First, the defendant Chen Baixing and others committed the crime of intentional homicide.
Facts of the case:
On the evening of September 26th, 20001year, the defendant, Chen Jinfeng, Chen and villager Chen were arrested by Chen, who was in charge of public security, and Chen Jinfeng escaped. Chen informed the village security director to be present, claiming that each person would be fined 1500 yuan, or they would be sent to the police station for handling. Chen Baixing and others agreed to the fine, and signed the fine sheet, saying that it would be paid on September 29th. On September 27th, Chen informed Chen Jinfeng to pay a fine of 1 1,000 yuan. At noon on September 29, the four defendants discussed together that if Chen refused to reduce the fine when collecting money, he would be hacked to death, and then he would take full responsibility. Four people each prepared a knife. At 3 pm, Chen went to the expert to withdraw money. Because the bargaining failed, Chen Jinfeng attacked with a knife first. Subsequently, Chen, Chen and Chen cut Chen's head and neck with knives. After Chen fell to the ground, he cut several knives in his head and neck, causing his death.
Trial situation:
The Guangzhou Intermediate People's Court held in the first instance that the defendants, Chen Jinfeng, Chen and Chen ignored national laws and illegally deprived others of their lives, resulting in one death. Their actions have constituted the crime of intentional homicide, and the circumstances and consequences are particularly serious. According to Article 232 of the Criminal Law, the defendant was sentenced to death, Chen Jinfeng was sentenced to death with a suspended execution, and Chen was sentenced to life imprisonment and 15 years' imprisonment. The provincial court convicted the defendant Chen Baixing of intentional homicide, and approved the death penalty and suspended sentence for the defendant Chen Jinfeng.
Second, the defendant Han Weifang was kidnapped.
Facts of the case:
At 6: 438 am on March 23rd, 2003, Han Wei, the security guard of Ikki Garden in Shenzhen Overseas Chinese Town, was on duty in the community. He saw the victim Ren Siqi (male, 10 years old) living in Room A203, Building 5 of the residential area, and he had the idea of kidnapping Ren Siqi and then extorting money. Han Weifang stole the keys to five unsold rooms of B20 1 in the community management office, followed Ren Siqi to the elevator, forcibly took Ren Siqi to five rooms of B20 1, dragged him into the room, covered Ren's mouth and knocked Ren unconscious with his fist. After locking the door, Han Weifang came back to see Ren awake. He slammed Ren's head with his walkie-talkie, pulled off the intercom line in the room and strangled Ren, and took off Ren's pants to block Ren's mouth. After confirming that Ren had died, Han Weifang locked the room door and fled. At about 20 o'clock that night, Han Wei borrowed a mobile phone from a colleague and called Ren Jinquan, Ren Siqi's parents, to extort RMB300,000.
Trial situation:
In the first instance, Shenzhen Intermediate People's Court sentenced the defendant Han Weifang to death and deprived him of his political rights for life in accordance with the provisions of Article 239 of the Criminal Law. The second trial of the provincial court held that the defendant Han Weifang kidnapped and killed a child as young as 1 1 for the purpose of extorting property, and then extorted money from the victim's family. His behavior has constituted the crime of kidnapping, and the circumstances are bad and the consequences are serious, so he should be severely punished. Approve and execute the death penalty for kidnapping according to law.
3. The case of the defendant Zhao Suidan and others 16 transporting and selling drugs.
Facts of the case:
In order to earn high profits, defendants and others took risks and formed a relatively fixed criminal network for transporting and selling drugs. 1999 to 65438+In 2002 10, defendant Zhao Suidan consigned drugs from Guangzhou to Yangjiang and sold them to defendant Lu Xianshuo and others, with a total of * * *1831.25g of transportation and sales. Defendant Lu Xianshuo bought and sold * * * 16892.5g from Defendant Zhao Suidan. Defendant Zeng Huaiji bought and sold * * * 5 100g to Defendant Lu Xianshuo and others. Defendant Huang Xiang, defendant Fang Guilan and defendant She Dai bought and sold 867.25 grams. The defendant once bought and sold drugs * * * 4 10g to the defendant Lu Xianshuo and others. Defendant Tan Xiangsheng bought and sold other people's drugs * * * 166.8 grams. The defendant took Fang Guilan, the co-defendant who assisted the fugitive, and deposited the drug money of the defendant Zhao Suidan in the bank (total 1228.75g * *). Defendant She Dai also contacted Defendants Huang, Cheng and Zhao Suidan to buy and sell * * *140g respectively. Hu Daixing, the defendant in the original trial, assisted Lu Xianshuo in buying and selling * * * a total of 1 1685.8 grams from Zhao Suidan, and the defendant Cheng bought and sold 85 grams from She Dai. Defendant Zeng Ruixia assisted fugitive accomplice Hong in buying and selling 90 grams from defendant Zeng Huaiji. Defendant Liu Jinhua assisted Defendant Zeng Huaiji in counting drug money 130g * * and depositing it in the bank. Defendant Ao Daoben bought and sold * * * 16.38+0g from Defendant Zeng Huaiji. The defendant not only sold * * * separately, but also corrected the defendants Hu, Zeng Mingxian and Zeng in the original trial, and the defendant He participated in the sale of * * *, and Hu participated in the sale of * * *16.5g; He Sun Ying is involved in selling ***7 grams (he also sells ***3 grams alone); Zeng Mingxian is involved in trafficking * * *1g; Have been involved in trafficking * * * 0.65g. ..
Trial situation:
Yangjiang Intermediate People's Court sentenced Zhao Suidan and Lu Xianshuo, the principal offenders, to death, deprived of political rights for life, and confiscated property. For the crime of drug trafficking, the principal offenders Zeng Huaiji, Huang and Zeng were sentenced to death, deprived of political rights for life and confiscated property. The defendants Tan Xiangsheng, She Dai and Hu Daixing were sentenced to life imprisonment, deprivation of political rights for life and confiscation of property for the crimes of transporting and selling drugs. Eight defendants, including Cheng, were sentenced to fixed-term imprisonment and fined for drug trafficking.
In the second trial, the provincial court held that the defendant Zhao Suidan transported and sold a large number of drugs and should be sentenced to death according to law. Because he reported 1 a drug dealer who sold a large amount of drugs and made great contributions, he can be given a lighter punishment according to law and sentenced to death with probation. The defendant once sold a huge amount of drugs and should be sentenced to death according to law. In view of the fact that he can truthfully confess the crime after being brought to justice, he can be given a lighter punishment and sentenced to a suspended execution. The remaining defendants were sentenced appropriately and the original judgment was upheld. Approved the death sentences of defendants Lu Xianshuo, Zeng Huaiji and Huang according to law.
Four, the defendant Liao Jun and other 43 people smuggled ordinary goods.
Facts of the case:
From the end of 2000 to May 38, 200665438+February, the defendants, Zhou Huasheng, Pan and others jointly invested in the purchase of four ships, and employed the defendants Liang Zhijiu and Yang Shaoqiang as crew members. From February, 2000 to April, 2003, they smuggled diesel oil from Hong Kong by transporting river sand to Hong Kong. From June 2002 to March 2003, the defendants Chen, Chen, Chen and Chen successively bought 8 18.95438+06 tons of smuggled diesel oil from the defendants and others, and evaded the tax payable of 479,946.94 yuan. 65438+From February 2002 to April 2003, the defendants Mai and Mai successively purchased smuggled diesel oil 1549.7 tons from Hong Kong and evaded the tax payable of 878,680.29 yuan.
Trial situation:
The first instance of Foshan Intermediate People's Court held that the defendants, Zhou Huasheng, Pan and others evaded customs supervision and used ships to smuggle diesel oil into the country for sale; Defendants Mai, Mai, Chen and others illegally bought smuggled diesel oil directly from smugglers, and their actions all constituted the crime of smuggling ordinary goods. The Foshan Intermediate People's Court sentenced 43 defendants, including Liao Jun and Zhou Huasheng, for the crime of smuggling ordinary goods respectively according to the provisions of Article 153 (1), Article 153 (2) and Article 155 (1) of the Criminal Law. Eight of them were sentenced to fixed-term imprisonment of more than 10 years, and 40 were sentenced to fixed-term imprisonment of more than three years, and fines ranging from 5,000 yuan to 8.89 million yuan were imposed on the above defendants respectively. After the trial of the second instance, the provincial court corrected some defendants' smuggling and evasion of tax payable, upheld the conviction and sentencing of the defendants Liao Jun and Zhou Huasheng by Foshan Intermediate People's Court, and changed the sentencing of some defendants' principal punishments and fines.
Five, the defendant, Cao,, and other fourteen people robbed.
Facts of the case:
1 April 20, 1999 to April 20, 20061,1,Cao, Zhong, Jiang, Yuan Qilin and others jointly robbed 30 cases in Shijie Town and Shipai Town, Dongguan City, Guangdong Province, and seized a batch of property. Among them, Afterglow robbed 74 people 18 times, causing minor injuries to 1 person, and the total value of robbed property was RMB 480,983. And raped 1 female; Cao Yanbing robbed 70 people 18 times (including burglary 17 times), and the total value of robbed property was RMB 385,528. And raped 1 female; Wang Shunxiang robbed 64 people 16 times (including burglary 15 times), resulting in three injuries, and the total value of seized property was RMB 292,099; Zhong robbed 44 people 1 1 time, causing two people to be slightly injured, and the total value of the seized property was RMB 344,285; Jiang robbed 53 people 1 1 times, causing minor injuries to 1 person, and the total value of the seized property was RMB 274,539; Yuan Qilin robbed 32 people six times, causing two people to be slightly injured, and the total value of the seized property was RMB 1986 10 yuan; Zhang Shengning robbed 14 people for three times, and the total value of property was 6090 yuan; Tang robbed six people three times on Wednesday, and the total value of property was 6090 yuan. Li twice robbed 1 1 person, causing 1 victim slight injuries, and the total value of the robbed property was RMB 144380 yuan; He Jianchuan robbed 6 people 1 time, and the total value of seized property was RMB 45 10 yuan; Bai Yang robbed 1 time for 2 people; Both Deng and Tang participated in the robbery 1 time (attempted); Ma Jiang bought stolen goods twice, including two motorcycles, with a total value of RMB 3,559.
The Intermediate People's Court of Dongguan City, Guangdong Province sentenced Cao to death for robbery and rape, deprived him of his political rights for life, and confiscated all his personal property. Sentenced Zhong, Jiang and Yuan Qilin to death for robbery, deprived of political rights for life, and confiscated all personal property; Sentenced Zhang Shengning to life imprisonment for robbery, deprived of political rights for life, and confiscated all personal property; Sentenced to robbery, Li was sentenced to 15 years in prison and deprived of political rights for five years; He Jianchuan was sentenced to 11 years in prison for robbery, deprived of political rights for two years, and fined RMB 3,000. Tang Rentong and Deng were sentenced to 10 years' imprisonment for robbery, deprived of political rights for one year, and fined 1000 yuan; Bai Yang was sentenced to eight years in prison for robbery and fined 5,000 yuan; Ma Jiang was sentenced to two years' imprisonment and fined 2000 yuan for buying stolen goods.
The second trial of our court held that persistence, Cao, Zhong, Jiang, Yuan Qilin, Zhang Shengning, He Jianchuan, Deng,,, Li Qiuhui, and Tang Ren, knowing that it was illegal possession, ganged up to rob other people's property by violent means, all of which constituted robbery; Yu Hui, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao, Cao Many people have been robbed many times at home, and the amount of robbery is huge, which is extremely harmful to society. Cao is a recidivist and should be severely punished according to law. Zhong and Jiang should be sentenced to death for their crimes, but considering that their robberies are less than Cao's, and there are no consequences such as death or serious injury to the victim, and their attitude of confessing after committing crimes is good, they may not be executed immediately. Yuan Qilin is a recidivist because of his subjective malignancy and great social harm. He should be sentenced to death according to law. In view of his meritorious service, he can be given a lighter punishment. The actions of Yu Hui and Yan Bing also constitute the crime of rape, and should be punished for several crimes according to law; Ma Jiang's behavior constitutes the crime of buying stolen goods. According to Article 189 (1) and (2) of the Criminal Procedure Law of People's Republic of China (PRC), Article 263 (1), Article 236 (1), Article 312, Article 48, Article 26 (1) and (4) of the Criminal Law of People's Republic of China (PRC), Articles 65, 69, 67 and 48 of the Criminal Law of People's Republic of China (PRC),
Approved the death sentence of Wang Shunxiang for robbery, deprived of political rights for life, and confiscated all personal property; Sentenced to death for robbery and rape, deprived of political rights for life, and confiscated all personal property.
Sentenced Zhong and Jiang to death for robbery, suspended for two years, deprived of political rights for life, and confiscated all personal property; Yuan Qilin was sentenced to life imprisonment for robbery, deprived of political rights for life, and confiscated all personal property; Zhang Shengning was sentenced to 15 years in prison for robbery, deprived of political rights for five years, and fined 5,000 yuan; Li was sentenced to 13 years in prison for robbery, deprived of political rights for three years, and fined RMB 3,000; Deng was sentenced to five years in prison for robbery and fined RMB 1,000; Tang was sentenced to five years in prison for robbery and fined RMB 1,000; Bai Yang was sentenced to four years' imprisonment for robbery and fined RMB 1000.
6. Declare the defendant Mo Zhaojun innocent.
Facts of the case:
Defendant Mo Zhaojun was originally a judge of Sihui People's Court. In September, 200 1 year, the defendant Mo Zhaojun tried the case of plaintiff Li Zhaoxing v. Zhang Kunshi, Lu, Zhang Yi, and made a civil judgment according to law, ordering the defendants Zhang Kunshi, Lu and Zhang Xiaojiao to repay the plaintiff Li Zhaoxing's loan 10000 yuan and interest within10 days after the judgment came into effect, and they were jointly and severally liable for repayment. Defendant Zhang is not liable for repayment. After the judgment became legally effective, Li Zhaoxing applied to the Sihui People's Court for enforcement. According to the procedure, the court served a notice of execution on the defendant Zhang Kunshi and others on No.2001KLOC-0/65438+3, ordering them to perform the judgment before the 20th of the same month. At noon on June 4, 65438, the defendants Zhang Kunshi and Lu committed suicide by taking poison outside the wall of Sihui People's Court. Zhaoqing accused the defendant Mo Zhaojun of dereliction of duty and appealed to Zhaoqing Intermediate People's Court.
Trial situation:
After the first trial of Zhaoqing Intermediate People's Court, the defendant Mo Zhaojun was acquitted. Zhaoqing City Procuratorate lodged a protest. The trial of the second instance of the provincial court held that the defendant Mo Zhaojun performed his duties as the sole judge of civil litigation in accordance with legal procedures and made a judgment according to law, and there was no dereliction of duty that was irresponsible or did not perform his duties correctly. Objectively, there is no necessary causal relationship between Zhang Kunshi's suicide result and his duty behavior, and his behavior does not constitute the crime of dereliction of duty. So the protest was dismissed and the original judgment was upheld.
This case affirms the view that judges are not criminally responsible for the consequences after performing their duties according to law, which is of great significance for strictly observing the principle of unity of subject and object and ensuring that judges exercise judicial power according to law.