Chapter 675 Temporary intention

Author: Snow Yinghong Plum

Chapter 675 Temporary intention

"Do you know the victim Gao Gang (the man who called)?" the prosecutor continued.

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

"Who did the first move at the time of the incident?" The prosecutor directly skipped the reason and motivation for the defendant to take action and asked.

"It's Hao Dayuan. He said he could knock the other party down in one minute." Gucci said following the prosecutor's question.

"What did you do?" The prosecutor asked after him without giving Gucci time to think.

"I see they started fighting and went over to help." Gucci made his debut. In his opinion, this is the truth, and there is nothing wrong with what he said.

"Did the defendant resist?" the prosecutor continued.

"Resist, the three of us brought him down." Guchi said.

"What do you mean by putting down?" asked the prosecutor.

"Back down, we fell down. At that time, Hao Dayuan pressed on him, Cui Dongpo pressed his legs until the other party stopped resisting, and then let go..." Guchi said.

"What did you do during this period?" the prosecutor asked.

"When I saw him grabbing both hands, I went up and kicked him." Guchi said.

"How come the victim's cell phone is on you?" the prosecutor asked suddenly.

"I... After kicking him, I saw that most of the phone in his pocket was exposed, so I snatched it, then stuffed it into my pocket, followed by the police and ran away..." Gucci was a little panicked when asked.

"Previous Judge, the prosecutor has finished asking." The prosecutor said.

"The defendant's defense lawyer can ask questions to the defendant." said the presiding judge.

"Defendant, you just said that you vomited on the way back because you were drunk. Then you, Hao Dayuan and Cui Dongpo, were resting on the side of the road. Why did you suddenly beat the victim?" Fang Yi asked.

"A man who called came over and we didn't know him. Hao Dayuan told us that he could fall down the man in one minute. We were drunk at that time, and Cui Dongpo said a few words to him. He was a little embarrassed and went to throw the man.

But because he drank too much wine, he didn't fall down, but instead started fighting with the other party and suffered a small loss. Cui Dongpo and I ran over to help beat the man.

At that time, I really didn't want to steal that man, I just wanted to not let Hao Dayuan suffer. I was completely out of my buddy's loyalty." Gucci explained.

"Why did the victim's cell phone be on you? What did you think at that time?" Fang Yi asked slowly.

"I was drunk too much at that time and my mind was not very useful. The other party fell to the ground. After I kicked him twice, I saw that there was a cell phone in his pocket, so I snatched it. Then the police came and I was caught..." Gucci felt very sad. He really didn't want to steal the other party's cell phone that day. He didn't know what he was thinking at that time. Drinking was a mistake!

"When you were snatching your phone, were Hao Dayuan and Cui Dongpo beat the victim, or the victim was under the control of them?" Fang Yi asked.

"No, the other party was lying on the ground and shouting condolences, and the two of them didn't do anything anymore. They just stood aside and gasped." Guchi said.

"When the police arrested you, did you resist?" Fang Yi asked.

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

"Previous Judge, the defense lawyer has finished asking." After Fang Yi finished speaking, he looked at the presiding Judge.

...

"The facts of this case have been investigated clearly, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around disputed facts that have not been verified by the court and the question of how the law should be applied based on the facts.

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

"Previous Judge, Judge:... The prosecutor believes that the defendant Gucci colluded with others to disturb trouble after drinking. When he saw the victim passing by, he temporarily made up his mind to use violent means to rob the victim's money, and his behavior constituted the crime of robbery.

The prosecutor suggested that the defendant be sentenced to five years in prison. It was completed." The prosecutor said in a speech.

...

"The defendant's defense lawyer expressed his defense opinion." The presiding judge looked at Fang Yi on the defense seat.

"Previous Judge, Judge: The defense lawyer believes that the defendant Gucci's behavior does not constitute robbery, but constitutes robbery. The specific reasons are as follows:

1. The defendant's behavior does not meet the characteristics of the crime of robbery.

According to Article 263 of the Criminal Law, robbery refers to the act of using violence, coercion or other methods to seize public and private property on the spot for the purpose of illegal possession.

According to the above provisions, the perpetrator of the crime of robbery must subjectively take the purpose of illegally forcibly possessing other people's property, objectively manifested as violent, coercive or other acts against the victim, and the purpose of the above acts must be to obtain other people's property on the spot.

In this case, the defendant Gucci first colluded with others to disturb the public after drinking, and beat the victim for no reason. After that, Gucci had a temporary intention to see money and took advantage of the opportunity of the victim being knocked to the ground, and then openly seized his cell phone and fled. He was later arrested by the police.

When Gucci and his accomplices beat the victim, they only wanted to show off their power and their buddies, and they did not intend to rob money.

The existing evidence in the case cannot confirm that Gucci and his accomplices beat the victim for no reason to rob money. The existing evidence cannot reflect that Gucci and others asked for property when they beat the victim. Therefore, Gucci and others beat others for no reason after drinking and were simply provoking trouble. This behavior has nothing to do with Gucci's personal intention to seize the victim's mobile phone afterwards.

Gucci and his accomplices' previous search for trouble, and Gucci's personal intention to seize the victim's mobile phone, were two independent actions of completely different natures under the control of two different subjective intentions.

When committing violent beatings, Gucci and his accomplices have no intention or purpose of robbing money. This violent act cannot be regarded as a means of Gucci's personal means of seizing other people's property.

After that, Gucci had a sudden intention to seize other people's property when he took advantage of the situation and the violent beating was over. After kicking the victim, Gucci did not continue to commit violence against the victim in order to obtain the victim's cell phone.

The victim's statement also confirmed that no one was beating him when his mobile phone was robbed. Then the public security personnel arrived, and the defendant Gucci did not resist during the escape and was arrested, and there was no case of being a converted robbery.

It can be seen that the defendant Gucci and others' intention of infringing on others' personal body was not to rob other people's property; objectively, the defendant and others did not take advantage of the opportunity of infringing on the victim's personal body to illegally forcibly possessing the property of the victim, so the defendant's behavior does not conform to the characteristics of the crime of robbery.

2. The defendant's behavior constitutes the crime of robbery.

According to Article 267 of the Criminal Law, the crime of robbery refers to the act of openly seizing a large amount of public and private property for the purpose of illegal possession and taking advantage of the inadvertent person's precaution.

According to the above provisions, the crime of robbery is to take advantage of the unpredictable situation, not to use violence, but to use force, and this kind of force only acts on the robbery, while the crime of robbery is to use violence, and directly imposes violence on the victim's body and force his body.

In this case, the defendant Gucci and his accomplices who were drinking and provoked trouble and beat the victim for no reason was not a means of Gucci seizing property; the subsequent robbery was just the defendant's intention to take away his mobile phone while the victim was unprepared, which did not meet the characteristics of robbery and should be considered as robbery.

Given that the defendant was a first offender and confessed truthfully after being arrested, the court asked to punish him with ease. The defense lawyer suggested that the defendant be probated. It was completed." After Fang Yi finished speaking, he looked at the presiding judge.

...

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