Xu Jianrong steals the criminal verdict of first instance

      Defendant Xu Jianrong, male, born on July 23, 1976, Han nationality, elementary school education, registered permanent residence in Linchuan District, Fuzhou City, Jiangxi Province, was detained on December 7, 2016 and criminally detained the next day, December 2016 Arrested on the 30th. He is now detained in Zhuhai No. 2 Detention Center.

The defenders Xu Junping and Xu Shengzhe, lawyers of Guangdong Jinduo Law Firm.

      The People’s Procuratorate of Xiangzhou District, Zhuhai City charged the defendant Xu Jianrong with the crime of theft with Zhuxiangjian Public Prosecution Criminal Case [2017] No. 639 and filed a public prosecution with this court on May 25, 2017. This court formed a collegiate panel in accordance with the law and opened a court session to hear the case. The People's Procuratorate of Xiangzhou District, Zhuhai City appointed prosecutor Liao Qingqing to appear in court to support the prosecution. The defendant Xu Jianrong and his defender Xu Junping appeared in court to participate in the lawsuit. The trial has now ended.

The trial found out: 1. At 14:00 on June 29, 2016, the defendant Xu Jianrong took the victim Lin's electric car by picking the lock at the parking lot of Unit 3, No. 337, Yanhe East Road, Xiangzhou District, Zhuhai City Steal.

2. At 7 o'clock on October 1, 2016, the defendant Xu Jianrong used a screwdriver and a self-made unlocking tool in the parking shed of the Agricultural Base Station Community, No. 286, Yixian Road, Qianshan, Xiangzhou District, Zhuhai City, and picked up the victim Huang’s electric car. The car (identified and valued at RMB 1197) was stolen.

3. At 6 o'clock on October 18, 2016, the defendant Xu Jianrong used a self-made unlocking tool next to the security pavilion on the 1st floor of Unit 1, Building 2, Hanlin Court, No. 37 Qianshan Road, Xiangzhou District, Zhuhai City. An electric car (identified, worth RMB 1494) was stolen.

4. At 12 o'clock on October 20, 2016, the defendant Xu Jianrong used a self-made lock picker to pick up the lock in the parking room of Unit 1, Building 3, Nancun Xinyuan, 97 Cuijing Road, Xiangzhou District, Zhuhai City. An electric car.

5. At about 14:00 on November 24, 2016, the defendant Xu Jianrong used a self-made unlocking tool to pick the lock in the parking room of Unit 1, Jiafeng Garden Community, Xiangzhou District, Zhuhai, and stole an electric car of the victim Li.

On December 7, 2016, the defendant Xu Jianrong was arrested and brought to justice.

It was also found that on June 5, 2016, the defendant Xu Jianrong’s defender paid compensation of RMB 1,200 to the victim Xue, RMB 1,000 to the victim Huang, RMB 1,200 to the victim Ye, and RMB 1,200 to the victim Li. A certain compensation was RMB 1,200. The victims Xue, Huang, Ye and Li expressed their understanding to the defendant Xu Jianrong. Among them, the victims Huang and Xue said that they would no longer pursue the uncompensated part of the stolen property from the defendant Xu Jianrong. Amount. On June 28, 2016, the defendant of the defendant Xu Jianrong paid a compensation of RMB 1,000 to the victim Lin on behalf of the defendant Xu Jianrong. The victim Lin expressed his understanding to the defendant Xu Jianrong.

For the above facts, the defendant Xu Jianrong had no objections during the trial, and there were statements from the victims Huang, Xue, Ye, Li, and Lin, the arrest process, search records, seizure decision and seizure list, household registration information , The shopping receipt submitted by the victim Huang, the supplementary explanation issued by the Qianshan Police Station of the Zhuhai Public Security Bureau, the price determination conclusion and the price determination list, the understanding and receipt, on-site photos and surveillance videos, etc., proved sufficient to be confirmed.

The defense opinion of the defendant Xu Jianrong's defense is that the defendant Xu Jianrong has a good attitude to plead guilty and has compensated the victim for all the economic losses, obtained the victim's forgiveness, and is the first offender. I hope the court will give him a lighter punishment.

This court believes that the defendant Xu Jianrong repeatedly stole other people’s property for the purpose of illegal possession. His behavior has violated the criminal law of our country and constituted the crime of theft. The facts of the crime against the defendant Xu Jianrong by the public prosecution agency are clear and the evidence is reliable and sufficient, and the charges are convicted. The defendant Xu Jianrong pleaded guilty in court and was able to actively compensate the victim for economic losses, obtain the victim’s forgiveness, and can be given a lighter punishment as appropriate. In accordance with Article 264 of the Criminal Law of the People's Republic of China, the judgment is as follows:

The defendant Xu Jianrong committed the crime of theft and was sentenced to eight months' imprisonment and fined RMB 2,000.

(The term of imprisonment shall be calculated from the date of execution of the sentence. If the sentence is first detained before the execution of the sentence, one day of custody will be equal to one day of the sentence, that is, from December 7, 2016 to August 6, 2017; the fine shall become legally effective from the sentence Pay within one month from the second day.)

If you disagree with this judgment, you can appeal through this court or directly to the Intermediate People's Court of Zhuhai City, Guangdong Province within ten days from the second day of receiving the judgment. For a written appeal, one original and two copies of the appeal petition shall be submitted.