Recently, the Judgment Document Network released the "First Instance Criminal Judgment on Organization, Leadership, and Participation of a Grave-like Organization", which disclosed many criminal details of the gang-like organization.
verdict disclosed that the defendant Fan was born in Inner Mongolia Autonomous Region. On May 11, 2017, he was administratively detained by the Qingshan District Public Security Bureau of Baotou City for 15 days and fined 1,000 yuan for assaulting others. On November 26, 2019, he was criminally detained by the Urat Qianqi Public Security Bureau for suspected crimes of participating in a gang organization, illegal detention, and extortion. On December 31 of the same year, he was arrested by the Urat Qianqi Public Security Bureau. He is currently detained in Urat Front Banner Detention Center.
1. The crime of the defendant Fan participating in the crime of a gang-like organization
Since 2012, the defendant Fan participated in a gang-like organization headed by Wang 2. He organized illegal and criminal activities by violence, threats or other means, dominate one side, do evil, bully and harm the masses, and seriously disrupt the order of economic and social life. During the period of the organization's existence, he committed illegal and criminal activities such as extortion and illegal detention.
From the winter of 2008 to 2012, Wang Mou 2 (sentenced) won over and absorbed idle people in society and people with criminal records through means such as Xiao Enxiaohui, came forward to help solve difficulties, invited meals, and drank. It gradually formed a relatively fixed criminal organization with Wang Mou 2 as the organization leader, Teng Mou (sentenced) and An Mou (sentenced) as active participants, Wang Mou 3 (sentenced), Wang Mou 4 (sentenced), Wang Mou 5 (sentenced), Wang Mou 6 (sentenced), Yang Mou 1 (sentenced), Guo Mou (sentenced), Liu Mou (sentenced), Guo Mou (sentenced), and defendant Fan Mou and others. In order to control its members, Wang Mou 2 has strict requirements on his subordinates and establishes authority within the organization.
Under the leadership of Wang Mou2, the organization organized loans in many gambling activity venues in rural areas around Wuyuan County, asking for debts from gambling people, helping others to claim debts, illegally amass money, obtain economic benefits, and conduct illegal and criminal activities. It has also repeatedly committed illegal and criminal activities such as gambling, extortion, illegal detention, illegal trespassing houses, provoking trouble, and intentional injury. It has done evil and bullied the masses, seriously undermined the economic and social order of the rural and pastoral areas of the crime site, and caused a significant social impact. The criminal organization has the following four characteristics:
(I) forms a relatively stable criminal organization with a large number of people, a clear organizer and leader, and the backbone members are basically fixed.
In this criminal crime of a gang, Wang Mou2 is in a core position, has leadership, decision-making and control over the affairs of the criminal organization, and is in a dominant position. He is called "Boss" and "Big Brother" by the members of the organization. He is the organizer and leader of the gang organization.
An Mou and Teng are the backbone members of the gang-like organization and the backbone force for the organization to carry out illegal and criminal activities. At the second level of leadership of the gang-like organization, An Mou and Teng conduct daily management of the organization's criminal activities and convey Wang Mou2's instructions, and have directed and participated in gambling, extortion, illegal detention, illegal trespassing in residences, provoking troubles and other illegal and criminal activities carried out by members of lower-level organizations, making them famous and amassed money, and are Wang Mou2's right-hand assistants. The accomplices Wang 3, Wang 4, Wang 5, Wang 6, Yang 1, Guo, Liu, Guo, and the defendant Fan are general members of the gang-like organization. They actively serve the organization and have carried out illegal and criminal activities such as gambling, extortion, illegal detention, illegal trespassing in residences, and provoking trouble.
During the period of the organization's existence and development, Wang Mou 2 strictly controlled the members of the criminal organization, and gradually formed a series of activity regulations, organizational discipline, management and reward and punishment systems to control and maintain members of the organization.For example: when going out to do things, you must grasp the "standard"; for organization members to settle affairs, rent a house for organization members, eat, drink, and discuss matters; for organization members, they teach criminal methods, such as: formulating the tips for gambling debts: "First, go to your home to eat well, drink well, wake up in the middle of the night and call twice or say hungry again; second, first twist it harder to beat or scold him, if he says he can give it, then talk to him, if he doesn't give it a few beats, there will be injuries, and it will be difficult to say if there is any injury. If the money is not raised, it will be troublesome; third, let the family slowly adapt to it and make a note to fixed family property mortgage, such as houses and cars or land, gold chains and rings; fourth, you cannot let the sitting or squat. For example, members who are capable of doing things will be given a reward for buying clothes, pay bonuses, and promise to buy a house, which will be late for those who are poor in doing things and those who are late for meetings. The officers severely scolded and beaten.
(II) Organized to obtain economic benefits through illegal and criminal activities or other means, and have certain economic strength to support the activities of the organization.
Since the winter of 2008, Wang Mou 2 is the organization and leader, An Mou Teng is the active participant, and accomplices Wang Mou 3, Wang Mou 4, Wang Mou 5, Wang Mou 6, Yang Mou 1, Guo Mou, Liu Mou, Guo Mou, defendant Fan Mou, etc., have accumulated money and have certain economic strength through illegal and criminal activities such as gambling, extortion, illegal detention, and illegal trespassing of residences. The organization has accumulated 14 gambling crimes organized by many people such as Li Mou 1 (sentenced), Wang Mou 2 (sentenced), etc. Activating loans of more than 7.9 million yuan, obtaining illegal economic benefits of more than 1.17 million yuan, and extorting victims 211,856 yuan in the process of claiming debts from debtors. It is used to support the survival, development and implementation of illegal and criminal activities of the organization. After the organization illegally makes profits, Wang Mou2 will uniformly allocate them to purchase tools for crimes, provide crime funds, purchase clothing for organization members, and reward organization members. It has a certain economic strength. Specifically, it is manifested in:
1. From the winter of 2008 to 2012, the criminal organization headed by Wang Mou2 repeatedly instructed Ma Da, Teng Mou, An Mou, Yang Mou1 and others who organized gambling in gambling venues in some rural areas of Wuyuan County and Urat Qian Banner. 79 More than 00,000 yuan, illegally making more than 1.17 million yuan.
2. From the winter of 2008 to 2012, Wang 2, An, Teng, Hou 1, Wang 3, Wang 4, Wang 5, Wang 6, Guo, and the defendant Fan took threats and intimidation to demand gambling debts, causing the victim to feel psychologically afraid and extorted RMB 211,856.
3. Since its establishment, the criminal organization headed by Wang 2 has repeatedly issued usury in casinos, committed extortion, illegal detention, etc., to accumulate money, and obtained huge profits in the above-mentioned illegal and criminal activities. Wang 2 is unified in power, rewards the members of the organization, provided funds for crimes, purchased clothes for the organization members, and gave pocket money and other expenses of more than 260,000 yuan.
(III) Carry out illegal and criminal activities organized and repeatedly through violence, threatening or other means, doing evil, oppressing and harming the masses.
Wang Mou 2, An Mou, Teng Mou and others organized and committed illegal and criminal activities on multiple occasions through violence, threats or other means, illegally controlled gambling places, committed evil, bullied and harmed the masses.
During the process of Wang Mou 2's crime organized crime and growth, Wang Mou 2 gathered Teng Mou, An Mou and others, committed 14 gambling, 20 extortions, 8 illegal detentions, 4 illegal invasions in the residence, 1 intentional injury, and 1 provocation, which brought huge physical and mental harm and mental pressure to the parties and their families, and seriously disrupted the social order and the production and living order of the victims. Among them, the defendant Fan participated in extortion twice and illegally detained once.
1. From the winter of 2008 to 2012, the criminal organization headed by Wang Mou 2 repeatedly instructed Ma Da, Teng, An, and Yang Mou 1 to illegally provide more than 7.9 million yuan in 14 gambling crimes organized by Li Mou 1, Wang Mou 2 and other people in gambling venues in some rural areas of Wuyuan County and Urat Front Banner, and illegally make more than 1.17 million yuan in 14 gambling crimes organized by Li Mou 1, Wang Mou 2 and others in some rural areas of Wuyuan County and Urat Front Banner.
2. From the winter of 2008 to 2012, Wang 2, Teng, An, Wang 3, Wang 4, Wang 5, and Wang 6 used threats and intimidation methods to demand gambling debts, which caused the victims to feel psychologically afraid, and repeatedly extorted the victims a total of 211,856 yuan. Among them, the defendant Fan participated in extortion of victims Wang Mou 3 (17th) and Wang Mou 5 (18th) in total, totaling 27,000 yuan.
(1) On the evening of December 1, 2008, because Hou Mou3 owed Ma Da (handled in a separate case) a usury loan of 9,000 yuan was not paid for by the accomplice Wang Mou2 in the casino organized by Jia Mou1 and Shen Heyi in Wuyuan County, and Wang Mou2 and General Ma Mou3 controlled it in the hotel and used beatings and other means to extort the victim Hou Mou3 32,000 yuan.
(2) One day in September 2009, at around 2 pm, Zhang Mou8 owed 7,000 yuan of usury loans issued by Yin Runmei and Ma Da for the accomplice Wang Mou2 in the casino organized by Jia Mou1 and Shen Heyi of Urat Central Banner, but he did not repay the loan, Wang Mou2 and Teng Mou and others, took measures such as slapping the victim Zhang Mou89,000 yuan.
(3) One night in October 2011, because Gao Mou3 owed 5,000 yuan of usury loans organized by Zhao Mou7 in Wuyuan County in July of that year, Qiao Mou1 owed 17,000 yuan. Wang Mou 2, together with Teng Mou and Xing Kai, controlled him in a hotel, and used insults and other means to extort the victim Gao Mou 32,000 yuan and the victim Qiao Mou 14,000 yuan.
(4) One afternoon in mid-March 2012, Ma Mou 1 owed Teng the usury loan 38,000 yuan for Wang Mou 2 in a casino organized by Wang Mou 2 but did not pay it back. The accomplice Wang Mou2 used means to beat and restrict Ma Mou1's personal freedom to extort the victim Ma Mou13,000 yuan.
(5) On the afternoon of August 1, 2012, because Lu Mou2 owed 6,000 yuan of usury loans provided by Teng for Wang Mou2 in the gambling field organized by He Mou. The accomplice Wang Mou 2, together with Teng Mou and An Mou, threatened to blackmail the victim Lu Mou 22,000 yuan by not paying back the money.
(6) On the afternoon of August 24, 2012, because Wang Mou 9 owed the usury owed by accomplice Wang Mou 2 in the casino, Wang Mou 9 transferred 20,000 yuan of gambling debts from Ji Mou 2 to Wang Mou 2. Wang Mou 2, together with Teng Mou, Wang Mou 5, Guo Mou and others, used means to restrict Ji Mou 2's personal freedom and extort the victim Ji Mou 26,300 yuan.
(7) On the afternoon of September 29, 2012, Yang Mou 9 owed Teng the usury loan 33,000 yuan for Wang Mou 2 in a casino organized by Lu Mou 9. The accomplice Wang 2, together with An and Hou 1, threatened to extort the victim Yang 910,000 yuan (including 1,000 yuan meal fee) because he did not pay back the money.
(8) One day in October 2012, at around 7 p.m., Ding Mou 1 owed accomplices Teng Mou and An Mou to the casino organized by Li Mou 1 and did not pay back 12,000 yuan of usury loans for the accomplices Wang Mou 2 in a casino organized by Li Mou 1. Wang 2 and his accomplices Teng, An, Wang 3 and Hou 1 deducted the victim Ding for not paying back the money, threatened to extort 18,000 yuan.
(9) One day in October 2012, Yang Mou 8 owed Teng the usury loan 15,000 yuan for Wang Mou 2 when he participated in gambling in the gambling field organized by Li Mou 1. The accomplice Wang Mou 2, together with Teng Mou, An Mou, Hou Mou 1 and others, threatened to blackmail the victim Yang Mou 87,000 yuan if he did not repay the money.
(10) In July 2012, Zhang Mou3 borrowed 14,000 yuan from Teng, who was usury for Wang Mou2 in a gambling field organized by Li Mou1, but did not repay it. The accomplice Wang Mou 2 colluded with Teng Mou to blackmail the victim Zhang Mou by selling his sunflower for 39,000 yuan.
(11) On October 26, 2012, Wang Mou 11 owed 67,000 yuan of usury loans for Wang Mou 2 by Teng Mou 2 in a casino organized by Lu Mou and others. The accomplice Wang 2, together with Teng, An, Wang 3, and Hou 1, extorted the victim Wang 1113,500 yuan by means of restricting Wang 11's personal freedom.
(12) At around 11:00 am on November 13, 2012, because Zhao Mou2 owed Teng Mou a 26,000 usury loan 2 that he had not paid back in the casino organized by Liang Ying. The accomplice Wang 2 colluded with An, Wang 3 and Hou 1 to extort the victim Zhao 2 by means of restricting Zhao 2's personal freedom and other means.
(13) One morning in mid-November 2012, Gao Mou1 owed Teng Mou a usury loan of 3,000 yuan for Wang Mou2 in a casino organized by Li Mou1.The accomplice Wang 2, together with An, Wang 3, and Hou 1, lived in his home without paying back the money and threatened to extort the victim Gao 13,000 yuan.
(14) One day in the autumn of 2012, Yang Mou 10 owed 12,000 yuan of usury loans that Teng Mou gave for Wang Mou 2 while gambling in a casino organized by him and He Mou and did not pay it back. The accomplice Wang 2, together with An, Wang 3, and Hou 1, threatened to extort the victim Yang 127,300 yuan for not paying back the money.
(15) One day in November 2012, Yang owed Wang 2 augain loan of 19,000 yuan. The accomplice Wang 2, together with Teng, An, Wang 3, and Hou 1, lived at home without paying back the money and sold his necklace and ring at home to blackmail the victim Yang 1110,356 yuan.
(16) One day in September 2012, because Lu owed Teng the usury loan shark for Wang 2 while gambling in 2012, Teng asked Lu to pay a 57,000 yuan IOU. The accomplice Wang 2, together with Teng, An, Wang 3, and Hou 1, lived at home for not paying back the money and threatened to extort the victim Lu 30,000 yuan.
(17) One day in March and April 2012, Wang Mou3 owed Teng the usury loan 27,000 yuan for Wang Mou2 in the gambling field organized by Wang Mou2. The accomplice Wang 2, together with Teng, An, Wang 5, Guo and Fan, lived at home without paying back the money, sold wolfberry, and blackmailed the victim Wang 37,000 yuan.
(18) At around 19:00 on September 21, 2012, Huang Mou 1 gave his friend Wang Mou 5 a guarantee to borrow 40,000 yuan from Wang Mou 4 but failed to repay it. The accomplice Wang 2 colluded with Wang 4, Hao Xiaoqing, Wang 3, Guo and Fan urged the victim Wang 520,000 yuan by illegally detaining Huang 1.
(19) On January 4, 2012, Tan Peng borrowed a usury loan of 120,000 yuan with a monthly interest rate of 5 cents from a co-inmate Wang. The accomplices Wang Mou 2, Wang Mou 4 and a man (identity not found out) found Lu Mou 1 and Gao Mou 2 who guaranteed Tan Peng and asked him to repay the loan for Tan Peng. Wang 2 and Wang 4 lived in his home without paying back the money and restricted Gao 2's personal freedom to blackmail the victim Lu 1 and Gao 2.
(20) From May to June 2011, Liu Mou3 borrowed 48,000 usury from Pei Wei in the gambling field organized by Li Mou3 and did not repay it. The accomplice An, together with Wang, and others, threatened and blackmailed the victim Liu, 312,400 yuan by firing crossbow arrows into the sky and stabbing Liu, with pickaxe handles in the abdomen.
3. From April 2012 to November 2012, Wang 2, An, Teng, Wang 3, Wang 4, Wang 6, Yang 1, Guo, Liu, Zhu Bo, Hao Xiaoqing, and Guo took compulsory measures to illegally deprive others of their personal freedom with the purpose of asking for gambling debts. In this way, they asked multiple victims for illegal debts arising from gambling activities and for others, causing the victims to have psychological fear and panic, causing bad social impact. Among them, the defendant Fan participated in the illegal detention of the victim Huang 1 (the seventh case).
(1) One day in April 2012, at around 9 a.m., Chen Mou 2 owed Teng a usury loan for Wang Mou 2 in the casino. The accomplice Wang Mou 2 instructed the accomplice Teng, An Mou and Liu Mou to control Chen Mou 2 to a room in the Mengxing Hotel in Wulashan Town, Urat. At around 15:00 the next day, Chen Mou 2 paid off the gambling debt of 46,000 yuan before gaining personal freedom. Wang Mou 2, together with Teng Mou, An Mou and Liu Mou, illegally detained Chen Mou 2 for nearly 30 hours.
(2) On May 8, 2012, Yang Mou7 owed Teng the usury loan 26,000 yuan for Wang Mou2 in a casino organized by Bai Mou2. The accomplice Wang Mou 2 instructed the accomplice Teng, An, Liu Mou and Zhu Bo to take Yang Mou 7 to the color steel room of An Mou's mother's house in Nanhetou Sheshe, Wulashan Town, Urat Qianqi. In the color steel room, the accomplice Wang Mou 2 beat and insulted Yang Mou 7. Later, Wang Mou 2 instructed An, Liu Mou 2 and Zhu Bo to control Yang Mou 7 in a hotel near the Bayun Hotel in Wulashan Town, Urat Qianqi, and threatened to repay the money. At around 9 p.m., accomplices Wang Mou 2, An Mou, Zhu Bo and others took Yang Mou 7 to the rented house of Wang Mou 2 on Zhengfa Road, Wulashan Town, Wurat Qian Banner. Wang Mou 2 beat and insulted Yang Mou 7 again and assigned An Mou, Liu Mou and Zhu Bo to take turns to take care of Yang Mou 7. At around 5 a.m. the next day, Yang Mou 7 took advantage of An Mou, Liu Mou and Zhu Bo's sleeping soundly and fled Wang Mou 2's rented house.
(3) One day in August 2012, Guo Mou 1 owed accomplice Teng in a casino and failed to repay the usury loan shark for the accomplice Wang Mou 2. Wang 2 caught Guo 1 and beat Guo 1 with a kitchen knife. Later, the accomplices Wang 5, An and Guo also beat Guo 1. Wang 2 sent An, Wang 5, Guo and others to follow Guo 1 and forced him to sell wolfberry to pay his gambling debts. That night, An, Wang 5, and Guo took Guo 1 at his home again. It was not until the next day that Guo 1 handed over the money for selling wolfberry to Wang 2 and wrote an IOU to gain personal freedom.
(4) On the afternoon of September 21, 2012, Hou Mou 1, Zhang Qiang and Jia Caijun failed to pay interest as scheduled because they borrowed 150,000 yuan from accomplice Wang Mou 4. The accomplices Wang 2, Wang 4, An 5 forced Hou 1 back to Yonghe Village, Sudulun Town, Urat Banner to ask for the account, and beat and insulted Hou 1 many times, forcing Hou 1 to sell his house to pay off his debts. On September 24, 2012, after Hou Mou1's parents signed the repayment agreement, Hou Mou1 gained personal freedom. Wang Mou 2 took Hou Mou 1 away and coerced him to join Wang Mou 2's criminal organization.
(5) One day in November 2012, at around 9 am, Yan Mou2 owed Teng the usury loan 31,000 yuan for Wang Mou2 in the casino and did not pay it back. The accomplice Wang 2 beat Yan 2 with a fist, threatened Yan 2 with a knife and a suspected gun, and instructed An, Wang 3, and Hou 1 to control Yan 2 at the Qianyuan Hotel in Wulashan Town, Urat Banner. At about 3 pm the next day, the accomplice Wang 2, An, Wang 3, and Hou 1 brought Yan 2 back to his father Yan Laicheng's home. Wang 2 forced Yan 2's parents to write a repayment agreement, and Yan 2 gained personal freedom.
(6) At around 9 am on November 19, 2012, Wang 10 loaned Wang 4 to 100 million yuan but failed to repay it. The accomplice Wang Mou 4 found Wang Mou 10 and notified the accomplice Wang Mou 2. After Wang Mou 2 led the accomplice An, Hou Mou 1, and Wang Mou 3 to Wang Mou 4's second-hand car dealer, Wang Mou 2, An Mou and others immediately beat Wang Mou 10 and instructed An, Hou Mou 1, and Wang Mou 3 to follow Wang Mou 10 and force Wang Mou 10 to pay back the money. Later, Wang Mou 10's elder brother Liu Rui found Wang Mou 2 and Wang Mou 4 to discuss settlement of the interest first and then repay the principal, Wang Mou 10 won personal freedom at around 3 pm on November 20.
(7) At around 19:00 on September 21, 2012, Huang Mou 1 gave his friend Wang Mou 5 a guarantee to borrow 40,000 yuan from his accomplice Wang Mou 4 but did not repay it. Accomplices Wang 4 and Wang 2 appointed accomplices Hao Xiaoqing, Wang 3, Guo 4 and Fan to control Huang 1 in his home and took turns to take care of him, forcing Huang 1 to borrow money to repay the debt. Until at noon on the 24th, after Wang 5 returned the loan to Wang 4, Huang 2 was free.
(8) One afternoon in October 2012, because Zhang Mou6 owed accomplice An in the casino 16,000 yuan of usury loans from his co-indicter An in the casino, the co-indicter An, Wang Mou6 and Yang Mou1 forced Zhang Mou6 back to Wulashan Town, Urat Front Banner. In the car, An threatened Zhang Mou6 and punched Zhang Mou6 twice in the chest, forcing Zhang Mou6 to repay the gambling debt. At around 8 o'clock that night, after Gao Xuefeng, the nephew of the victim Zhang Mou6, agreed to pay back the money for Zhang Mou6, Zhang Mou6 gained personal freedom.
4. From December 2011 to December 2012, the accomplices Wang 2, An, Wang 3, Hou 1, Wang 4, Wang 6, and Liu Junwei used compulsory methods to illegally invade other people's residences for the purpose of claiming gambling debts. In this way, they asked the victims Ji 1, Zhang 1, Yang 1, and Zhang 6 for illegal debts arising from gambling activities and for others.
(1) One day in December 2011, accomplice Wang Mou2 led accomplice An Mou and Wang Mou6 to Ji Mou1's home in Naimadai Village, Xixiaozhao Town, Urat Qian Banner, and asked Ji Mou1 for 18,700 yuan of usury that he owed Teng Mou2 on the gambling field organized by Li Qingyun and the Court. Because Ji Mou 1 was not at home at that time, the accomplice Wang Mou 2 and others asked Ji Mou 1's wife Cao Mou and Ji Mou 2 for the gambling debts owed by Ji Mou 1. The accomplice Wang Mou 2 threatened to pull and sell the gambling debts on the roof of Ji Mou 1's large tow trucks, and stayed in Ji Mou 1's house that night. The next morning, the accomplice Wang Mou 2 threatened Ji Mou 1's mother Wang Lizhi. If he didn't pay back the money, he would live in Ji Mou 1's house, Westinghouse, (at that time, Ji Mou 1 was not at home, and his wife Cao Mou was resting in the west room). Ji Mou 2 had no choice but to call Ji Mou 1 home and borrow money everywhere.Later, the accomplice Wang Mou 2 assigned the accomplice Wang Mou 6 to eat and live in Ji Mou 2's house for three days and nights. It was not until the fourth day that Ji Mou 2 was forced to hand over 18,700 yuan to the accomplice An Mou, and the accomplice An Mou and Wang Mou 6 left Ji Mou 2's house.
(2) One day in March 2012, at around 5 pm, because Zhang Mou 1 owed accomplice Teng in the casino 55,000 yuan of usury loans for accomplice Wang Mou 2 in a casino, but failed to repay the money, the accomplice Wang Mou 2 brought people to Zhang Mou 1 and asked him to repay the money. Because Zhang Mou 1 had no money at the time, the accomplice Wang Mou 2 ignored Zhang Mou 1's opposition and asked the accomplice Wang Mou 6, Liu Junwei and two other men (identities were not found out) to force their residence in Zhang Mou 1, the fifth society of Xibatou Village, Pioneer Town, Urat Qianqi. The accomplice Wang Mou 6 and four others followed Zhang Mou 1 in turn until around 5 pm on the fifth day, after Zhang Mou 1 paid off his gambling debt, the accomplice Wang Mou 6, Liu Junwei and other people left Zhang Mou 1's residence.
(3) One day in October 2012, Yang Mou 1 owed the debts owed by accomplice Wang Mou 2. The co-ccomplice Wang Mou 2 arranged for accomplice An, Wang Mou 3, and Hou Mou 1 to move into Yang Mou 1's home for a month. Yang Mou 1's wife Bai Wenting was forced to leave the house, and the co-ccomplice An and others replaced the door lock of Yang Mou 1's house.
(4) At the end of December 2012, because Zhang Mou6 borrowed 30,000 yuan from accomplice Wang Mou4 and failed to return it on time, accomplice Wang Mou4 and Wang Mou2 found Zhang Mou6 and asked him to repay the loan. Despite the opposition of the victim Zhang Mou6, he instructed accomplice Wang Mou3 and Hou Mou1 to force his residence at Zhang Mou6's home, and asked accomplice Wang Mou3 to follow Zhang Mou6 to prevent him from escaping. The accomplices Wang 3 and Hou 1 lived in Zhang 6's home for half a month. During this period, Zhang Mou 6 asked the accomplices Wang Mou 3 and Hou Mou 1 to leave, but the accomplices Wang Mou 3 and Hou Mou 1 said that they would not dare to leave without Wang Mou 2. On January 11, 2013, Zhang Mou 6 paid off his debts and accomplices Wang Mou 3 and Hou Mou 1 left Zhang Mou 6's family.
(5) At around 2 pm on August 14, 2012, accomplice Teng called Suga Haizhong to ask for the usury he owed in Li Mou1's casino. The two quarreled on the phone. After hearing this, accomplice Wang Mou2 took the call to scold Suga Haizhong. Then, accomplice Wang Mou2 brought accomplice An, Teng Mou, Wang Mou9 and others to Suga Haizhong's home. The accomplice Wang Mou2 and An insulted Suga Haizhong and then punched and kicked him, causing the victim Suga Haizhong to be injured in many places. Later, the Criminal Science and Technology Office of the Public Security Bureau of Urat Qianqian Banner found that the degree of injury to the left eye of the victim Suga Haizhong was slightly injured. After the incident, the accomplice Wang Mou 2 compensated the victim Suga Haizhong for economic losses of 23,000 yuan and had paid it.
(6) On the evening of May 5, 2012, Wang Mou 2 dispersed the casino because Teng Mou and Xu Mou (also known as Xu Er) had an argument in the gambling field. Then Wang Mou 2 gathered Teng Mou, An Mou, Yang Mou 1, and Liu Mou brought pickaxe and other equipment to Xu Mou's lottery station running in Qiaonan, Wulashan Town, Wurat Qian Banner, and smashed the glass on the door of the lottery station. Then Wang Mou 2 came to the streets of Wulashan Town to conspire the contract criminals Guo and Hao Xiaoqing, Wang Mou 5, Dong Yue, Guo Wei, Guo Mou and others called by Guo Mou, with knives, pickaxes and other equipment, and came to the lottery station run by Xu Mou again to beat Xu Mou. Xu Mou was afraid that Wang Mou 2 and others would beat him and called Yang Mou 2, Hao Mou 3 (also known as Hao Bei), Wang Mou 3, Bai Mou 3, and Zhang Xiangdong with weapons to help him help. After that, the two sides did not beat him. Wang 2, An and Teng left after Xu's wife apologized and gave Teng a jade bracelet. Before leaving the lottery station, Wang Mou2 instructed An Mou and others to arrest Bai Mou3 and others because Bai Mou3 and others were helping Xu. Later, An Mou led Hao Xiaoqing, Liu Mou, Dong Yue, Wang Mou5, Guo Wei, Guo Mou, and Yang Mou1 to catch Bai Mou3 in the corridor of Yijia Hotel in Wulashan Town, Urat Qianqi. Liu Mou3 cut Bai Mou3's head with Guan Gong's knife on the back. An Mou slapped Bai Mou3 on the head twice, and forced Bai Mou3 to the trunk of the car he was driving to take to Xiaobudian Barbecue City. An Mou stabbed Bai Mou3 in the leg with a knife, and Wang Mou2 injured Bai Mou3's head with a beer bottle. Afterwards, Wang 2, An, Yang 1, and Liu put Bai 3 in the trunk of the car and pulled it to the rental house of Wang 2 in Wulashan Town, Urat Qianqi. Wang 2 and An beat Bai 3 again, and then sent Bai 3 to Urat Qianqi People's Hospital for treatment. On May 10, 2012, the two parties reached an agreement to compensate 22,000 yuan, which has been fully fulfilled and has obtained understanding.
(IV) Wang Mou 2 dominates one party by committing illegal and criminal activities, forming illegal control or major impact in a certain area or industry, seriously disrupting the order of economic and social life. The criminal organization headed by Wang Mou 2, the defendant Fan Mou and others participated in dominating one side by committing various illegal and criminal activities, which has a certain impact on Urat Front Banner, underground gambling venues in some areas of Wuyuan County, and seriously infringed on the lives and property safety of the people in Urat Front Banner and Wuyuan County, causing psychological coercion and fear to the local people, causing the victim to dare not report or accuse it, seriously affecting the local social security order, causing the interests of the victim to be damaged. The people have strong reactions to the organization and causing major adverse social impacts.
2. The criminal facts of the defendant Fan's extortion
(I) One day in March and April 2012, because the victim Wang Mou3 owed Teng the usury 27,000 yuan for Wang Mou2 in the casino organized by Wang Mou2 and did not repay it, Teng Mou and An found the victim Wang Mou3 forcing him to write an IOU of 30,000 yuan and told him that it was Wang Mou2's intention. Later, the victim Wang Mou4 gave Wang Mou2 23,000 yuan. One day in August of that year, Wang Mou 2 instructed Guo, An, Wang Mou 5 and the defendant Fan to find the victim Wang Mou 3 and ask him to repay 31,000 yuan. Because the victim Wang Mou 3 failed to repay the money at the time, Wang Mou 2 ignored the opposition of the victim Wang Mou 3 and his family and asked Guo Mou, An, Wang Mou 5 and the defendant Fan Mou forcibly lived in the home of Wang Mou 3, the victim Wang Mou 3, the victim Fengfeng Village, Pioneer Town, Qianqiu Banner, and said when to pay back the money and when to leave. That night, An sent Guo, Wang, and defendant Fan to the house of the victim Wang. The next day, the victim Wang Mou3 was forced to sell the wolfberry at home, and then borrowed money from others to raise 31,000 yuan and handed it over to Wang Mou2. The defendant Fan and others extorted the victim Wang 37,000 yuan.
(II) At around 19:00 pm on September 21, 2012, because Huang Mou 1 gave his friend's victim Wang Mou 20 a guarantee to borrow 40,000 yuan from Wang Mou 4 but failed to repay, Wang Mou 4 and Wang Mou 2 took Huang Mou 1 home and forced Huang Mou 1 to repay the loan borrowed 440,000 yuan for Wang Mou 2. Because Huang Mou 1 had no money to repay the debt, Wang Mou 4 and Wang Mou 2 forced Huang Mou 1 to borrow 440,000 yuan from Wang Mou 4. Wang Mou 4 and Wang Mou 2 assigned Guo Mou, Hao Xiaoqing, Wang Mou 3. The defendant Fan controlled Huang Mou 1 in his home and took turns to take care of it, forcing Huang Mou 1 to borrow money to repay the debt. Until noon on the 24th, after Wang Shuanzhu returned the loan to Wang Mou 4, Huang Mou 2 was free, and the defendant Fan Mou and others illegally detained Huang Mou 1 to extort 2.02 million yuan from the victim Wang Mou 2.
3. Criminal facts and evidence of the defendant Fan's illegal detention
0 at around 19:00 on September 21, 2012, the victim Huang Mou 1 gave his friend Wang Mou 5 a guarantee to borrow 40,000 yuan from Wang Mou 4 but did not repay it. Wang Mou 4 and Wang Mou 2 went to the Haye Hutong Railway Station in Baotou City to cheat the victim Huang Mou 1 out and took him back to his home at No. 21, Daokou Road, Wulashan Town, Wurat Qian Banner, and forced the victim Huang Mou 1 to repay the loan borrowed from Wang Mou 4 for Wang Mou 5. Because the victim Huang 1 had no money to repay the debt, Wang 4 and Wang 2 assigned Guo, Hao Xiaoqing (sentenced), Wang 3. The defendant Fan controlled the victim Huang 1 in his home and took turns to take care of it, forcing the victim Huang 1 to borrow money to repay the debt. Until at noon on the 24th, after Wang Mou5 returned the loan to Wang Mou4, the victim Huang Mou2 was free.
To sum up, the defendant Fan participated in a gang-like organization led by Wang 2, and organized illegal and criminal activities by violence, threats or other means, dominate one side, dominate the wrongdoing, bullying and harming the masses, and seriously undermining the economic and social order. Among them, two cases of suspected extortion were 27,000 yuan; one case of suspected illegal detention. The defendant Fan was convicted of participating in a gang-like organization, extortion, and illegal detention.
On November 26, 2019, the defendant Fan was arrested by the patrol special police brigade of the Dongsheng District Public Security Bureau.
In the end, the court ruled as follows: The defendant Fan was sentenced to one year and six months in prison and a fine of RMB 15,000 for participating in a gang-like organization; he was sentenced to two years in prison and a fine of RMB 10,000 for extortion; he was sentenced to one year and six months in prison; he was sentenced to one year and six months in prison for illegal detention. It was decided to enforce four years in prison and fined RMB 25,000.(The sentence is calculated from the date of execution of the judgment. If the sentence is detained before the execution of the judgment, one day of detention will be deducted from one day of sentence, that is, from November 26, 2019 to November 25, 2023; the fine will be paid within five days after the judgment takes effect.)
