Men with electric batons 'help' man robbed a profit of 2000 court sentenced to eight years - 280000
Self-defense equipment net
On May 6, news reporter windle, correspondent Hu Mingdong reported: a Shanghai man's a conspiracy to rob together with others, it is a 'accomplice', only responsible for the electric batons threat to the victim.
After the robbed 280000 yuan of money, a certain share of the money 2000 yuan.
This thought he spoils less, is an accessory, can be given a mitigated punishment.
And the court, for when the actual robbery crime amount calculation for 280000 yuan.
In the end, some up to eight years in prison.
According to Shanghai baoshan court, in November 2017, one day, a gang wang mou, Wang Mou et al. (
Have been dealt with)
Planned to be sold a set of business information, to be completed and then the company management information back, and carving up trading.
Luckily, Qiu Mou this time want to buy a company, after the change of legal person do rental business.
Afternoon, Qiu Mou received intermediary link, according to a company transfer.
Qiu Mou and neat a hit it off, and a coffee shop in baoshan district meeting about good night.
In a coffee shop, is responsible for the negotiation of price wang mou and Qiu Mou agreed to the price of 280000 yuan to sell the company's business information to Qiu Mou, wang mou left after charge 280000 yuan in cash on the spot.
Transaction is completed, a side partner Wang Mou through WeChat notice prior waiting at the gate of the coffee shop together a man upstairs.
Qi hold after a waiting upstairs by wang mou electric shock stick, threat Qiu Mou and wrenching Qiu Mou hands just bought companies operating data, data after snapped up quickly fled the scene.
'Thing', has a certain share of the money 2000 yuan.
Shortly after, Qiu Mou immediately report to the police.
At the end of June 2018, one in the policemen arrested one of the Shanghai high-speed intersection.
Prosecutors on suspicion of robbery to a prosecution to Shanghai baoshan court.
Trial, the defendant has some argue that it is not involved in plot, also did not cause harm to each other.
Has a defender to charges without objection, but think that the defendant has a subjective malignant small, before reaching the venue without intentional crimes conspired, just according to the requirements of friends to scene, and only got 2000 yuan, the fare for the crime amount can't be held to 280000 yuan.
Think at the same time, the defendant has a certain role in the crime is small, should be an accessory.
Shanghai baoshan court in combination with the parties to submit evidence that documented statement based on the defendant and the connection with related parties to confirm each other, confirmed that the defendant has a with premeditation, engage others sell Qiu Mou companies operating data, charge a transaction of 280000 yuan, and prepared to carry electric shock stick back information.
In the case of joint crime, wang mou, Wang Mou, has a person is responsible for providing information, contact buyers, involved in trading, steal information, collaboration between each member is clear, are subjective to the victim of trade for the purpose of illegal possession, objectively implemented using violence on the spot their victim property behavior, behavior nature conforms to the components of the robbery, should be convicted and punished, robbery crime amount at the actual hook of the defendant, and the victim to actual loss the money amount is calculated.
On the other hand, the defendant has a system under the others involved in actions for robbing the target information, not to hurt the victim person as main means, and spoils less, shall be deemed its a secondary or supplementary role in a joint crime, is an accessory, should be given a mitigated punishment in accordance with the law.
Unfortunately, the defendant has one to after truthfully confesses his crime, but not in the trial, involved in the attempted such main criminal facts admitted, can not maintain its have frankly.
In conclusion, Shanghai baoshan court in accordance with the relevant provisions of the 'criminal law of the People's Republic of China, the sentence the defendant's a robbery and sentenced to eight years, fine of RMB ten thousand yuan;
The victim's loss order the defendant to continue.
Appeal verdict, qi one refuses to accept, the second is upheld.