Lawyer

Chapter 675 Temporary intention
"Do you know the victim Gao Gang (the man on the phone)?" the prosecutor continued to ask.

"I don't know." Gucci shook his head.

"Who made the first move at the time of the incident?" the prosecutor asked, skipping over the reasons and motives of the defendant's actions.

"It's Hao Dayuan, he said he can knock him down in a minute." Gucci followed the inspector's question and said.

"What did you do?" the inspector asked Gucci without giving Gucci time to think.

"I see they are fighting, go over and help." Gucci blurted out.As far as he was concerned, that was the case, and there was nothing wrong with what he said.

"Did the defendant resist?" the prosecutor continued to ask.

"Resisted, the three of us brought him down." Gucci said.

"What do you mean by laying down?" the inspector asked.

"Let it down means we knocked the opponent down. At that time, Hao Dayuan was pressing on him, and Cui Dongpo pressed his legs, and he didn't let go until the opponent stopped resisting..." Gucci said
"In the meantime, what did you do?" the inspector asked.

"I saw him scratching his hands, so I went up and kicked him twice," Gucci said.

"Why is the victim's mobile phone on you?" the prosecutor asked suddenly.

"I... I kicked him and saw most of the phone in his pocket was exposed, so I snatched it and put it in my pocket. The police came right after me, and I ran away..." Gucci The one who was asked was a little flustered.

"Presiding judge, the public prosecutor has finished questioning." The prosecutor said.

"The defendant's defender may question the defendant," said the presiding judge.

"Defendant, you just said that you vomited on the way back because you drank too much, and then you, Hao Dayuan and Cui Dongpo rested on the side of the road, why did you suddenly beat the victim?" Fang Yi asked.

"At that time, there was a man who was making a phone call. We didn't know each other. Hao Dayuan told us that he could knock down the man in one minute. We were drinking too much at that time, and Cui Dongpo scolded him a few words. If you can't get down, go throw that man.

But because he drank too much, he didn't knock down the opponent, but fought with the opponent, and suffered a small loss, so Cui Dongpo and I ran over to help beat the man.

At that time, I really didn't want to snatch that guy, I just wanted to prevent Hao Dayuan from being disadvantaged, it was all out of brotherhood. ’ explained Gucci.

"Why is the victim's mobile phone on you? What did you think at that time?" Fang Yi asked unhurriedly.

"I was drinking too much and my brain didn't work very well. At that time, the other party fell to the ground. After I kicked him twice, I saw that he had a mobile phone in his pocket. I snatched it, and then the police came, and I was arrested. I caught it..." Gucci felt very sad, he really didn't want to snatch the other party's phone that day, and he didn't know what he was thinking at the time, it was a mistake to drink!

"When you snatched the phone, were Hao Dayuan and Cui Dongpo beating the victim, or was the victim under their control?" Fang Yi asked.

"No, the other party was lying on the ground at that time, and they were convinced, so the two of them didn't do anything anymore. They just stood aside and panted heavily." Gucci said.

"Did you resist when the police arrested you?" Fang Yi asked.

"No, I don't know who kicked me at the time. After I fell to the ground, I was handcuffed immediately, and I didn't realize it." Gucci said with a bitter face.

"Presiding judge, the defender's questioning is over." After Fang Yi finished speaking, he looked at the presiding judge.

……

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. "The presiding judge said after taking a pen and writing on the paper.

"The presiding judge, the judge: ... the public prosecutor believes that the defendant Gucci, together with others, provoked trouble after drinking, saw the victim passing by, improvised, and used violent means to rob the victim's money, and his behavior constituted the crime of robbery.

The public prosecutor suggested that the defendant be sentenced to five years in prison.complete. ” said the inspector.

……

"The defendant's defender delivered his defense opinion." The presiding judge looked at Fang Yi who was on the defense seat.

"Presiding judge, judge: The defender believes that the defendant Gucci's behavior does not constitute the crime of robbery, but constitutes the crime of robbery. The specific reasons are as follows:

[-]. The defendant's behavior did not conform to the characteristics of the crime of robbery.

According to the provisions of Article 260 of the "Criminal Law", the crime of robbery refers to the act of seizing public and private property on the spot by using violence, coercion or other methods for the purpose of illegal possession.

According to the above provisions, the perpetrator of the crime of robbery must subjectively aim at illegally forcibly occupying other people's property, and objectively show that he has committed violence, coercion or other acts against the victim, and the purpose of carrying out the above acts must be to obtain property on the spot. property of others.

In this case, the defendant, Gucci, first colluded with others to provoke trouble after drinking, and beat the victim for no reason.Afterwards, Gucci took advantage of the moment when the victim was knocked to the ground, blatantly seized the victim's mobile phone and fled. He was later captured by the police.

When Gucci and his accomplices beat the victim, it was only for the sake of showing off their courage and brotherhood, and they had no intention of robbing money.

The existing evidence in the case cannot prove that Gucci and his accomplices beat the victim for no reason to rob money, and the existing evidence also does not reflect that Gucci and others asked for property from the victim during the beating, so Gucci and others beat the victim for no reason after drinking Others are pure acts of picking quarrels and provoking trouble.This behavior has nothing to do with Gucci's subsequent behavior of taking the opportunity to seize the victim's mobile phone for personal gain.

Gucci and his accomplices' previous search for trouble, and Gucci's personal motive to seize the victim's mobile phone, are two independent acts of completely different nature under the control of two different subjective intentions.

Neither Gucci nor his accomplices had the intention or purpose of robbing property when committing violent beatings, and the violence cannot be regarded as a means for Gucci to personally seize other people’s property.

Since then, when Gucci personally saw the wealth and seized other people’s property on the spur of the moment, the violent beating was over. After Gucci kicked the victim’s feet, he did not continue to inflict violence on the victim in order to obtain the victim’s mobile phone.

The victim's statement also confirmed that when his mobile phone was robbed, no one was beating him.Afterwards, the public security personnel arrived, and the defendant Gucci did not resist during the process of fleeing and being arrested, nor did he establish the crime of transformational robbery.

It can be seen that the purpose of the defendant Gucci and others’ preemptive violation of the person of others was not to rob other people’s property; Does not meet the characteristics of the crime of robbery.

[-]. The defendant's behavior constituted the crime of snatching.

According to the provisions of Article 260 of the "Criminal Law", the crime of snatching refers to the act of blatantly seizing a relatively large amount of public and private property for the purpose of illegal possession and taking advantage of people's unpreparedness.

According to the above stipulations, the crime of snatching takes advantage of people's unpreparedness, does not use violence, but uses force, and this force only acts on the property being robbed, while the crime of robbery uses violence and applies violence directly to the victim. Human body, force its body.

As far as this case is concerned, the act of the defendant Gucci and his accomplices beating the victim for no reason after drinking was not Gucci’s means of seizing property; If it does not meet the characteristics of the crime of robbery, it should be identified as the crime of robbery.

In view of the fact that the defendant is a first-time offender and has confessed truthfully after being brought to justice, the court is requested to give him a lighter punishment, and the defender suggests that the defendant should be given a suspended sentence.complete. After Fang Yi finished speaking, he looked at the presiding judge.

……

　There is another chapter, wait a minute, it is being typed by hand.

　　
　
(End of this chapter)