In October last year, the Shenzhen Longgang District People's Procuratorate filed a public indictment with the Longgang District People's Court, accusing Zheng Gang (pseudonym) of burglary and robbery.
According to Zheng Gang's older brother, born in October 1999, the younger brother is the youngest child in the family and has been pampered by the family since childhood. I dropped out of elementary school, worked with me as an adult, and only went to deliver food this year.
But my brother didn't have a smooth job, starting with a traffic accident and then being criminally detained on suspicion of robbery for retaliating against customers.
According to the results of the police investigation, one day in June 2021, Zheng Gang delivered a takeaway for the victim, but the customer said that the delivery was too slow, wanted to give a bad review, and said some bad words. This made Zheng Gang feel very uncomfortable in his heart, and he wanted to take revenge on her.
At about 9 p.m. on June 28, Zheng Gang pretended to deliver takeaways, knocked on the door, asked the other party if he had ordered takeaway, and left after the victim indicated that he had not ordered.
After wandering in the corridor for ten minutes, Zheng Gang still felt that he wanted to retaliate against the owner and ask for compensation. Subsequently, Zheng Gang knocked on the victim's door again. After opening the door, he directly covered the victim's mouth, put him on the ground, and closed the door.
During this time, the victim asked Zheng Gang what he wanted to do. Zheng Gang said that his father was sick and needed money for treatment, and asked the victim to compensate himself for 3,000 yuan. The victim said that I would not call the police now that you are leaving, and Zheng Gang realized that he was doing something wrong, felt scared, and then left.
On June 30, Zheng Gang was criminally detained.
On July 14, Zheng Gang was arrested.
On October 9, the Longgang Procuratorate charged Zheng Gang with robbery and filed a public indictment with the Longgang District People's Court.
According to the judgment, it can be seen that the defendant Zheng Gang entered the house for the purpose of illegal possession, the facts of the crime were clear, the evidence was credible and sufficient, and the robbery charged by the public prosecution organ was convicted. In view of the fact that Zheng Gang voluntarily gave up the crime in the course of committing the crime, it is the suspension of the crime and the punishment should be mitigated; zheng Gang can truthfully confess after he is arrested and admit guilt and accept punishment in court, and may be given a lighter punishment in accordance with law.
The court sentenced Zheng Gang to three years and two months in prison and a fine of 5,000 yuan for robbery in the first instance.
Why is Zheng Gang's punishment so severe?
Hunan Jinrui Law Firm answers for you.
1. Determination of the crime of robbery
The crime of robbery generally refers to the act of forcibly snatching public or private property from the owner or custodian of property on the spot by violence, coercion or other means for the purpose of illegal possession.
Violence refers to the perpetrator's attack or coercion on the victim's body. More commonly, there are beatings, bindings, confinement, injuries, and even killing.
Coercion refers to the perpetrator threatening the victim with immediate violence, practicing mental coercion, causing the victim to be afraid and afraid to resist, and being forced to hand over the property on the spot or let the property be robbed.
Other methods refer to methods other than violent or coercive methods used by the perpetrator to make the victim unaware of or unable to resist.
2. Constituent elements of the crime of robbery
(1) Subjective aspects
This crime is subjectively manifested as direct intent and has the purpose of illegally taking possession of public or private property, and the absence of such intentional content does not constitute this crime.
(2) The main body
The subject of this crime is the general subject. According to article 17 of this Law, natural persons who have reached the age of 14 and have the capacity for criminal responsibility may constitute the subject of the crime.
(3) Objective aspects
This crime is objectively manifested as the perpetrator's use of violence, coercion or other coercive methods against the owner, custodian or guardian of public or private property on the spot to immediately rob the property or force the victim to hand over the property immediately.
(4) Object aspect
The objects infringed upon by this crime are the ownership of public and private property and the personal rights of citizens, which are complex objects.
III. Criteria for filing a case for the crime of robbery
The crime of robbery is a criminal, and the Criminal Law does not stipulate the amount and circumstances of the crime of robbery, as long as the perpetrator commits the act of robbing public or private property on the spot by violence, coercion or other means, regardless of whether or not the money is robbed, and regardless of the amount of money actually grabbed, in principle, it constitutes the crime of robbery, and the public security organs shall file a case for investigation.
In this case, although Zheng Gang did not grab the money, he committed robbery with the purpose of illegally possessing other people's money by means of coercing others, which fully met the criminal law's criteria for filing the crime of robbery, so Zheng Gang constituted a criminal offense.
4. Sentencing standards for the crime of robbery
According to Article 263 of the Criminal Law:
Whoever robs public or private property by force, 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;
(1) Entering a home for robbery;
(2) Robbery on public transportation;
(3) robbing banks or other financial institutions;
(4) Repeated robberies or robberies with a huge amount;
(5) Robbery causing serious injury or death;
(6) Impersonating military or police personnel to rob;
(7) Robbery with a gun;
(8) Robbing military materials or emergency, disaster relief, or relief materials.
In this case, Zheng Gang belonged to the home robbery, but because he suspended the robbery in the process of committing the crime and pleaded guilty in court in the face of evidence, the court believed that the punishment should be mitigated. In summary, Zheng Gang was sentenced to three years and two months in prison.
Zheng Gang was originally only a small thing by "verbal bad evaluation", but it caused irreparable consequences caused by excessive behavior, and I hope that the majority of netizens will take Zheng Gang as an admonition, think twice before doing things, abide by discipline and law, and stay away from crime.
#外卖员因差评入室索赔被判抢劫罪 #