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[2006]X Law Punishment Zi ChuNo. 1

Defendant Xu X, male, born on XX (16 years old), male, Han nationality, from XX city, XX province, with junior high school education, unemployed, living in ....., was arrested on XX, XX, and is now detained in XXX detention center.

The defendant Xu X's theft case was prosecuted by the XX Municipal People's Procuratorate in XX, and the prosecutor was appointed to appear in court to support the public prosecution. After the court accepts the case, it shall form a court according to law. As the defendant is a minor, the lawyer of XX Law Firm is appointed as his defender according to law. After the trial is held in private, the review is over.

The Procuratorate of XX accused the defendant Xu XX of multiple thefts, with a value of more than 7,000 yuan, which was a large amount. His behavior constituted theft, and he should be investigated for criminal responsibility for theft according to law, and submitted the victim's statement, witness testimony and other evidence to our court for confirmation.

After trial, it was found that the defendant Xu had burglary for many times, worth more than 7,000 yuan. The above facts were confirmed by the evidence provided by the public prosecution agency and cross-examined in court, which was adopted by our court.

The public prosecutor pointed out in the public prosecution opinion that the defendant is a minor, and the treatment should be based on education, not punishment. He should be given a lighter punishment according to law. However, it is a burglary for many times, and the money is squandered, so it can be severely punished as appropriate. The opinions of public prosecution are consistent with the facts and laws of this case and adopted by our court.

Defendant Xu X had no objection to the theft alleged in the indictment, but argued that the stolen money was used to entertain friends, not to spend it himself. The court held that his defense did not affect the conviction of this case. On the contrary, it is a waste for a minor to entertain his friends with such a large sum of money.

The defense opinion of the defender is: 1. As a minor; 2. Good guilty attitude; This is the first offense. In summary, it is recommended to give a lighter punishment. His defense opinions are basically consistent with the facts and should be considered when sentencing. However, the defense opinion is not all the circumstances of sentencing in this case, and our court should consider all the circumstances of this case when sentencing.

Our court believes that the defendant has repeatedly committed burglary by secret means for the purpose of illegal possession, with a value of more than 7,000 yuan, which constitutes a crime of theft, and the public prosecution agency has prosecuted for this crime. Accordingly, according to the provisions of Article 264, Article 1 and Article 17, paragraph 3 of the Criminal Law of People's Republic of China (PRC), the judgment is as follows.

Defendant Xu X was convicted of theft, sentenced to two years and six months in prison and fined 7000 yuan.

(The term of imprisonment is XX years to XX years, and the fine shall be paid within ten days after this judgment comes into effect. )

If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of XX City within ten days from the day after receiving this judgment. If a written appeal is made, three copies of the appeal can be submitted, one original 1 copy and two copies.

Chief justice XXX

Judges ...

Judges ...

office worker ...

XXXX year x month x day