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How many years will Li Jinxing be sentenced?
Legal analysis: The defendant Li Jinxing committed the crime of robbery and was sentenced to five years in prison (the sentence shall be calculated from the date of execution of the judgment. If he is detained before the execution of the judgment, one day of detention will be equivalent to one day of the sentence, that is, from the date of execution of the sentence) From July 7, 2014 to July 6, 2019), and shall be fined RMB 2,000 (to be paid within ten days after this judgment takes effect), and deprived of political rights for one year.
Party information:
Public prosecution agency Danyang People’s Procuratorate of Jiangsu Province.
The defendant, Li Jinxing, works part-time. He was sentenced to one year and two months in prison, suspended for two years, and fined RMB 15,000 by the Danyang People's Court on July 27, 2011 for committing fraud. He was criminally detained on July 7, 2014 on suspicion of robbery. He was arrested on August 13 of the same year and detained at the Danyang Detention Center.
Trial proceedings:
The People's Procurator of Danyang City, Jiangsu Province accused the defendant Li Jinxing of committing robbery in November 2014 in Dan Prosecuting Criminal Law (2014) No. 783. A public prosecution was filed with this court on the 17th. The Danyang Municipal People's Court formed a collegial panel in accordance with the law and held a public hearing. Danyang Municipal People's Procuratorate appointed prosecutor Wei Yajing to appear in court to support the prosecution. The defendant Li Jinxing attended the court to participate in the proceedings. The trial is now concluded.
After trial, it was found that:
1. In the early morning of June 26, 2014, the defendant Li Jinxing, wearing a mask and carrying a fruit knife, followed the victim Jiang to Yunyang Town, Danyang City, Jiangsu Province. Near Dading Ship No. 124, they used strangulation, verbal threats, and knife intimidation to commit robbery, but later left due to lack of money.
2. At about 1 a.m. on July 5, 2014, the defendant Li Jinxing, wearing a mask and carrying a fruit knife, followed the victim Bian to the second floor of Unit 2, Building 10, Hebin New Village, Yunyang Town, Danyang City, Jiangsu Province , used methods such as strangulation, verbal threats, and knife intimidation to commit robbery, and robbed RMB 900. After the incident, the stolen money was recovered.
The defendant Li Jinxing confessed the above facts without objection during the trial, and there were also the statements of the victims Jiang and Bian, the testimony of the witness Wu, the investigation process of the case by the Danyang Public Security Bureau, identification records and photos, Evidence such as on-site inspection records, search records, photos of crime tools, and seizure lists were used to confirm the case. The evidence has been cross-examined in court and is legal and valid, sufficient for determination.
The Danyang Municipal People's Court held that the defendant Li Jinxing used violence and coercion to rob other people's property for the purpose of illegal possession. His behavior violated the criminal law and constituted the crime of robbery. The charges made by the public prosecutor's office have clear facts, reliable and sufficient evidence, and accurate characterization, and the Danyang Municipal People's Court supports them. The defendant Li Jinxing committed two robberies. Among them, the robbery of the victim Bian was completed, and the robbery of the victim Jiang was aborted. If the defendant truthfully confesses the facts of the crime after being brought to justice, he may be given a lighter punishment. In order to combat criminal activities and maintain normal social order, the Danyang Municipal People's Court based on the defendant's specific criminal facts, crime nature, circumstances and degree of harm to society, and in accordance with Article 200 of the Criminal Law of the People's Republic of China and the People's Republic of China Regarding the provisions of Article 63, Article 24, Paragraph 1 of Article 56, Paragraph 1 of Article 55, Paragraph 3 of Article 67, and Article 64, the judgment is as follows: < /p>
1. The defendant Li Jinxing committed the crime of robbery and was sentenced to five years in prison (the sentence shall be calculated from the date of execution of the judgment. If he is detained before the execution of the judgment, one day in custody shall be equivalent to one day of the sentence, that is, since 2014 From July 7 to July 6, 2019), and shall be fined RMB 2,000 (to be paid within ten days after this judgment takes effect), and deprived of political rights for one year.
2. The seized tools for committing the crime: a fruit knife and eight pairs of masks were confiscated.
If you are dissatisfied with this judgment, you may appeal through the Danyang People's Court or directly to the Zhenjiang Intermediate People's Court of Jiangsu Province within ten days from the second day after receiving the judgment. If the appeal is made in writing, one original and two copies of the appeal should be submitted.
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