20 12 On March 20th, Qingdao Intermediate People's Court made a first-instance judgment on "Nie Lei's triad-related case". The verdict is as follows: 1. Defendant Nie Lei was convicted of organizing and leading an underworld organization and sentenced to 10 years in prison; Commit the crime of intentional injury, be sentenced to death and be deprived of political rights for life; He was convicted of organizing prostitution, sentenced to life imprisonment and confiscated all his personal property; He was convicted of opening a casino, sentenced to nine years in prison and fined 100 million yuan; He was convicted of stirring up trouble and sentenced to five years in prison; Committed the crime of forced trading, sentenced to two years in prison and fined 500,000 yuan; He was convicted of obstructing official duties and sentenced to one year and six months in prison; He was convicted of illegally buying and selling guns and sentenced to four years in prison; He was convicted of illegal possession of guns and sentenced to seven years in prison; He was convicted of harboring, sentenced to five years in prison, decided to execute the death penalty, deprived of political rights for life, and confiscated all personal property; Defendant Jiang Yuan was convicted of leading a triad organization and sentenced to nine years' imprisonment. He was convicted of intentional injury, sentenced to 12 years in prison and deprived of political rights for two years; He was convicted of opening a casino, sentenced to seven years in prison and fined RMB 50 million. Decided to execute fixed-term imprisonment of 20 years, deprivation of political rights for two years, and fined RMB 50 million. Defendant Ren Hao was convicted of leading a triad organization and sentenced to nine years in prison; He was convicted of intentional injury, sentenced to 11 years in prison and deprived of political rights for one year; Whoever commits the crime of gambling shall be sentenced to one year in prison and fined 200,000 yuan; He was convicted of stirring up trouble and sentenced to five years in prison; He was convicted of illegal possession of guns and sentenced to six years in prison, decided to execute 20 years in prison, deprived of political rights for one year, and fined 200,000 yuan; Defendant Yan Li was convicted of leading a triad organization and sentenced to six years in prison; He was convicted of organizing prostitution, sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property; He committed the crime of stirring up trouble and was sentenced to one year in prison, decided to execute life imprisonment, deprived of political rights for life, and confiscated all personal property; The defendant Lu committed the crime of leading an underworld organization and was sentenced to six years in prison; He was convicted of opening a casino, sentenced to six years in prison and fined RMB 40 million. Decided to execute a fixed-term imprisonment of 11 years and impose a fine of RMB 40 million. The defendant Shi committed the crime of participating in the underworld organization and was sentenced to five years in prison; Crime of intentional injury, sentenced to death, suspended for two years, deprived of political rights for life; He was convicted of stirring up trouble and sentenced to one year and six months in prison; Sentenced to one year in prison for nuisance of official duties, decided to execute the death penalty, suspended for two years, deprived of political rights for life; Defendant Wang committed the crime of participating in the underworld organization and was sentenced to three years in prison; He was convicted of intentional injury, sentenced to 15 years in prison and deprived of political rights for three years, and decided to execute 16 years in prison and deprived of political rights for three years; Defendant Liu committed the crime of participating in the underworld organization and was sentenced to three years in prison; He was convicted of intentional injury, sentenced to 13 years in prison and deprived of political rights for two years, and decided to execute 14 years in prison and deprived of political rights for two years; The defendant was sentenced to four years in prison for committing the crime of participating in the underworld organization; Whoever commits the crime of gambling shall be sentenced to one year in prison and fined 300,000 yuan; He was convicted of stirring up trouble and sentenced to three years in prison; For the crime of illegally buying and selling guns, he was sentenced to one year and six months in prison, decided to execute six years in prison, and fined 300,000 yuan; Defendant Wang Bin committed the crime of participating in the underworld organization and was sentenced to three years in prison; He was convicted of intentional injury and sentenced to five years in prison; He was convicted of stirring up trouble and sentenced to one year in prison; He was convicted of illegal possession of guns and sentenced to three years in prison; He was convicted of extortion and sentenced to two years in prison, and decided to execute 12 years in prison; The defendant Ma was convicted of participating in the underworld organization and sentenced to three years in prison; Sentenced to two years in prison for the crime of seeking trouble; He was convicted of illegal possession of guns and sentenced to five years in prison, and decided to execute nine years in prison; Defendant Shi Gang committed the crime of participating in the underworld organization and was sentenced to four years in prison; He was convicted of stirring up trouble and sentenced to three years and six months in prison; He was convicted of illegal possession of guns and sentenced to six years in prison, and decided to execute 12 years and six months in prison; Defendant Wang Jian committed the crime of participating in the underworld organization and was sentenced to four years in prison; He was convicted of stirring up trouble and sentenced to three years in prison; He was convicted of illegal possession of guns and sentenced to three years in prison, and decided to execute nine years in prison; Defendant Li committed the crime of participating in the underworld organization and was sentenced to four years in prison; He was convicted of intentional injury and sentenced to two years and six months in prison; Whoever commits the crime of gambling shall be sentenced to one year's imprisonment and fined 50,000 yuan; He was guilty of stirring up trouble and was sentenced to two years' imprisonment. Decided to execute a fixed-term imprisonment of seven years and six months and fined RMB 50,000. Defendant Chen Ruijun committed the crime of participating in the underworld organization and was sentenced to three years in prison; Defendant Du Xin committed the crime of participating in the underworld organization and was sentenced to three years in prison and suspended for three years; Defendant Yang Tianshi committed the crime of participating in the underworld organization and was sentenced to one year and six months in prison; He was convicted of organizing prostitution, sentenced to five years in prison and fined RMB 10,000, and decided to execute five years in prison and fined RMB 10,000; Defendant Zhang Chuanbo was convicted of intentional injury and sentenced to six years in prison; Defendant Liu Wei committed the crime of intentional injury and was sentenced to three years and six months in prison; Defendant Wang Shuqin was convicted of intentional injury and sentenced to three years and six months in prison; Defendant Wang Xiaodong was convicted of drug trafficking, sentenced to 15 years in prison and confiscated personal property of RMB 100,000. Defendant Song Zhenqi was convicted of extortion and sentenced to four years in prison; He was convicted of illegal possession of guns and sentenced to one year and six months in prison, and decided to execute four years in prison; The defendant Chen committed the crime of illegally buying and selling guns and was sentenced to three years in prison; Defendant Wang Dong was convicted of illegal possession of firearms and sentenced to four years and six months in prison. Defendant Liu committed the crime of seeking trouble and was sentenced to one year and six months in prison; He was convicted of illegal possession of guns and sentenced to one year and six months in prison, and decided to execute two years and six months in prison; Defendant Wang Shouzhi was convicted of harboring and sentenced to two years' imprisonment; Defendant Xin Xu committed the crime of harboring and was exempted from criminal punishment; Defendant Zhang Hongqiang was convicted of intentional injury and sentenced to three years in prison; The defendant, Leng Junjiang, committed the crime of participating in the underworld organization and was sentenced to three years in prison; Guilty of intentional injury, sentenced to fixed-term imprisonment 10 years; He was convicted of harboring and sentenced to two years in prison, and decided to execute 13 years in prison; Defendant Liu Yajun committed the crime of participating in the underworld organization and was sentenced to three years in prison; He was sentenced to two years in prison for the crime of stirring up trouble and decided to execute a fixed-term imprisonment of three years and six months; Defendant Ou Jie committed the crime of participating in the underworld organization and was sentenced to three years in prison and suspended for five years; Defendant Dong Jie was convicted of intentional injury and sentenced to three years in prison. 2. Defendants Jiang Yuan, Shi, Liu, Liu Wei and Leng Junjiang compensated the plaintiff for economic losses of RMB 864,855; Defendants Jiang Yuan, Shi, Liu Wei and plaintiff Liu Zhongxin in incidental civil action compensated for economic losses of 665,438 yuan; Defendants Wang, Zhang Chuanbo, Shi and An Qi compensated plaintiffs Hu Shaofa, Yu and Hu Huilin for economic losses of RMB 856 194.5; Defendants Shi and Wang compensated the plaintiff Fang Jinhai for the economic loss of 557,465,438 yuan +02.64 yuan; Defendants Nie Lei, Ren Hao and Yan Li compensated Sun Wenhua for economic losses of RMB 234,959.36; Defendant Ren Hao compensated plaintiff Sheng Weiguo for economic losses of RMB 29,665,438+0,865,438 +0.94; Compensation for the economic loss of Anbaoshan, the plaintiff in the incidental civil action, is RMB 234,026.2. 3. The property, income and tools used for committing crimes collected by the underworld organization headed by Nie Lei and its leaders and criminals participating in the underworld organization shall be recovered and confiscated according to law.

After the verdict was pronounced in the first instance, the defendants Jiang Yuan, Lu, Shi, Liu, An, Wang Jian, Wang Bin, Ma Wencheng, Shi Gang, Li, Wang Xiaodong, Zhang Chuanbo, Leng Junjiang, Angel, plaintiffs Liu Zhongxin, Angel,

It was found through the trial of the second instance that since 1995, the appellant has gathered the appellants Jiang Yuan, Lu, Shi, An and Liu, and the defendant Wang and others in the original trial (handled separately). And by opening a casino in Qingdao, it has accumulated a lot of wealth, set foot in real estate development and expanded its economic strength rapidly. Since 1998, interest groups headed by Nie Lei have taken advantage of the situation, successively recruited dozens of appellants such as Ren Hao and Yan Li, organized violent teams, managed real estate, opened underground casinos, organized women's prostitution, and seized huge economic benefits. In a certain period of time, they gradually formed underworld organizations with many members, clear internal division of labor, tight organizational structure and relatively fixed backbone members. In order to establish its strong position, the organization carried out violent criminal activities, cracked down on competitors, oppressed and hurt the masses, and fought against the legal order. Illegal possession of guns 13, 9 cases of intentional injury, resulting in 2 deaths, 7 serious injuries 1 person, 7 minor injuries and 2 minor injuries; There were 20 crimes of seeking trouble, resulting in 6 minor injuries and 6 minor injuries, and the total value of damage to other people's property was more than 52,000 yuan; 1 crime of forced trading; Obstruction of official duties Among them, he committed crimes with guns for 8 times; Destroying underground casinos operated by others for many times or hurting operators; Many times in other people's nightclubs; Bullying dozens of people; Publicly use violence and resist the joint law enforcement actions of cultural, industrial and commercial, public security and other departments. Through violent illegal and criminal activities, as well as wooing and corrupting state staff (handled separately) to cover up and connive, some victims or their relatives are afraid to report to the police because of the arrogance of Nie Lei underworld organizations, and some are forced to accept "mediation" or "reconciliation"; Illegal control of underground casinos in Qingdao and surrounding areas; Organizing women to engage in prostitution has seriously violated the local public security management order and good social customs. It has a great influence on the economic order and social life order in some parts of Qingdao. The court of second instance held that Nie Lei, the appellant, organized and led underworld organizations, organized or participated in 9 cases of intentional injury, resulting in 2 deaths, 1 serious injuries, 7 minor injuries and 2 minor injuries; 20 cases of provocation, resulting in 6 minor injuries, 6 minor injuries and property losses of more than 52,000 yuan; Organizing prostitution, opening casinos, forcing transactions, obstructing official duties, and harboring; Illegal trading in 1 guns, illegal possession of 13 guns, etc. It shows that his subjective malignancy is extremely deep, his social harm and personal danger are extremely great, his crime is extremely serious, and he is a recidivist, so he should be severely punished according to law. The original judgment and conviction were accurate, the items and amounts of sentencing and incidental civil compensation were appropriate, and the trial procedure was legal. Therefore, according to the provisions of the first paragraph of Article 189 and Article 199 of the Criminal Procedure Law of People's Republic of China (PRC), the appeal was dismissed and the original judgment was upheld.