Judgment results
Beijing Chaoyang District People's Court
Criminal judgment
(2019)Beijing 0105 criminal 368
Public Prosecution Organization Beijing Chaoyang District People's Procuratorate.
The defendant Zhang Shidei, female, born on January 7, 1996, Han nationality, university culture, formerly a student of Beijing x University x College, household registration location of Taocheng District, Hengshui City, Hebei Province. On suspicion of committing the crime of obstruction of official business on November 11, 2018 was detained, the next day was criminally detained, on November 26 of the same year was arrested. Now detained in Beijing Chaoyang District Detention Center.
Defense Wang Zhu, Beijing Guowang Law Firm lawyer.
Dan Zhanrong, Beijing Guowang Law Firm.
The Public Prosecution Office charged the defendant Zhang Shidai with the crime of obstructing official business with the indictment No. 91 of Beijing Chaoyang Prosecution Public Prosecution Criminal Prosecution [2019]. The court applied the speedy trial procedure for criminal cases, practiced solo trial, and heard the case in public.
The Public Prosecution Bureau alleges and the Court found that: the defendant Zhang Shidei at 15:00 on November 11, 2018, in the Chaoyang District, Beijing subway Batong Line Guanzhuang Station, West Hall security check, because of carrying a fruit knife into the station and the security inspector dispute. When the police Wang Mou arrived at the scene to dispose of, the defendant Zhang Shidai refused to cooperate with the police work, kicked the police Wang Mou thighs at the gate entrance of the subway station, and then hit the police Wang Mou face in the aisle outside the door of the subway station police office. The defendant Zhang Shidai was arrested by the public security organs, has signed the "plea of guilty and punishment to the conclusion of the book".
The public prosecution authorities believe that the defendant Zhang Shidai's behavior has constituted the crime of obstruction of official business, according to the defendant Zhang Shidai's facts and circumstances of the crime, it is recommended that the defendant Zhang Shidai be sentenced to six months to eight months of imprisonment.
Defendant Zhang Xidei and his defense did not object to the facts of the charge, the crime and the sentencing recommendation and the defendant Zhang Xidei has signed a statement, and did not object during the hearing.
The court believes that the public prosecution authorities accused Zhang Shidai of obstructing official duties, the facts are clear, the evidence is true and sufficient, the charges are substantiated, the sentencing recommendations are appropriate and should be adopted. In accordance with the provisions of the Criminal Law of the People's Republic of China, Article 277 (1) and (5), Article 67 (3), Article 45, Article 47 and Article 61, the verdict is as follows:
The defendant Zhang Shidai is guilty of the crime of obstruction of official business, and is sentenced to six months' fixed-term imprisonment (the term of imprisonment will be calculated from the date of the judgment). If he is detained before the execution of the sentence, one day of detention shall be credited to one day of imprisonment, i.e., from November 11, 2018, to May 10, 2019.) .
If you do not accept this judgment, you may, within ten days from the second day of receipt of the judgment, appeal through this court or directly to the Beijing Municipal No. 3 Intermediate People's Court. In the case of a written appeal, one original and two copies of the appeal shall be submitted.
Song Lei, Judge
February 13, 2009
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