Original title: 'touch porcelain' appears a new way: select a driver to drive wine
Yuanmou, who is standing in the dock of sihai.com, is only in his early 20s, but no one has ever thought that such a young man who is not deeply involved in the world has two distinct faces: in the daytime, he is the intermediary of the real estate company and comes to Shanghai to fight for his own livelihood. After nightfall, he drove after the drunk driver, waiting for the opportunity to 'touch the porcelain'.
Recently, the Xuhui District People's Court of Shanghai held a court session to hear such a case. The court finally found that yuan was guilty of extortion and sentenced him to 10 months' imprisonment and a fine of 3000 yuan.
Born in 1995 as an intermediary of a real estate company, he lived in Xinqiao Town, Songjiang District during his stay in Shanghai. On November 25, December 2 and December 15, 2018, Yuan three times chose to step on a spot at the gate of a KTV in Xuhui District in the early hours of the morning. When he found that people who may drink alcohol left, he immediately drove to follow and waited for the opportunity to catch up. After waiting for the other party to get out of the car, he would call the police on the basis of the other party's drunk driving, and wait for the opportunity to extort the driver who really wanted to drink. During the last blackmail, Yuan chose to call the police because the driver refused to accept the plan of 10000 yuan.
Scene of trial
In the court investigation stage, Yuan insisted that he was' not intentional ':' I was trying to overtake, and the other party suddenly stopped, so I was unable to avoid the collision '.
However, the prosecutor's interrogation was clear-cut: 'since you are the main responsible party of the accident, why did the party who was hit compensate you?' 'you live in Songjiang, and why did you drive to Xuhui from 3 to 5 a.m. three times?' yuan in the dock was asked speechless for a moment.
In the court's proof stage since then, the public prosecutor will show the road monitoring of three cases one by one, and each video has a clear move of Yuan Mou intentionally colliding with the car ahead.
A frame of video is in front of him. Faced with the overwhelming evidence, yuan finally gave up his sophistry and admitted his behavior of looking for a specific target and deliberately creating an accident.
Court: conduct is highly dangerous
According to the public prosecution, Yuan achieved the purpose of extortion by deliberately destroying property, and determined that it constituted the crime of extortion. From the stage of investigation to today's court hearing, yuan always denied his actual behavior. Although he confessed in court, he did not admit the specific facts and did not apply the circumstances of confession. Yuan has deliberately caused accidents for many times, so he should be given heavier punishment at his discretion, and his behavior is highly dangerous, so please also give heavier punishment at your discretion.
Yuan's defense lawyer argued that Yuan's extortion amount was only 2000 yuan, the amount involved in the case was small, and no major loss was caused; Yuan's three attempted extortions, two of which were punished slightly compared with the completed ones; Yuan ' Smaller. In conclusion, it is suggested to reduce the punishment.
After the trial, the Xuhui District People's Court of Shanghai held that Yuan Mou had extorted money from others for many times for the purpose of illegal possession, with a large amount, and his act had constituted the crime of extortion and should be punished. The accusation of the public prosecution was adopted by the court. Yuan voluntarily confessed his crime in court and actively returned the stolen goods. He had certain performance of repentance and was given a lighter punishment as appropriate. However, Yuan's failure to truthfully state the main criminal facts after his arrival does not constitute a confession. Yuan's refund and compensation of 2000 yuan can be lighter as appropriate, but yuan's intentional accident has been made many times, and his behavior is highly dangerous, so he should be given heavier punishment as appropriate, and the punishment of less than 6 months proposed by the defender should not be adopted.
Finally, the court makes the above judgment in court according to the facts, nature, circumstances of the defendant's crime and the degree of harm to society.