Feng Chunfu stole criminal judgment in the first instance.
People's Procuratorate of Luchuan County, Guangxi Zhuang Autonomous Region.
Defendant Feng Chunfu, male, was born in Luchuan County, Guangxi Zhuang Autonomous Region in * * *, Han nationality, primary school culture, farmer, and lives in Luchuan County. On February 7th, 20 15, 16, 1 18, he was sentenced to one year and one month's imprisonment by our hospital. Suspected of committing theft, he was criminally detained by Luchuan County Public Security Bureau on 20 18 12, and was arrested on the 23rd of the same month. Now detained in Luchuan County Detention Center.
Trial process
Luchuan County People's Procuratorate prosecuted the defendant Feng Chunfu for committing theft. The land criminal inspection [20 18] 1 1 filed a public prosecution with our hospital on April 23, 20 18. The court filed a case on the same day. The summary procedure was applied according to law and the case was heard publicly. Luchuan County People's Procuratorate appointed inspector Qiu Lu to appear in court to support the public prosecution, and defendant Feng Chunfu attended the lawsuit. The trial is now over.
Request situation
Luchuan County People's Procuratorate accused:
At about 1, 2017111,the defendant got off the bus from Luchuan to Yulin by Feng Chunfu (license plate Gui K K××××).
2.2065438+07 On February 7th, 2065438+07, the defendant Feng Chunfu stole RMB 13000 yuan from the victim Chen Mou while he was sleeping.
To sum up, the defendant Feng Chunfu's theft amount was RMB 65,438+RMB 65,500.
The public prosecution agency provided corresponding evidence to prove the above facts. The public prosecution agency believes that the defendant Feng Chunfu's behavior violated the provisions of Article 264 of the Criminal Law of People's Republic of China (PRC) and should be investigated for criminal responsibility for theft. Defendant Feng Chunfu is a recidivist and should be severely punished. Submit to our court for sentencing according to law.
Defendant Feng Chunfu has no objection to the accusation of the public prosecution agency.
It was found through trial that:
1. At about 201654381October+0111,the defendant Feng Chunfu got on the bus from Luchuan to Yulin (license plate Gui KK ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
The above facts are confirmed by the evidence provided by the public prosecution agency, such as case registration form, filing decision, household registration certificate, capture process, on-site inspection record, surveillance video screenshot identification record, victim Qin's statement, defendant Feng Chunfu's confession and so on. This is enough to be recognized.
2.2065438+On February 7th, 2007, the defendant Feng Chunfu stole RMB 13000 yuan from the victim's coat and underwear bag while he was sleeping.
Case facts
The above facts were confirmed by the evidence provided by the public prosecution agency, such as the case registration form, the filing decision, the on-site inspection record, the statement of the victim Chen Mou and the confession of the defendant Feng Chunfu, and were verified by the court. This is enough to be recognized.
It was also found out that the defendant Feng Chunfu was sentenced to one year and one month in prison by our hospital on 20 15, 12 and 17, and was released from prison on 20 16 and18.
The above facts, including the release certificate of criminal judgment and Wuzhou Prison (20 16) Wu Jian FangziNo. 1406 provided by the public prosecution agency, and the confession of the defendant Feng Chunfu, are enough to be recognized after cross-examination and authentication by the court.
To sum up, the defendant Feng Chunfu committed theft twice, and the total amount of theft was RMB 16500 yuan.
Court view
We believe that the defendant Feng Chunfu stole other people's property on public transport for the purpose of illegal possession, and his behavior has violated the criminal law and constituted theft. The public prosecutor accused the defendant Feng Chunfu of theft. Feng Chunfu was sentenced to fixed-term imprisonment for intentional crime. After being released from prison, he intentionally commits a crime that should be sentenced to fixed-term imprisonment or more within five years. He is a recidivist and will be severely punished according to law. After Feng Chunfu was brought to justice, he confessed the crime truthfully, which was a confession and was given a lighter punishment according to law. According to Articles 264, 65, paragraph 1, 67, paragraph 3, 64, 52 and 53 of the Criminal Law of People's Republic of China (PRC), Article 1, paragraph 1, Article 3, paragraph 4 and Article 14 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft, Articles 1 and 2, paragraph 1 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Property Punishment,
Case results
1. Defendant Feng Chunfu was convicted of theft, sentenced to one year and nine months in prison and fined RMB 4,000.
(The term of imprisonment shall be counted from the date of execution of the judgment. In case of detention before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from 20 18 12 10 to 2019110. The time limit for paying the fine is within one month after this judgment takes effect. Those who fail to pay within the time limit will be enforced. )
2. The defendant Feng Chunfu was ordered to compensate the victim for economic losses, of which Qin Mouping was RMB 3,500; Chen Mou alone costs 13000 RMB.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Yulin City, Guangxi Zhuang Autonomous Region through our hospital or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and eight copies of the appeal shall be submitted.