199865438+On the evening of February 6th, Lynn Yang, a criminal policeman from Tiefeng Branch of Qiqihar Public Security Bureau, and his wife were walking in the street and were robbed by three gangsters. When robbing a man and a woman, Liu and Li stabbed the man with a dagger, causing his spinal nerve to break and his disability was grade 8. Later, under the pursuit of the police, the suspects Liu and Li were arrested and executed.
Wei was sentenced to life imprisonment, and finally he was sentenced to 10 years imprisonment.
1. Paragraph 2 of Article 127 of the Criminal Law stipulates that whoever robs guns, ammunition or explosives, or robs toxic, radioactive or infectious disease pathogens that endanger public safety, or steals or robs guns, ammunition or explosives of state organs, military and police personnel and militia shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Second, Article 263 of the Criminal Law also stipulates that anyone who 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. 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, burglary.
2. Being robbed on public transport.
3. Robbing banks or other financial institutions.
4. Robbery for many times or robbery with a huge amount.
5. Robbery leads to 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.
Extended data:
Case: On the afternoon of July 28th, 2009, the defendants Xu Meng, Xu Kunming and Xu Haifeng fled to Shuang Gang Town, Tongcheng City, and prepared to steal motorcycles. When looking for the target of theft, the investigator of the Interpol Brigade of Tongcheng Public Security Bureau, who is investigating the motorcycle theft suspect here, saw three people acting suspiciously and went forward to check. Defendants Xu Meng and Xu Kunming ran away when they saw this scene, and the investigators immediately pursued them.
When the investigator Mao Jigen pursued Xu Meng, he repeatedly indicated that he was a policeman and fired warning shots three times, ordering Xu Meng to stop for questioning. Defendant Xu Meng continued to escape. Mao Jigen caught up with the defendant Xu Meng, and they wrestled together. Xu Meng picked up a brick, knocked Mao Jigen on the head and said, "Give me the gun." Then they fell into a nearby pond together.
At this point, the defendant Xu Kunming ran to the scene, picked up a brick from the ground and slammed Mao Jigen's head, knocking Mao Jigen unconscious. Defendant Xu Meng seized the June 4th pistol held by Mao Jigen and gave it to defendant Xu Kunming. Xu Kunming fled to a factory, snatched a Jialing scooter while people were unprepared, and fled the scene with Xu Meng.
On the afternoon of July 29th, the defendants Xu Kunming and Zheng took pistols to the grass in front of the waterworks in Tongcheng Town. Xu Haifeng called the police with a mobile phone card and told them where the gun was hidden. That night, the public security organs seized a robbed June 4th pistol and a bullet from here.
After the four defendants were brought to justice, they successively confessed the criminal facts of robbery in Tancheng, Shandong Province and motorcycle theft in Tongcheng and Qianshan, Anhui Province. Among them, Xu Meng participated in 7 thefts, with a theft amount of more than 40,000 yuan, and the defendant Xu Kunming participated in 25 thefts, with a theft amount of more than150,000 yuan; Defendant Xu Haifeng participated in 20 thefts, and the amount of theft was 1 1 more than ten thousand yuan; Defendant Zheng participated in four thefts, with a theft amount of more than 20,000 yuan.
After trial, Anqing Intermediate People's Court held that the defendants Xu Meng and Xu Kunming violently robbed the guns and ammunition worn by Mao Jigen after smashing the victim with bricks, and the purpose of illegal possession was obvious. Their actions all constitute the crime of robbing guns and ammunition, and they are joint crimes.
Defendant Xu Kunming tried to escape from the crime scene of armed robbery with Xu Meng as soon as possible, and robbed other people's motorcycles by passengers unprepared, which constituted robbery. Defendant Xu Haifeng used violence against the victim on the spot when stealing, and Xu Haifeng's behavior constituted robbery.
Defendants, Xu Kunming, Xu Haifeng and Zheng, for the purpose of illegal possession, ganged up to cross the border and fled to Tongcheng, Qianshan, Anhui and Tancheng, Jiangsu, and used the method of picking locks to secretly steal other people's property, all of which constituted theft. Accordingly, the court sentenced the defendant Xu Meng to life imprisonment, deprived of his political rights for life and fined him 45,000 yuan for the crime of robbing guns and ammunition and theft.
The defendant Xu Kunming was sentenced to life imprisonment, deprived of political rights for life and fined165,000 yuan for the crimes of robbing guns and ammunition, robbery and theft.
The defendant Xu Haifeng was sentenced to 15 years in prison for robbery and theft, and fined125,000 yuan; The defendant Zheng was sentenced to 10 years in prison for theft and fined 30,000 yuan.
China Court Network: In Tongcheng, Anhui Province, the two defendants were sentenced to no limitation.