 23.8 tons of crude oil and 37.4 tons of oil 13.6 tons, with a value of 176787.47 yuan.
To sum up, * * * stole 62.4 tons of crude oil with a value of 294,964.80 yuan. In order to repair the Sino-Luo oil pipeline, the transportation was stopped 1 hour for 30 minutes, resulting in a loss of 70080438+00 yuan and a loss of 36438+030 yuan for emergency repair. After the incident, the public security organs seized 37.4 tons of crude oil and returned 5,000 yuan of illegal income, all of which were returned to Xinxiang Oil Transportation Office.
As for the above facts, witness Zhang XX proposed and implemented the fact of stealing crude oil and selling stolen goods, and the defendant confessed to discussing with Zhang XX the fact of stealing petroleum, contacting Wang XX and buying crude oil from Zhang XX, which was confirmed by the testimony of witnesses Zhang XX, Zhang XX, He XX, Tian XX, Liu XX and Feng XX.
The above evidence was cross-examined in court and confirmed by our court.
We believe that the defendant Liu Fengtao, together with others, used destructive means to steal the crude oil being transported by punching holes in the oil pipeline, and the amount was extremely huge, which constituted the crime of theft, and the procuratorate prosecuted him for this crime. This case is a joint crime. In the * * * accomplice crime, the defendant Liu Fengtao participated in the negotiation of stealing crude oil, contacted the technicians who stole the oil and took the initiative to contact the oil buyers, which did not play a secondary or auxiliary role. Therefore, the defender's opinion that the defendant is an accessory is rejected by our court. In view of the fact that there are still 23.8 tons of huge crude oil in the oil storage pool at the theft site, the defender believes that the theft of this part of crude oil is attempted and should be given a lighter punishment, which is adopted by our court. According to Article 264, Article 25, Paragraph 1, Article 56, Paragraph 1, Article 55 and Article 64 of the Criminal Law of People's Republic of China (PRC) and Article 3, Paragraph 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Stealing Oil and Gas and Destroying Oil and Gas Equipment, the judgment is as follows:
1. Defendant Liu Fengtao was convicted of theft and sentenced to 10 years and 6 months in prison, fined 50,000 yuan and deprived of political rights for one year.
(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment. From February 7, 2009 to June 6, 2020. The fine shall be paid within ten days after the judgment takes effect).
Second, the defendant Liu Fengtao's illegal income of 56,377.33 yuan was recovered and returned to Xinxiang Oil Transportation Office.
If you refuse to accept this judgment, you can appeal to Xinxiang Intermediate People's Court through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.
Presiding judge Zhang Jun
Acting Judge Zhang Yirong
Acting Judge Tian Wei
20 10 April 30th
Bookkeeper Zhangjiapo