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Introduction to this issue
During the process of burglary, a habitual thief was collecting his "trophies" and preparing to run away when he happened to meet the homeowner. In order to escape, he even threatened the homeowner with a knife, resisted arrest, and was eventually sentenced for robbery.
Recently, Nandan County People's Court pronounced the case on this case. The man was sentenced to 13 years in prison and fined 9,000 yuan.
After reading the introduction, you may have this question: Isn't
theft? How come it was robbery?
Let’s analyze the case in detail~
A habitual thief who has been in and out of prison
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Defendant Wei Mou was sentenced to fixed-term imprisonment ranging from nine months to two years and six months by the Maonan District People's Court of Maoming City, Guangdong Province, the Liubei District People's Court of Liuzhou City, Guangxi, and the Yufeng District People's Court of Liuzhou City, Guangxi for committing theft in 2010, 2011, 2014, and 2017.
In October 2017, Wei was still unrepentant after being released from prison. In March 2018, Wei and the other three defendants in this case discussed in Liuzhou and came to Nandan together to commit theft.
To escape, he threatened the homeowner with a knife
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At around 11:00 on March 28, 2018, the defendant Wei and the other three defendants in this case came to a community in Nandan County and divided into groups to wait for an opportunity to commit crimes.
After knocking on the door to confirm that no one was in a certain room, Wei used a lockpicking tool to break into the room and stole a gold ring, a silver bracelet, more than 100 yuan in cash and other property.
12 o'clock, when Wei was about to leave, he was met by the homeowner who was returning home from get off work in the living room. The homeowner closed the door and asked Wei what items he had stolen. At first, Wei denied that he had stolen the property. After being questioned by the landlord, Wei took out the stolen cash of more than 100 yuan and put it on the shoe cabinet, and begged the landlord to let him leave.
When the homeowner refused to let him leave and planned to call the police, Wei took out 300 yuan from his wallet to repair the lock of the homeowner, and took out a knife from his pocket to threaten the homeowner to make him leave. When the homeowner saw this, he let Wei go out of fear of being hurt. Wei then fled the scene with a gold ring and silver bracelet.
The court held that
Screenshot of the live broadcast of the court hearing on April 29, 2019
The defendant Wei and the other three defendants in this case jointly stole other people's property by secret means for the purpose of illegal possession. The total value of the stolen property that could be determined was RMB 5,084, which was a relatively large amount. The actions of the four of them had violated criminal laws and constituted the crime of theft. After the defendant Wei was discovered to have broken into the house and theft was discovered, he took out the knife he carried with him indoors to threaten the victim, resisted arrest, and took away the stolen gold rings and silver bracelets, which has been converted into a crime of robbery.
Screenshot of the live broadcast of the court hearing on April 29, 2019
The court ruled
that the defendant Wei was guilty of robbery and theft, and decided to execute a fixed-term imprisonment of 13 years and fined him RMB 9,000.
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The judge said
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What is the difference between the crime of theft and the crime of robbery? How to convert
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Theft VS Robbery
Both theft and robbery are for the purpose of illegally occupying public and private property, and theft generally refers to the secret theft of public and private property , which will not cause substantial personal damage or personal threat to the property owner, while robbery is using violence or coercion against the property owner, which will substantial personal damage or physical threat to the property owner.
Theft➨Robbery
《Criminal Law of the People's Republic of China》
Article 269 Whoever commits the crime of theft, fraud, or robbery, and who uses violence or threatens violence on the spot in order to hide stolen goods, resist arrest, or destroy evidence of a crime, shall be convicted and punished in accordance with the provisions of Article 263 of this Law.
Therefore, in this case
the reason why Wei was convicted of robbery among the four people
The key point is: He showed the knife and threatened
How can this really happen!
The sentencing of theft depends not only on the circumstances, but also on the amount of property. If Wei is only guilty of theft, he will receive a lighter punishment based on the amount of his crime. He will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and he will also be fined or alone.
But! ! !
In this case, Wei broke into a house, threatened the head of the household with a knife on the spot, and resisted arrest, which has been converted into robbery. Therefore, Wei's starting point will be directly changed to ten years' imprisonment, without reference to the specific crime amount..
Question: Fifteen types of "protective umbrellas" of evil forces (Part 2)
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5 is a retaliatory type that retaliates against whistleblowers of gang-related and evil crimes.
Six is the type of investigation without investigation. Failure to respond to the police when it comes to crimes committed by gangsters, failure to establish cases when they are there, opening up cases but not investigating, failure to obtain evidence when evidence is available, arresting when necessary, not prosecuting when necessary, as well as changing coercive measures at will and withdrawing cases.
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