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CaseNo. (20 10): Judges Qi Guoan, Chen Hong and Ai Xiangling.
The conclusion date of the ruling on the nature of the document is 20 10. 12.06.
Trial court: the final trial of the Intermediate People's Court of Hengyang City, Hunan Province.
Magic reference code CLI. C.308583
The full text shows the view of "window of magic weapon"
Liu Xiong and other thefts.
Hengyang intermediate people's court
The verdict of criminal proceedings
(20 10) hengfa criminal law final word No.2 129.
People's Procuratorate of Hengnan County, Hunan Province.
Appellant (defendant in the first instance) Huang Wenzhong. On suspicion of committing theft, he was criminally detained on October 8, 20 10/KLOC-0, and was arrested on February 8 of the same year. Now detained in Hengnan County Detention Center.
Appellant (defendant in the first instance) Liu Qi. On suspicion of committing theft, he was criminally detained on October 8, 20 10/KLOC-0, and was arrested on February 8 of the same year. Now detained in Hengnan County Detention Center.
Defendant Xiong Liu in the original trial. On suspicion of committing theft, he was criminally detained on October 8, 20 10/KLOC-0, and was arrested on February 8 of the same year. Now detained in Hengnan County Detention Center.
Defendant Yu Zuxiang in the original trial. On suspicion of committing theft, he was detained on 20 10128 and arrested on 8 February of the same year. Now detained in Hengnan County Detention Center.
Defendant Liu in the original trial. In June 2006, he was sentenced to three years and two months' imprisonment and fined 4000 yuan by the Intermediate People's Court of Chenzhou City, Hunan Province for committing robbery and intentional injury. Arrested on February 8, 20 10 on suspicion of theft. Now detained in Hengnan County Detention Center.
Defendant Liu Zhengjun in the original trial. On suspicion of committing theft, he was criminally detained on October 8, 20 10/KLOC-0, and was arrested on February 8 of the same year. Now detained in Hengnan County Detention Center.
The People's Court of Hengnan County, Hunan Province tried the case that the People's Procuratorate of Hengnan County, Hunan Province accused the defendant, Yu Zuxiang, Liu, Liu Qi of committing theft, and on September 3, 20 10, it made a criminal judgment (20 10) No.66. Defendants Huang Wenzhong and Liu Qi refused to accept the appeal. On 201011015, our college formed a collegial panel according to law. After reading the papers and interrogating the defendant, if the facts are clear, the trial will not be held. Now the trial is over.
According to the original judgment, from July 2009 to the end of February of 65438+ the same year, the defendants, Yu Zuxiang, Liu, Liu Qi and others successively stole 9 motor vehicles in Chenzhou, Hengyang and Yongxin County, Jiangxi Province (of which 1 failed, and the owners of 3 vehicles were recovered), with a total value of 285,880 yuan. Among them, the defendant Xiong Liu committed theft for 7 times, and stole 8 vehicles (of which 1 vehicle failed). The value of stolen property was 25718,000 yuan, and the individual shared the stolen money10,000 yuan. Defendant Yu Zuxiang committed theft five times and stole seven vehicles. The value of the stolen property was 2 1.638 million yuan, and the individual was divided into 2,500 yuan. Defendant Liu Qi committed theft three times and stole three vehicles. The value of the stolen property was 100420 yuan, and the personal share of the stolen money was 1600 yuan. After the crime, the stolen money was paid to 1600 yuan. Defendant Liu committed theft twice and stole two vehicles. The value of the stolen property was 6.0 1.0000 yuan, and the personal share of the stolen money was 65.438+0.0000 yuan. After the incident, it paid back the illegal money of 65.438+0.0000 yuan. Defendant Huang Wenzhong committed theft twice and stole two vehicles. The value of the stolen property was 5 19000 yuan, and the personal share of the stolen money was 4000 yuan. Defendant Liu Zhengjun committed theft twice, stealing two vehicles (one of which was attempted). The stolen property was worth 75,420 yuan, and the individual shared the stolen money 800 yuan.
The above facts are confirmed by the defendant's confession, the victim's statement, the witness's testimony, the on-site investigation records and photos, the motor vehicle sales invoice, the registered motor vehicle information, the appraisal conclusion of Hengnan County Price Certification Center, the arrest process, the telephone list, the criminal judgment No.7 of Chenzhou Intermediate People's Court (2006) and the household registration certificate. On this basis, according to the provisions of Articles 264, 25, paragraph 1, 23, 26, paragraph 1, paragraph 4, 27, 45, 47, 52, 53, 65, paragraph 1, 72 and 73 of the Criminal Law of People's Republic of China (PRC), the verdict is: (1) Defendant Yu Zuxiang commits theft. (3) Defendant Liu was convicted of theft, sentenced to 9 years in prison and fined 20,000 yuan; (4) Defendant Huang Wenzhong was convicted of theft, sentenced to eight years in prison and fined 20,000 yuan; (5) Defendant Liu Qi was convicted of theft, sentenced to six years in prison and fined 30,000 yuan; (6) Defendant Liu Zhengjun was convicted of theft and sentenced to three years' imprisonment, suspended for five years and fined 20,000 yuan. (7) Confiscate a LA8950 mini-car of the defendant Liu Qi and a LA9373 black Geely sedan of the defendant Huang Wenzhong.
Huang Wenzhong, the appellant, appealed that the original judgment found the facts wrong, and the appellant was only responsible for picking up people by car, did not propose and participate in car theft, and was not responsible for unlocking. The appellant was not the principal offender in this case, and the sentence in the original trial was extremely heavy. Request the court of second instance to find out the facts and change the sentence.
Liu Qi, the appellant, appealed that he was only responsible for driving others to collect freight in the crime of * * *, and did not participate in the crime and the distribution of stolen goods. The sentence in the original trial was too heavy, and the court of second instance was requested to find out the facts and make a fair judgment.
It was found through trial that from September 2009 to June 5438+February 2009, the Appellant and Liu Qi, together with the defendants in the original trial, Yu Zuxiang, Liu, and others, fled to Chenzhou City, Hengyang City, Yongxin County, Jiangxi Province and other places successively, stealing other people's mini-cars by picking up car locks.
* * * 9 vehicles with a value of 285,880 yuan. The specific facts are as follows:
On the morning of September 30th, 2009, around 1, four people, Yu Zuxiang, Liu Qi and Liu Qi, arrived at Jiepei Art Kindergarten at Zhenxing North Road 129, Anren County, Chenzhou City, taking their own screwdrivers and scissors and taking the rented Hunan LA8950 mini-car operated by Liu Qi. After Yu Zuxiang and Liu got off the bus, Liu Qi drove away and waited nearby to meet them. In the kindergarten, a mini-car named Xiang L9DW28 owned by Chen is parked. And Liu watched the wind, and Yu Zuxiang was responsible for locking the car. After Yu Zuxiang unlocked the lock, he and Liu stole the car with a trolley. After four people stole the car, Yu Zuxiang sold the car to the "baby" in Guiyang County, Chenzhou City (handled separately), and got the stolen money of 5,000 yuan, with each of the four people sharing 1000 yuan. Appraised by Hengyang Lianzhong Motor Vehicle Appraisal and Evaluation Co., Ltd., Chen
The "Wuling Light" brand mini-car is worth 26,500 yuan.
2. On the morning of June 5438+1 October 5, 20091or so, Yu Zuxiang,, and Huang (on the run) took the master key, hydraulic tongs and other tools and drove to Group 3, xinglong village, Dayi Township, leiyang city, and found D8D379 "parked by the owner. He left the scene in his Hunan L54952 car, and Huang He sat in the car waiting to pick him up. Liu Xiong went to the parking place to find out the situation. After confirming that there is no one in the car, Yu Zuxiang locks the car, drives to the place where Huang and others are waiting, and then gives the car to Yongxing County, Chenzhou City. Subsequently, Yu Zuxiang sold the car to Bao Bao for 4600 yuan, and Yu Zuxiang, Gede 1500 yuan, and Huang Gede got 800 yuan. Appraised by Hengnan County Price Certification Center, the value of Zhou Yanjun "Changan Star" brand mini-car is 34,020 yuan.
3. At 0 o'clock in the morning of June 165438+ 10/2009, Yu Zuxiang, Liu and Liu Qi took the tools such as master keys and hydraulic tongs to the second residential building on the left side of Chengbei Middle School, Longshan Road, Yongxing County, Chenzhou City, and found the owner of Chen Xiang L5LG stopped. At 2 o'clock in the morning, Liu Qi was driving his car and waiting to pick up the plane nearby. Liu, responsible for lookout. Yu Zuxiang opened the car door and Liu He pushed the car. Yu Zuxiang stole it in his car. Yu Zuxiang drove the stolen car to Youshi Town, Yongxing County, and gave it to the defendant Liu to drive to his village to hide. After being reported by others, the stolen car was detained by the oil market police station in Yongxing County and returned to the owner. After appraisal, the value of Chen's "Wuling Hongtu" brand mini-car is 33,600 yuan.
4. At about 22: 00 on February 3, 2009, 65438+ Yu Zuxiang,,, Huang, (at large) and "Laowu" (at large, the basic situation is unknown) took the master key, a slotted wrench, an acute-angle wrench and other tools from Matian Town, Yongxing County, Chenzhou City, and took the Xiang LA9373 black Geely sedan driven by Huang. Before entering the expressway, get off with Huang and change the license plate Xiang LA9373 to Xiang DY6622. Then they drove through Beijing-Zhuhai Expressway and Hengkun Expressway to find the target. At about 1 o'clock the next morning, six people found the owner of a Wuling mini-car with the brand of Xiang D25756 and a car with the brand of Xiang DB279 1 Wuling not far from the owner. Six people decided to steal two cars, while Huang waited a few hundred meters away from the scene in a Geely car. Huang Wenzhong and Liu Junqing walked to the two ends of the parking lot respectively. Yu Zuxiang and the "old five" used tools such as master keys to unlock the lock. "Old Five" holds the steering wheel in the cab, while Yu Zuxiang, Xiong Liu, Huang Wenzhong and Liu Junqing are responsible for pushing the cart, and then start the car after pushing it to a safe position. After about 2 kilometers' walk, Yu Zuxiang, Xiong Liu, Liu Junqing and "Laowu" got off the bus and gave the car to Huang Wenzhong. He first drove the Hunan D25756 Wuling mini-car back to Yongxing County, Chenzhou City. Later, Huang drove a Geely car to send Yu Zuxiang and returned to Gushan Street in Sulphur Town. Yu Zuxiang still unlocked the brand of Hunan DB279 1 Wuling mini-car with the master key, and the "old five" mastered the steering wheel. Liu Xiong and Liu Junqing stole the car, and Liu Xiong drove it back to Yongxing County, Chenzhou City. Subsequently, Yu Zuxiang, Lao Wu and Huang fled to the family building of Lushi Town Central Hospital in Hengnan County. Lao Wu is in charge of stealing cars, Yu Zuxiang and Liu Junqing are in charge of lookout carts, stealing the owner's Ou Fengyun brand Guangdong SBF967 Wuling brand mini-car. After returning to Matian Town, Yongxing County, all three stolen cars were sold to Yu Zuxiang and others. The next day, six people shared the money for selling cars, including 2 100 yuan in Liu Xiong and 1000 yuan in Huang Wenzhong. After the incident, the victim's Xiang D25756 mini-car and the victim's Xiang DB279 1 mini-car were recovered by the Criminal Investigation Brigade of Hengnan County Public Security Bureau and returned to Hehe respectively. It was identified that the Guangdong SBF967 Wuling brand mini-car stolen by the owner Ou Fengyun was worth 28,700 yuan; The Hunan DB279 1 Wuling mini-car stolen by the owner Ouyang Li is worth 29,440 yuan; The Hunan D25756 Wuling mini-car stolen by the owner Chen Haihua is worth 23,800 yuan.
5. At about 22 o'clock on February 5, 2009, No.65438 Yu Zuxiang, Xiong Liu, Liu Qi, "Laowu" and Liu Junqing took tools such as hydraulic tongs and master keys, took a Hunan LA8950 mini-car driven by Liu Qi, set out from Matian Town, Yongxing County, and went to hongshan town, Hengnan County via Beijing-Zhuhai Expressway to find the theft target. At about 1 the next morning, five people found a car with Xiang D27042 Wuling brand parked by owner Xiao layuan in the street near hongshan town bazaar. After deciding to steal Xiao Layuan's car, Liu Qi drove his own car and waited for someone nearby. Liu Xiong and Liu Junqing are in charge of keeping watch at the intersection next to the car. About 10 minutes later, Yu Zuxiang and Lao Wu unlocked the car and stole it. Liu Xiong drove back to Matian Town, Yongxing County, and Yu Zuxiang, Lao Wu and Liu Junqing sold the car. The next day, Yu Zuxiang divided the money for selling cars, among which Liu Xiong got 1 100 yuan and Liu Qi got 600 yuan. It was identified that the Xiang D27042 Wuling mini-car stolen by Xiao Layuan was worth 40,320 yuan.
6. On the morning of February 9, 2009, at about 0: 00, I went to Quanxi Town, Hengnan County with my "Laowu" and used tools such as hydraulic tongs to look for opportunities to commit crimes in the Hunan L54952 mini-car. Liu Zhengjun drove back to Quanxi Town. Liu Xiong and "Laowu" went to the street of Quanxi Town to find the target of the crime. In Quanxi Town Hospital, they found Liu Dexiang D243 1 1 Wuling mini-car. Xiong Liu looked at the wind, and Lao Wu pried open the door to unlock it. Then, "Old Five" sat in the cab and grabbed the steering wheel. Xiong Liu pushed the car behind, trying to push it out of the courtyard, and then started stealing. There was a noise when pushing the cart. When the shopkeeper Liu Faxian bought it, he shouted "Stop thief". Liu Xiong and the "old five" abandoned the car and fled. Later, Liu Qi drove them back from Chenzhou. According to the appraisal, the value of Xiang D2431KLOC-0/Wuling mini-car stolen by Liu is 4. 14 yuan.
7.65438 On the evening of February 27th, 2009, Huang came from Yongxing County, Chenzhou City to Yongxin County, Jiangxi Province, and took the master key and other tools to find the target of the crime in Xiang LA9373 Geely car driven by Huang. In the early morning of the next day, three people found a King Kong brand agricultural vehicle with the brand of Gan D7 1646 parked by the owner on Hope Avenue in Tian Li Town. , yellow wind, unlock. After Huang Yong pushed the car into the distance with the steering wheel, he started the car and headed for Yongxing County. Subsequently, Huang sold the stolen goods at a price of 1.3 million yuan. Liu Xiong got 4,300 yuan and Huang Wenzhong got 3,000 yuan. According to the appraisal, the stolen agricultural vehicle of Jiangxi D7 1646 King Kong brand in Myong Hwa Jon is worth 28 1000 yuan.
To sum up, * * * stole 9 motor vehicles, failed 1 vehicle, recovered 3 vehicles and returned them to their owners. Among them, Xiong Liu committed 7 thefts and stole 8 vehicles, of which attempted 1 vehicle, with a value of 257 1.8 million yuan, and received illegal money 1.8 million yuan; Yu Zuxiang stole 5 times and 7 vehicles, with a value of 2 1.638 million yuan, and shared the stolen money of 2,500 yuan; Liu Qi committed theft for three times and stole three vehicles, with a value of 100420 yuan, and was punished by 1600 yuan. After the incident, he paid 1600 yuan. Liu stole two vehicles for two times, with a value of 6.0 1.0000 yuan, with a share of 1.0000 yuan, and paid back 1.0000 yuan after the incident; Huang Wenzhong stole twice, stealing 2 vehicles, the value of stolen property was 5 19000 yuan, and the stolen money was 4000 yuan; Liu Zhengjun committed theft twice, stealing two vehicles, with a value of 75,420 yuan, and sharing the stolen money with 800 yuan equally.
The above facts are confirmed by the following verified evidence:
1. The statements of the victims Chen, Chen, Ou Fengyun, Xiao Layuan, Liu, respectively confirmed the time, amount, model, license plate number, engine number, mileage, condition, time and place of the vehicle being stolen.
2. The testimony of witnesses Wu Moumou, Wang Mou and Huang Moumou respectively confirmed the time and place when the victim, Ou Fengyun and Liu's Wuling mini-car were stolen.
3. Records of the inquest, photos of the crime scene and photos of the stolen vehicle, respectively confirming the time and place of the defendant's crime of stealing the vehicle and the brand and model of the stolen vehicle.
6. Uniform invoice for motor vehicle sales, registered motor vehicle information, compulsory motor vehicle traffic accident liability insurance policy (copy), motor vehicle license application form and copy of driving license, which respectively prove the purchase time, place, amount, model, model, engine number, insurance number and driving license number of the stolen vehicle.
7. The appraisal conclusion and the list of appraisal items of Hengnan County Price Appraisal Center, the price appraisal conclusion of Anren County Price Appraisal Center and the motor vehicle appraisal report of Hengyang Lianzhong Motor Vehicle Appraisal and Evaluation Co., Ltd. respectively confirmed the value of the stolen vehicle when it was stolen.
8. The arrival and arrest of the defendants in the original trial confirmed the time and place of arrest of Yu Zuxiang, Liu Qi and Liu Zuxiang.
9. Extract the transcripts, seizure transcripts, seizure list and receipt, respectively confirming that the public security organs have seized three stolen vehicles and tools of Liu Qi's Hunan LA8950 mini car and Hunan LA9373 black Geely car.
10, call list, video data of transit vehicles, and vehicle access information, which respectively confirm that Xiong Liu and others took the vehicle to commit cross-regional crimes and the time when the vehicle entered and exited the expressway.
1 1,,, Yu Zuxiang, Liu, Liu Qi, respectively, on the number of times, time, place, communication mode, crime tools, specific crime methods, their respective roles in committing crimes, types, models, license plates, whereabouts of stolen cars sold, stolen value,
Chenzhou Intermediate People's Court (2006)No. 12 criminal judgment and release certificate, which prove that Liu was sentenced to three years and two months in prison on124, 2006 and released on15, 2008.
1 1. Household registration certificate, which proves the age and identity of Yu Zuxiang, Liu, Liu Qi.
We believe that the appellants Huang Wenzhong and Liu Qi, together with the defendants Xiong Liu, Yu Zuxiang, Liu Caicheng and Liu Zhengjun in the original trial, secretly stole other people's motor vehicles in the middle of the night for the purpose of illegal possession, and the amount was extremely huge, which constituted theft. The original judgment and conviction were accurate. Appellant Huang Wenzhong suggested that he was only responsible for picking up people by car, did not propose and participate in car theft, and was not responsible for unlocking. The appellant is not the principal offender in this case. After investigation, in the crime committed on the night of February 27th, 2009, Huang Wenzhong committed the unlocking behavior, which was confirmed by the confession of himself and his accomplice Xiong Liu. The original judgment found that Huang Wenzhong played a major role in this crime. The facts are clear, and the evidence is true and sufficient, which is enough to identify. Therefore, Huang Wenzhong's appeal that he is not the principal offender of this crime cannot be established, and this court will not accept it. The appellant Liu Qi appealed that the original sentence was too heavy. After investigation, Liu Qi participated in the theft three times, with a value of 654.38+10,000 yuan, which was extremely huge. Should be sentenced to 10 years in prison. The original judgment found that Liu Qi was an accessory, and he was given a mitigated punishment and sentenced to six years in prison, which was in line with the law. According to the circumstances of Liu Qi's crime, the original judgment and sentencing were appropriate. Therefore, the reason that Liu Qi's appeal put forward that the original sentence was too heavy could not be established. Xiong Liu and Yu Zuxiang, the defendants in the original trial, gathered people, stepped on the spot, unlocked the lock and sold the stolen goods, all of which played a major role in this case and were co-principals. Huang Wenzhong, the appellant, had twice gathered people to participate in the theft. In a theft, he unlocked the car and stole it, which played a major role. Once he just watched the wind and played a secondary role. Liu Zhengjun, the defendant in the original trial, and Liu Qi, the appellant, both played a minor role in this case and were accomplices of the same crime. On February 9, 2009, the attempt to steal Liu's Wuling mini-car was attempted due to reasons other than will, which was an attempted crime. This crime can be given a lighter punishment according to the accomplished crime. Liu Zeng, the defendant in the original trial, was sentenced to fixed-term imprisonment for a crime. After the execution of the penalty, he committed the crime of being sentenced to fixed-term imprisonment or more within five years, which is a recidivist and should be severely punished according to law. Liu, Liu Qi and Liu Qi are all accomplices and should be given a lighter or mitigated punishment. According to their respective criminal circumstances, it is basically appropriate for the original judgment to apply mitigated punishment to them. Liu Zhengjun's crimes are relatively minor. According to his repentance and past performance, probation will no longer harm society, and the original judgment is appropriate. To sum up, the original judgment found the facts clear, the evidence was true and sufficient, the applicable evidence was legal, the procedure was legal, and the sentencing was basically appropriate. Accordingly, in accordance with the provisions of Item (1) of Article 189th of the Criminal Law of People's Republic of China (PRC), the ruling is as follows:
Reject the appeal and uphold the original judgment.
This is the final verdict.
Chief Justice Qi Guoan
Judge Chen Hong.
Judge AI Xiangling
20 10 year16 February
Bookkeeper Li