Chengdu Xindu District People's Court
Criminal verdict
(2013) Xindu Criminal Initial No. 33
Public Prosecution Office Chengdu Xindu District People's Procuratorate.
Defendant Xie Guangyong.
Defendant Yu Kaifu, Sichuan Xinnaoda Law Firm lawyer.
Ren Shunjun.
The defendant Luo Xianjun.
The defendant Dai Shihong.
Defendant Qin Zhengguo.
Chengdu Xindu District People's Procuratorate to the new prosecutor criminal prosecution (2013) No. 38 indictment charging the defendant Xie Guangyong, Ren Shunjun, Luo Xianjun, Dai Shihong guilty of theft, the defendant Qin Zhengguo guilty of disguise, concealment of proceeds of crime, the case was filed with the criminal procedure to this court on December 26, 2012, the case. This court applied summary procedure in accordance with the law, practiced single trial, and held a joint trial in public session. Xindu District People's Procuratorate assigned prosecutor Fan Jianwei to appear in court to support the public prosecution. Defendant Xie Guangyong and his defender Yu Kaifu, defendant Ren Shunjun, Luo Xianjun, Dai Shihong, Qin Zhengguo appeared in court to participate in the proceedings. Now the trial has been concluded.
Chengdu Xindu District People's Procuratorate alleges that on July 25, 2012 at 14:00, the defendant Xie Guangyong, together with Peng Zongde (at large), Luo Bova (information is not known), Xie Guangyong driving Chuan A183BQ "Dongfeng Peugeot" car together with the scurrying to the Xindu District, Xindu Town, North New Homes, prying the door to enter the room using the Demolition of power supply interface extraction of wires, the district 3, unit 1, No. 3, No. 4, two sets of housing wall of the Chuanhu brand BV1.5-type wire 300 meters, BV2.5-type wire 1,150 meters, BV4-type wire 380 meters, *** total value of RMB 3039 yuan of wire theft. Afterwards, the three will be stolen wire to the price of more than 1,000 yuan stolen to the defendant Qin Zhengguo, Qin Zhengguo in the case of knowing that this batch of wire is stolen stolen, but still to be acquired.
One morning in mid-August 2012, the defendant Ren Shunjun together with Peng Zongde (at large), by Ren Shunjun driving the Sichuan A489J6 "BYD" car together to the Xindu District, Xinmin Town, the North New Homes District, the use of the same means will be the district 3, 4 units of No. 5, No. 6 of the two sets of housing wall body. Chuanhu brand BV1.5 type wire 200 meters, BV2.5 type wire 900 meters, BV4 type wire 300 meters, *** total value of RMB 2,350 yuan of wire theft. Afterwards, the two will be stolen wire to the price of more than 800 yuan stolen to the defendant Qin Zhengguo, the proceeds of the stolen money by the two defendants are divided into consumption.
September 1, 2012, 16:00, the defendant Xie Guangyong, together with Luo Xianjun, generation of Shihong, by Xie Guangyong driving Sichuan A183BQ "Dongfeng Peugeot" car once again scurried to the Xindu District, Xinmin Town, the north of the new home community, using the same way to the community 2 building 7 unit No. 6, 2 building 6 unit No. 5, two sets of housing walls. The body of the Chuanhu brand BV1.5 type wire 240 meters, BV2.5 type wire 900 meters, BV4 type wire 300 meters, *** total value of RMB 2390 yuan of wire theft. Afterwards, the three will be stolen wire to the price of more than 800 yuan stolen to the defendant Qin Zhengguo, the proceeds of the stolen money by the three defendants are divided into consumption.
The public prosecution authorities believe that the defendant Xie Guangyong, Ren Shunjun, Luo Xianjun, generation Shihong behavior has constituted the crime of theft. Defendant Qin Zhengguo's behavior has constituted the crime of disguise, concealment of proceeds of crime. In the above third theft, the defendant Xie Guangyong, Luo Xianjun, generation of Shihong gangs, is *** with the crime. Defendant Xie Guangyong in the third *** with the main role in the theft, is the main offender, and is a recidivist. Defendant Luo Xianjun, generation Shihong in *** with the crime played a secondary role, is an accessory. Request in accordance with the "Chinese people's *** and the criminal law" article 264, article 312, article 25, paragraph 1, article 27, article 65, paragraph 1 of the provisions of the sentence.
The above facts, the defendant Xie Guangyong, Ren Shunjun, Luo Xianjun, Dai Shihong, Qin Zhengguo in the trial without objection, and the case of the district staff Zhou Mou, Yang Moumou, Chen Moumou of the report and statement transcripts; five defendants to the case after the transcripts; identification of the photographs of the transcript; the defendant to identify the location of the crime of the transcripts and photographs; the scene investigation transcripts, site maps, site photographs; Price appraisal conclusion; appraisal conclusion notice; refund of stolen goods instructions; the defendant Xie Guangyong criminal verdict of the previous crime; certificate of release; five defendants confession transcripts and other evidence to be confirmed, sufficient to determine.
The court believes that the defendant Xie Guangyong, Ren Shunjun, Luo Xianjun, generation Shihong to illegal possession for the purpose of secretly stealing other people's property, the amount of large, their behavior has constituted the crime of theft. Defendant Qin Zhengguo knew that the theft of stolen goods to be acquired, his behavior has constituted the crime of disguise, concealment of proceeds of crime. Chengdu Xindu District People's Procuratorate accused Xie Guangyong, Ren Shunjun, Luo Xianjun, generation Shihong guilty of theft; Defendant Qin Zhengguo guilty of disguising, concealing the proceeds of crime is clear, the evidence is true, sufficient, the charges are substantiated, this court shall support. Defendant Xie Guangyong, Luo Xianjun, generation of Shihong in the third burglary crime based on the same criminal intent, the same crime, is *** with the crime. Defendant xie guangyong for the *** with the theft of criminal intent and criminal tool provider, in the *** with the crime plays a major role, is the main culprit, the defendant Luo Xianjun, on behalf of the shihong in the *** with the crime plays a minor role, is an accessory, according to the law of the two defendants mitigated punishment. Defendant Xie Guangyong in the previous crime sentence is executed within five years after the completion of the crime should be sentenced to imprisonment or more, is a recidivist, according to the law on the heavier penalties. Defendant Xie Guangyong, Ren Shunjun, Luo Xianjun, Dai Shihong, after the return of the case, pleaded guilty to a better attitude, discretionary mitigating punishment. Defendant xie guangyong's defense put forward xie guangyong has assisted in the capture of accomplices meritorious circumstances, the court ascertained according to law that xie guangyong was in the case of community security guards under the coercion to help capture the Luo xianjun, generation of shihong, and the law expressly provides for assisting the judicial organs to capture the accomplices of the meritorious circumstances do not match, can not be found that defendant xie guangyong has meritorious performance, but according to this can be found to plead guilty to the case of a good attitude, discretionary mitigation of punishment. Punishment. Other defense opinions are consistent with the facts, the court adopts. Defendant Qin Zhengguo is a first time offender, after returning to the case can truthfully confess their own facts of the crime, and has actively compensate the victim 5000 yuan of economic losses, plead guilty to a good attitude, the application of probation will not jeopardize the community, this court according to the law on its application of probation. Comprehensive the above defendant's criminal circumstances, consequences, guilty attitude and repentance performance and other factors, the verdict is as follows:
A, in accordance with the "Chinese people's **** and the criminal law" article 264, article 52, article 53, article 25, paragraph 1, article 26, paragraph 1, article 65, paragraph 1 of the provisions of the crime, the defendant xie guangyong theft, sentenced to one year and four months of fixed term of imprisonment He was sentenced to one year and four months' imprisonment, and fined two thousand dollars. (The term of imprisonment shall be calculated from the date of execution of the judgment. (If detained before the execution of the judgment, one day of detention shall be credited as one day of imprisonment).
Second, in accordance with the "Chinese people's **** and the Criminal Law of the State" Article 264, Article 52, Article 53, the defendant Ren Shunjun guilty of theft, sentenced to fixed-term imprisonment of eight months, and a fine of one thousand yuan. (The term of imprisonment shall be calculated from the date of execution of the judgment. If the defendant is detained before the execution of the sentence, one day of detention shall be credited as one day of imprisonment, i.e. from September 6, 2012 to May 5, 2013. (The fine shall be paid within three months from the second day of the legal effect of this judgment, and if it is not paid by the end of the period, it shall be paid compulsorily).
Three, in accordance with the "Chinese people's *** and the criminal law" article 264, article 52, 53, article 25, paragraph 1, article 27 of the provisions of the defendant Luo Xianjun guilty of theft, sentenced to imprisonment for eight months, and a fine of one thousand yuan. (The term of imprisonment is calculated from the date of execution of the judgment. If the defendant is detained before the execution of the sentence, one day of detention shall be credited as one day of imprisonment, i.e., from September 6, 2012 to May 5, 2013, the defendant shall be sentenced to eight months' imprisonment and a fine of one thousand yuan. (The fine shall be paid within three months from the second day of the legal effect of this judgment, and if it is not paid by the end of the period, it shall be paid compulsorily).
Four, in accordance with the "Chinese people's *** and state criminal law" article 264, article 52, 53, article 25, paragraph 1, article 27 of the provisions of the defendant dai shihong guilty of theft, sentenced to fixed-term imprisonment of eight months, and a fine of one thousand yuan. (The term of imprisonment is calculated from the date of execution of the judgment. If the defendant is detained before the execution of the sentence, one day of detention shall be credited as one day of imprisonment, i.e., from September 6, 2012 to May 5, 2013, the defendant shall be sentenced to eight months' imprisonment and a fine of one thousand yuan. (The fine shall be paid within three months from the second day of the legal effect of this judgment, and if it is not paid by the end of the period, it shall be paid compulsorily).
5. In accordance with the provisions of Articles 312, 52, 53, 72(1), 73(2) and (3) of the Criminal Law of the People's Republic of China, the defendant Qin Zhengguo is guilty of the crime of disguising or concealing the proceeds of crime, and is sentenced to one year and six months' fixed-term imprisonment, with a probationary period of two years, and is fined 2,000 yuan. (The probationary period shall be calculated from the date of entry into force of the judgment. The fine shall be mandatorily paid within three months from the second day of the legal effect of this judgment).
Sixth, in accordance with the "Chinese people's **** and the Criminal Law of the State" the provisions of Article 64, the defendants Xie Guangyong, Ren Shunjun, Luo Xianjun, Dai Shihong illegal proceeds of the stolen money shall be recovered, property shall be refunded.
If you do not accept this judgment, you may appeal to the Intermediate People's Court of Chengdu City, Sichuan Province, through this court or directly to the court within ten days from the second day of receipt of the judgment. If the appeal is in writing, one original and two copies of the appeal shall be submitted.
Su Ping, Acting Trial Judge
January 10, 2013
Chen Jing, Bookkeeper