The People's Procuratorate of qiaoxi district, Shijiazhuang City charged the defendants Yang * and Guo with the crime of stirring up trouble with indictment No.438 of Public Prosecution (20 14), and filed a public prosecution with our hospital on February 25th, 20 14. After the court accepted the case, a collegiate bench was formed according to law and the case was heard in public. The People's Procuratorate of qiaoxi district, Shijiazhuang City entrusted agent Lu to appear in court to support the public prosecution. The trial is now over.
We found that
It was found through trial that:
1, 201At 0 o'clock on July 4, 2003, in a barbecue field in qiaoxi district market, Shijiazhuang City, the defendants Yang * and Feifei (on the run) beat the victim Xing * for no reason after drinking and injured Xing *. After identification, Xing was slightly injured;
2. At about 20 o'clock on September 12, 2065438, the defendant Yang * had a conflict with the employees of a mobile phone shop in Changxing Street, so he instructed the defendant Guo * to lead Li * (at large) and Saner (at large) to smash the glass door of the mobile phone shop, resulting in the direct economic loss of the victim Liu * of 65438+.
3. Defendant Yang * had a conflict with Li * B for renting karaoke bars. On September 20 13, 12 and 20 13, defendant yang * instructed defendant Guo * to lead Li * (at large), Zhang * (at large) and others. From September 4, 2065438 to September 8, 2065438, the defendant Yang * led his staff to "A karaoke room" for many times to intimidate and threaten the construction workers and stop the renovation, which caused the renovation of "A karaoke room" to stop many times;
4.20 1319, the defendant Yang * instructed the defendant Guo * to lead Zhang * (on the run), Li * (on the run) and Saner (on the run) to "a karaoke bar" to smash cables and holes for construction, and the appraisal value of the damaged property was RMB 4,590.
20 1310.30, Li * B went to the major case reconnaissance squadron of Qiaoxi Interpol Brigade of Shijiazhuang Public Security Bureau to report the illegal and criminal problems of Yang * and others. At about 7 o'clock on June 20th/KOOC-0/4th/KOOC-0/7th, the squadron police arrested Yang * in Xinhua District, Shijiazhuang City, and arrested Yang * in the rental house. Yang * compensated Xing * for various losses 15000 yuan, and Xing * expressed his understanding to Yang *. Yang * compensated Liu * B for various losses of 65,438 yuan+0,000 yuan, and Guo * compensated Liu * B for various losses of 65,438 yuan+0,000 yuan. Liu * B understands Yang * and Guo *. Yang * compensated Li * B for various losses caused by destroying the property of a karaoke bar, RMB 100000, and Guo * compensated Li * B for various losses caused by destroying the property of a karaoke bar, RMB 5,000. Li * B understands Yang * and Guo *.
Defendants Yang * and Guo * have no objection to the above facts in court, and they have the statements of victims Li *, Li *, Wang *, Liu * and Xing, the testimony of witnesses Wang *, Li *, Liu *, Zhang * and Wang * B, the appraisal record, photos of damaged property and shopping receipts, alarm records, the victim's medical records and the price appraisal opinions of Shijiazhuang commodity price appraisal center involved.
The court held that
The court believes that the defendants Yang * and Guo * arbitrarily damaged other people's property, and the circumstances were serious; Intimidating others, the circumstances are bad, and his behavior has constituted the crime of provoking trouble, and the public prosecution agency accused him of being guilty. Defendants Yang * and Guo * truthfully confessed the facts of the crime after returning to the case, pleaded guilty in court and were given a lighter punishment according to law; Defendants Yang * and Guo * reached a settlement agreement with the victim, and the victim expressed understanding to Yang * and Guo * respectively, and gave the defendants Yang * and Guo * a lighter punishment as appropriate; The defendant Guo * committed another crime that should be sentenced to more than fixed-term imprisonment within five years after the execution of fixed-term imprisonment, which was a recidivist and was severely punished according to law.
Referee result
In accordance with the provisions of Items 1 and 3 of Paragraph 1 of Article 293 of the Criminal Law of People's Republic of China (PRC), Paragraph 3 of Article 65, Articles 45 and 47 and Article 74 of the Criminal Procedure Law of People's Republic of China (PRC), the verdict is as follows:
Defendant Yang * was sentenced to one year and six months in prison for the crime of stirring up trouble.
(The term of imprisonment shall be calculated 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 counted as one day, the period of residential surveillance at the designated residence shall be counted as one day, and two days of residential surveillance shall be counted as one day, that is, June 2065438+June 2004 to June 2065438+February 2005 19 years.
2. Defendant Guo * committed the crime of stirring up trouble and was sentenced to one year and six months' imprisonment.
(The term of imprisonment shall be calculated 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 counted as one day, the period of residential surveillance at the designated residence shall be counted as one day, and two days of residential surveillance shall be counted as one day, that is, June 2065438+June 2004 to June 2065438+February 2005 19 years.
Referee date
20 15 February
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