Defendant Li, male,1born on February 5, 1993, is unemployed. On June 9, 2009, 10, when Li was walking in the street, a resident upstairs threw water from the window, which happened to be poured on Li's head. Li looked up angrily and shouted upstairs, asking who poured the water, but no one answered. Li stood in the same place and called Zhu (male, 17 years old), Deng (male, 17 years old) and Tang (male, 19 years old). After discussion, the four men came to a door on the third floor and knocked at the door. Someone in the room asked who was knocking at the door, and Li replied, "Police, check the accounts!" " After cheating to open the door, four people swarmed around the field that opened the door and asked him why he poured water downstairs. Tian said he didn't pour water downstairs. Deng took out the dagger he carried with him and let Tian admit it. Tian was forced to admit it. Tang asked Tian to pay 300 yuan money, but Tian didn't want to, and only agreed to give 50 yuan money. Li Xiangzhu winked, and Zhu went into the room to look for a laptop. Li said to Tian, "You are allowed to take out 3,000 yuan to get the computer back within 3 days." Without leaving any contact information, the four men took the computer the same day and sold it at the price of 1500 yuan. After the incident, Zhu, Deng and Tang absconded and Li was arrested.

Combined with the facts of this case, analysis:

(1): In this case, Li constitutes robbery. For the purpose of illegal possession, Li entered the victim's house with others, and took the victim's property on the spot when the victim did not dare to resist, which met the requirements of robbery. Article 263 of the Criminal Law 1: "Whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined."

①: Violent method refers to the illegal use of tangible force against the owner, possessor and manager of property, which makes the victim unable to resist, such as beating, binding, injury, confinement, etc. Violence in robbery is violence in the narrowest sense, that is, it must be directed at people (excluding violence against objects) and be enough to suppress the resistance of the other party, but it is not required to actually suppress the resistance of the other party, let alone to endanger personal safety. The relative person of violence is not limited to the holder of property, and the use of violence against people who have the right to dispose of property and other people who hinder the acquisition of property does not affect the establishment of robbery.

②: Coercive law means threatening to use violence immediately on the spot, such as "Will you give me something? I'll kill you if you don't give it to me! " The act of making the victim afraid to resist. This kind of coercion should also be enough to suppress each other's resistance. Actors can use language to blackmail, but also through actions and gestures to blackmail; The content of coercion is to immediately commit violence against the owner and occupier of property on the spot, which is characterized by the content of refusing to hand over the property or resisting immediate coercion. However, the threat of violence in the future and the threat of non-violent content such as damaging reputation on the spot do not constitute robbery. Obviously, in this case, Li Mousi's act of threatening with a dagger belongs to robbery by violence.

③: Other methods refer to coercive methods other than violence and coercion that make the victim unable to resist. The most typical way is to temporarily lose the victim's free will with drugs and alcohol, and then rob the property. It is theft, not robbery, to take property only by taking advantage of the victim's irresistible state. For example, Tian was lying drunk at home, and Li took the laptop on the spot, which constituted theft.

(4) Forcibly seizing property refers to transferring property to oneself or a third person against the will of the other party. It mainly includes four situations: first, the perpetrator directly seals up on the spot and takes away the property possessed by the victim; Second, the accident victim delivered (disposed of) the property on the spot; The third is to carry out coercive acts such as violence and coercion, and take away their property on the spot while the other party is not paying attention; Fourth, when using violence, coercion and other behaviors, the victim fled because of fear, leaving the property around him at the scene, and the perpetrator took the property.

It should be noted that the understanding of "on the spot" should not be too narrow. Although violence, coercion or other methods have lasted for some time and do not belong to the same place, on the whole, if the behavior is uninterrupted, it should also be considered as obtaining property on the spot.

⑤ Intentional robbery means that the perpetrator knows that his robbery will cause harm to others' personal and property, and hopes or lets this happen.

(2) The seriousness of sentencing Li;

① According to the circumstances stipulated in the Criminal Law, Li was under the age of 18 when he committed robbery, and should be given a lighter or mitigated punishment according to law. The same is true of Zhu and Deng. Tang was 19 years old when he robbed, and he did not get a lighter or mitigated punishment according to law.

(2) According to the second paragraph of Article 263 of the Criminal Law: "Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated: 1. Robbery at home; 2. Robbery on public transport; 3. Robbing banks or other financial institutions; 4. Robbery for many times or the amount of robbery is huge; 5. Robbery causes serious injury or death; 6. Pretending to be robbed by military and police personnel; 7. Armed robbery; 8. Snatching military materials or emergency rescue, disaster relief and relief materials. " In this case, Li and other four people violated the criminal law, and the statutory circumstances of "burglary" were aggravated.

(3) the problem of getting punished. Because robbery is a violent crime and one of the eight statutory punishments stipulated in Article 17 of the Criminal Law, the subject of robbery is a natural person who has reached the age of 14, and is not restricted by 16. All four of Li, who are over 14 years old, have the ability to identify and control, subjectively have the purpose of intentional and illegal possession of robbery, and all of them have committed acts of violence and coercion. Therefore, the robbery of Li and other four people was established.

I hope it helps you. In addition, it is better to do your homework yourself.