Defender: B, lawyer of Shanghai Dingli Law Firm. Defendant Xiang B, male, 199 1, born on June 28th, Han nationality, from Tongjiang County, Sichuan Province. Defendant Xiang B was criminally detained by Pudong Branch of Shanghai Public Security Bureau on March 6, 20 12, and was arrested according to law on the same day. He is now being held in Shanghai Pudong detention center.
Shanghai Pudong New Area People's Procuratorate accused Defendant A of committing robbery against Defendant B. [20 12] 1374, filed a public prosecution with our hospital on April 26th, 20 12. After filing the case on the same day, the court formed a collegiate bench in accordance with the law and held a public hearing. The People's Procuratorate of Pudong New Area appointed prosecutor Wang Xiaorong to appear in court to support the public prosecution. Defendant A, Xiang B, the trial is over.
It was found through trial that on the night of 2011231,the defendants A and Xiang B, together with Li xxx and Yang xx (both handled separately), went to Linsan town in this district in advance to find the object of robbery, and then the defendant left for B for some reason. At about 0: 30 the next morning, at the intersection of Zhao Ling Road and Lingyan South Road in our district, the defendants A, Li xx and Yang xx stopped the illegally operated vehicle driven by the victim Joe xx to the vicinity of Group 6 of Rocket Village in Kangqiao Town, our district, and robbed the victim Joe xx of more than RMB 40 and a Samsung GT-E1220 mobile phone worth RMB in 22 yuan on the spot by means of knife and verbal threats, and then fled the scene.
Defendant A was arrested by the public security organs on October 9, 20 12, and defendant Xiang B was arrested by the public security organs on March 6, 20 12. Both defendants truthfully confessed the above-mentioned criminal facts after arriving at the case.
After the incident, the public security organ will seize the mobile phone and return it to the victim Joe XX.
During the trial of this case, Defendant A returned the money and materials involved in the case in 40 yuan.
Defendants A and Xiang B had no objection to the above facts during the trial, and had the statement and debate record of the victim Joe XX, which was proved by cross-examination during the trial; Testimony and identification record of witnesses Li XX and Yang XX; Price appraisal conclusion issued by Shanghai Pudong New Area Price Certification Center; The arrest process of this case and the confessions and identification records of the defendants A and A after their arrival at the case issued by the public security organs are sufficient to confirm.
Our court believes that defendants A and B robbed citizens' property by violent means with others for the purpose of illegal possession. According to the provisions of Article 263 of the Criminal Law of People's Republic of China (PRC), all his acts have constituted robbery, and he should be directed to rob the defendants A and B respectively. The facts are clear, the evidence is true and sufficient, and the conviction is made. Defendants A and B can truthfully confess their criminal facts after arriving at the case, and may be given a lighter punishment according to the provisions of the third paragraph of Article 67 of the Criminal Law of People's Republic of China (PRC). In view of the fact that the victim's property losses have been recovered, the two defendants may be given a lighter punishment as appropriate. The relevant opinions of defenders are adopted by our court. In accordance with Article 53 of the Criminal Law of People's Republic of China (PRC), Defendants A and B were fined. According to the provisions of Article 64 of the Criminal Law of People's Republic of China (PRC), defendant A returned the registered illicit money of RMB 40 yuan to victim Joe xx. In order to protect citizens' personal rights and property rights from infringement and maintain social order, our court made the following judgment:
1. Defendant A was convicted of robbery, sentenced to three years and eight months in prison and fined RMB 4,500.
2. The defendant committed robbery against Party B and was sentenced to three years' imprisonment and fined RMB 3,000.
3. Defendant A returned the stolen money in 40 yuan and returned it to the victim Joe xx.
If you refuse to accept this judgment, you can appeal to the Shanghai No.1 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: XX
Acting judge: XX
People's Juror: XX
20 12 May 14
Clerk: XX