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The People's Court of Anning City, Yunnan Province
Criminal Judgment
(2008) An Criminal Chuyu No. 339
The Public Prosecution Office, the People's Procuratorate of Anning City.
The defendant Shen Yunhong, nicknamed "Big Piggy", male, Han nationality, born on October 7, 1973, middle school education, Anning City, Yunnan Province, farmers, living in Anning City, Bajie Town, Ruyi Street, No. 26, ID card No. 5301 23 1,973 1,007041 4. 2006, February 1-3 for illegal possession of firearms. On February 1, 2006, he was sentenced by the People's Court of Anning City to 10 months' imprisonment and one year's probation for the crime of illegal possession of firearms; on April 4, 2008, he was criminally detained by the Public Security Bureau of Anning City for the crime of gathering a crowd to disrupt the social order, and on May 9 of the same year, he was arrested. Now detained in Anning City Detention Center.
The defendant is Gong Lijiang, a lawyer from Yunnan Dongfeng Law Firm.
Defendant Yu Gang, male, Han nationality, born on January 1, 1971, elementary school education, Anning City, Yunnan Province, farmer, living in Anning City, Bajie Township, Movement Cedar Village, No. 70, ID card No. 530123 1 971 1 1 1 1 1 9041 3. 4 April 2008, suspected of gathering crowds of people to disrupt the social order of the crime of Anning Municipal Public Security Bureau of Criminal Detention, and was arrested on May 9, 2008 by the Public Security Bureau of Anning Municipality. He was arrested on May 9 of the same year. He is now detained in Anning City Detention Center.
Defendant Zhao Zhongyu, male, Han nationality, born on February 12, 1970, elementary school education, Anning City, Yunnan Province, farmer, residing at No. 92, Bajie Town, Anning City, ID card No. 530123197012120436, was criminally detained by Anning City Public Security Bureau on April 4, 2008 for the crime of gathering crowds of people to disrupt the social order, and arrested on May 9, 2008 for the crime of gathering crowds of people to disrupt the social order. He was arrested on May 9 of the same year. Now detained in Anning City Detention Center.
Zhang Cong, Yunnan Dongfeng Law Firm.
Defendant Shen Jiazhu, male, Han nationality, born on May 5, 1955, middle school education, Anning City, Yunnan Province, farmer, lives in Anning City, Bajie Township, Movement Cedar Village, No. 65, ID card No. 5130 1 23 1 9550505041 4. 4. 4, April 2008 for the suspected gathering of crowds of people to disrupt the social order of the crime of Anning City Public Security Bureau of Criminal Detention, and on May 9, 2008 was arrested. On May 9 of the same year, he was released on bail pending trial.
Defendant Shen Xiaofeng, nicknamed "Xiao Erhong", male, Han nationality, born on January 16, 1979, junior high school education, Anning City, Yunnan Province, farmer, residing at No. 1, San Village, Bajie Town, Anning City, ID card No.: 530 1 23 1 97911 1 604.15. On April 4, 2008, he was criminally detained by the Public Security Bureau of Anning City on suspicion of gathering a crowd to disturb the social order. On April 4, 2008, he was criminally detained by Anning Municipal Public Security Bureau for the crime of gathering a crowd to disturb the social order, and on May 9 of the same year, he was released on bail pending trial.
Defendant Shen Xiaodong, nicknamed "Xiao Dahong" male, Han nationality, born on July 15, 1977, middle school education, Anning City, Yunnan Province, farmers, living in Anning City, Bajie Township, Movement Cedar Village, No. 1, identity card No. 5301 8 11 977071 50432. 4 April 2008 for allegedly gathering a crowd to disturb the social order of crime by the public security bureau of Anning City, criminal detention. On April 4, 2008, he was criminally detained by the Public Security Bureau of Anning City for the crime of gathering a crowd to disturb the social order, and on May 2, the same year, he was released on bail pending trial.
Anning Municipal People's Procuratorate to (2008) An Procuratorate Criminal No. 278 indictment charging the defendant Shen Yunhong, Yu Gang, Zhao Zhongyu, Shen Jiazhu, Shen Xiaofeng, Shen Xiaodong guilty of gathering a crowd of people to disrupt the social order of the crime of November 6, 2008 to the Court of Public Prosecution. The court accepted, according to law, formed a collegial panel, public hearing of the case, Anning people's procuratorate assigned prosecutor Wu Dongxiu attended the court to support the prosecution, the defendant Shen Yunhong, Yu Gang, Zhao Zhongyu, Shen Jiazhu, Shen Xiaofeng, Shen Xiaodong and the defendant Gong Ligang, Zhang Cong to participate in the proceedings. The case is now closed.
The People's Procuratorate of Anning City alleges that: on February 29, 2008 at 8:00 am, Anning City, Bajie Town, most of the villagers in the village of movement of the cedar, came to the turnip mining site, the mine operator Li Baosheng to restore the vegetation of the red slopes of the mountain, compensation for the loss of environmental pollution due to mining, the villagers of the village of the turnip mining site within the blockade of the road and the mining site over the weighing room in front of the road horizontally dug two ditches of varying widths and depths, and then the village of the village of the turnip mining site. Two ditches of varying widths and depths were dug horizontally on the road in front of the weighing house in the mining site, completely blocking the road in and out of the turnip mining site. After the villagers were divided into shifts, by specialists to work records, 24 hours a day on duty does not allow vehicles in and out, during which the villagers each pooled funds 5 yuan in the roadside to build and build for blocking the road to take refuge from the cold, blocking the rain, shade of the improvised room, in the process of blocking, the mining point equipped with anti-theft wire mesh cement piles were villagers pushed down more than 1 o, Li Baosheng a "Chery" car was detained by the villagers, and the villagers were not allowed to use it to block the road. "Li Baosheng's car was detained by the villagers, until March 1 6 Li Baosheng to resume production, after repeated negotiations with the villagers promised to pay 550,000 yuan to the villagers of the Upper Movement of the cedar village, the villagers blocking the road before all the villagers withdrew, and returned Li Baosheng's detained car "Chery. On March 17th, Li Baosheng, at the request of the villagers, paid the sum of 550,000 yuan from the Rural Credit Union of Bajie Town to the account specially opened by the defendant, Zhao Zhongyu, and distributed it to the villagers in the evening. This time, the villagers of Shangtai canal cedar village blocked off the water turnip mine site, resulting in a direct economic loss of 73,960 yuan of the mine site, but also caused Wei Ruhua scrubber factory stopped work for eighteen days. Defendant Shen Yunhong, Yu Gang, Zhao Zhongyu, Shen Jiazhu, Shen Xiaofeng, Shen Xiaodong were involved in the blockade, defendant Shen Yunhong and defendant Zhao Zhongyu, Shen Jiazhu, Shen Xiaofeng proposed to divide the shift to take turns to guard, and the defendant Shen Yunhong, Shen Jiazhu carried out the scheduling by the defendant Shen Jiazhu, by the defendant Shen Jiazhu record the blockade of people every day, and then by the defendant Shen Yunhong, Yu Gang, Zhao Zhongyu, Shen Jiazhu, Shen Xiaofeng proposed that the villagers each collect money 5 yuan Money to build a simple house, the defendant Shen Yunhong, Yu Gang, Zhao Zhongyu purchased the materials to build a simple house, commanded the villagers to build a simple house, after the defendant Shen Yunhong, Yu Gang, Zhao Zhongyu, Shen Jiazhu, Shen Xiaofeng, Shen Xiaodong actively negotiate with Li Baosheng compensation matters, by the defendant Zhao Zhongyu and Li Baosheng signed an agreement on compensation, and finally by the defendant Shen Yunhong, Yu Gang, Zhao Zhongyu, Shen Jiazhu, Shen Xiaofeng, Shen Xiaodong, etc. determined the money-sharing plan and organized the distribution of 550,000 yuan of compensation to all the villagers in the village. In summary, the six defendants in the process of blocking the road performance is more active, is an active participant.
The villagers of Shangtai canal cedar village in the siege of water turnip mining site to obtain economic benefits, on March 20, 2008, the village most of the villagers came to the eight streets Yuyuan company ironworks, to red slope mountain big branch turnip was mining slag filling, resulting in the burial of trees, the flow of water turning to require the plant to compensate for the loss, and ironworks management unsuccessfully discussed with the ironworks on the day of the ironworks siege to March 22, the afternoon of March 25, the ironworks. Because of the factory did not get a satisfactory answer, the villagers once again on the Yuyuan ironworks blockade until the afternoon of March 27, all withdrawn. Due to the villagers blockade, so that Yuyuan iron plant can not be normal production caused economic losses of 26.18 million yuan. In the blockade process, the defendant Shen Yunhong, Yu Gang, Zhao Zhongyu, Shen Jiazhu, Shen Xiaofeng, Shen Xiaodong performance is more active, is an active participant.
The public prosecutor's office with the above facts accused of Shen Yunhong, Yu Gang, Zhao Zhongyu, Shen Jiazhu, Shen Xiaofeng, Shen Xiaodong's behavior constitutes the crime of gathering a crowd to disrupt the social order, and asked to be sentenced according to law.
Court hearing, the defendant Shen Yunhong, Yu Gang, Zhao Zhongyu on the facts of the charge, the three defendants argued that the blocking of the road is the villagers *** with the same idea, their own behavior does not constitute the crime of mobbing to disrupt the social order; defendant Shen Jiazhu, Shen Xiaofeng, Shen Xiaodong on the facts of the charge and the charges are uncontested. The six defendants believe that the siege of Yuyuan company's gate, Yuyuan company is still in production, there is no loss.
The defendant Shen Yunhong, Zhao Zhongyu's defense that the public prosecution accused of Shen Yunhong, Zhao Zhongyu guilty of mobbing to disrupt the social order of the crime of factually inaccurate, insufficient evidence, Li Baosheng mining site did not obtain the certificate of mining rights, is an illegal mining, according to the law can not be protected by the law, Wei Ruhua's scrubber can only be processed by the ore of the Li Baosheng mining site, there is no loss due to the stoppage of the factory by Li Baosheng, Li Baosheng Li Baosheng's illegal mining behavior has led to the ecological damage to the village of Shangxuan; "Anning City Bureau of Land and Resources on the eight streets of the town of movement of the village group of villagers involved in the investigation and handling of the issue of the report" has been made clear, ordering the mines to increase the work of vegetation restoration to mitigate the erosion of the development of the mines; "on the town of the eight streets of the town of Anning City, Jinxin Comprehensive Services Company, the small iron ore mine of the red slope erosion prevention and control of rectification of the situation in the notice". has already made the administrative punishment of rectifying the illegal situation of Jinxin Comprehensive Service Company; that is to say, Jinxin Company does have the environmental protection problems and safety hazards that the defendants have been complaining about, and as the defendants and villagers who have been living in Bajie Township's Tunneling Cedar Village for generations, they are fully empowered to put a stop to the behaviors that have hidden dangers in terms of such environment and safety; it is considered that the economic loss of YUYUAN lacks the legal support of the evidence, and it can't be The mining company's illegal mining, the interests of the masses of the Upper canal fir village is threatened, the villagers maintain the legitimate rights and interests of the village collective spontaneous participation in blocking the road, there is no prime mover, the defendant's behavior is to defend the rights of the process of over-excitement, the way and method is indeed inappropriate, but it should not be found to be a crime, the court requested that the defendant Shen Yunhong, Zhao Zhongyi acquitted according to the law.
The facts ascertained by the trial and the public prosecutor's allegations of the facts consistent with the facts, the above allegations of the facts, the court has the following evidence to confirm:
1, acceptance of the criminal case registration form, confirming that the eight streets of the town of red slope iron ore turnip point, An Yuyuan Industry and Trade Co.
2, captured, confirming that on April 4, 2008 at 4:00 am, the defendant Shen Yunhong, Yu Gang, Zhao Zhongyu, Shen Jiazhu in his residence by the public security organs; 9:00 am on the same day, the defendant Shen Xiaofeng, Shen Xiaodong in Yuxi City, Yemen County, Room 401, Chaoyang Hostel, by the public security organs to be arrested and returned to the case.
3, household registration certificate, confirmed the basic situation of the six defendants.
4, bail pending trial decision, confirming that the defendants Shen Jiazhu a Shen Xiaofeng, Shen Xiaodong by the public security organs of the bail pending trial.
5, the six defendants' confession and defense, confirming that the six defendants between February 29, 2008 and March 27, 2008 to blockade the turnip mining site, the eight streets Yuyuan ironmaking plant purpose, motive, discussion, blockade through, the participants and the division of labor and other facts of the case.
6, witness Zhu Liuzhang, Shen Ailan and other people's testimony and the defendant Shen Yunhong, Yu Gang, Zhao Zhongyu, Shen Jiazhu, Shen Xiaofeng, Shen Xiaodong confession is basically the same, can be corroborated by each other, confirming that the six defendants are actively involved in blocking the road of the relevant cases; turnip mining site Li Baosheng, Mo Tinghong and other people's testimonies to confirm that the mine road is blocked off the relevant circumstances; Yuyuan ironworks Wu Xueming, Li Wenhua and other people's testimony. , testimony buy Yuyuan ironmaking plant gate was blocked the relevant circumstances; witness Wei Ruhua, Dai Gashun's testimony, confirming that the scrubber plant was blocked off the relevant circumstances; witnesses Zhang Xingyou, Deng Yingming and others testified that the case of the relevant circumstances; witnesses Liu Gang testimony, confirming that 550,000 yuan transferred in the account of Zhao Zhongyu the relevant circumstances.
7, (2007) An criminal early word -,1 4 criminal verdict, confirming that the defendant Shen Yunhong on February 1 3, 2006 for the crime of illegal possession of firearms, was sentenced by the Court to ten months of imprisonment suspended for one year.
8, on the water turnip iron ore, red slope mountain iron ore mining impact on the surrounding environment of the documentary materials, appraisal conclusions, assessment report, search warrant and search transcripts, identification transcripts and photographs, site investigation transcripts and photographs, list of seized items, stolen (money) handover list and other evidence.
After the court hearing on the evidence of the evidence, confirm the evidence issued by the public prosecutor's office is legal and effective, the public prosecutor's office issued the evidence of the charges this court shall be confirmed according to law. The facts of this case are clear, the evidence is true and sufficient, sufficient to recognize.
The Court finds that the crime of mobbing to disturb the social order, refers to mobbing to disturb the social order, the circumstances are serious, resulting in work, production, business and teaching, scientific research can not be carried out, resulting in serious losses. The six defendants in the siege of water turnip mine site to obtain benefits, and then a few days before and after actively participate in the blockade siege yuyuan company ironworks, the circumstances are serious, causing serious losses, the six defendants behavior has violated the national criminal law, constitutes a mob to disrupt the social order of the crime should be punished in accordance with the law. Defendants Shen Yunhong, Yu Gang, Zhao Zhongyu and the defense that does not constitute the crime of mobbing to disturb the social order of the defense is not admissible. Considering that the water turnip mining point in the mining process, did not obtain a legal mining rights certificate, resulting in the mine environment to varying degrees of destruction, to the village villagers of life has caused a certain impact, the six defendants in order to safeguard the interests of the villagers of the village to actively participate in the blockade of the water turnip mining point of the behavior of the Court that: the circumstances of the significantly less harmful, should not be punished as a crime. Anning People's Procuratorate of the Xing defendants of the charges of the facts are clear, the evidence is true and sufficient, the charge is established. Accordingly, the Court, based on the facts, nature, circumstances and the degree of harm to society, in accordance with the provisions of the Criminal Law of the People's Republic of China **** and the State of China, the second paragraph of Article 290, Article 37, Article 72, Article 73, Article 64, the verdict is as follows:
First, the defendant Shen Yunhong committed the crime of gathering crowds of people to disrupt the social order, and was sentenced to fixed-term imprisonment of nine months (imprisonment is calculated from the date of the judgment). The defendant Shen Yunhong was sentenced to nine months' imprisonment (the term of imprisonment shall be calculated from the date on which the judgment is finalized. Before the execution of the sentence, the detention of one day credit for one day, that is, from April 4, 2008 to January 3, 2009).
Second, the defendant Yu Gang committed the crime of gathering a crowd to disrupt the social order, and was sentenced to nine months' imprisonment and one year's probation (the probationary period was calculated from the date of the judgment).
Third, the defendant Zhao Zhongyu committed the crime of gathering a crowd to disturb the social order, sentenced to nine months of imprisonment suspended for one year (the probation period is calculated from the date of determination of the verdict).
Fourth, the defendant Shen Jiazhu committed the crime of gathering people to disturb the social order, exempted from criminal punishment.
Fifth, the defendant Shen Xiaofeng committed the crime of gathering people to disturb the social order, exempt from criminal punishment.
Six, the defendant Shen Xiaodong committed the crime of gathering people to disturb the social order, exempted from criminal punishment.
7, transferred with the case of Shen Yunhong Agricultural Bank of China Jin Sui Tongbao card, Shen Jiazhu identity card two, Shen Guoliang rural credit union savings certificate, Shen Ailan rural credit union savings certificate two, Yu Gang rural credit union savings deposit interest list, Wang Cunxian rural credit union savings deposit interest list, rural credit union savings a book, Tang Guixian rural credit union savings a book. A copy of the book, Tang Guixian RMB 1 70.7 yuan, Lv Cuihua RMB 71 0 yuan, Shen Lanfen RMB 1 000 yuan, RMB 640 yuan, respectively, shall be returned.
If you do not accept this judgment, you may appeal to the Intermediate People's Court of Kunming, Yunnan Province through this court or directly within ten days from the second day of receipt of the judgment. Written appeal shall be submitted to the original appeal, seven copies.