In recent years, instalment perhaps buys a car secondhand the person of mortgage vehicle is increasing, debt car once exceed the time limit, these car make certain person key point likely medium " prey " . Recently, henan province permits prosperous city intermediate court knot of 2 careful careful receives car proposal illegally together, zhao Mou 10 " 90 hind " the youth is sentenced because of provoke affray blame respectively 6 years 6 months come one year 9 months differ term of imprisonment, be in with fine, confiscate commit the crime illegal earning of tool, pursue and wipe out.
Since 2017, the 10 people such as Zhao Mou often get together is together, use a network to delay take the business, to countrywide each district car of reimbursement of a few exceed the time limit undertakes force stops a car. They use screen of trailer, signal implement, the tool such as GPS positioner, use purloin, control person freedom, forcibly the method such as loot car key, for many times the illegal crime activity such as affray of organically executive provoke.
June 2018, public security mechanism moves this case send procuratorate of long arrowroot city to examine sue. On August 28, this courtyard to sue of court of justice of Xiang Changge town. On November 7, open a court session of court of justice of long arrowroot town hears this case. Cognizance hind thinks, the 10 people such as some are Zhao of the accused person get illegal benefit, take by force for many times extortionary perhaps take up other property, the clue is serious, cause abominable society effect, its behavior already all made provoke affray crime. Among them other of some get together of Zhao of the accused person carries out afore-mentioned behavior for many times, play havoc with social order. The 10 man-made such as Zhao Mou of the accused person become abominable society to affect, order of serious disturbed society, and be engaged in technically to carry out crime to comprise " stop a car illegally " the relatively fixed crime organization of behavior, belong to group of vicious power crime.
Of the same age on December 28, court of justice of long arrowroot town makes first instance adjudicate, zhao Mou of person of cognizance the accused is the first member of guilty group, person of 6 the accused is prime culprit, 3 the accused are factitious and accessary criminal, combine case fact and legal provision, integrated consideration commits a crime already abortive, injure consequence and the accused person honest, admit one's guilt contrition, confess one's crime after waiting for all sorts of clues, give discriminative measurement of penalty.
After first instance is adjudged, the person of 9 the accused such as Zhao Mou does not make crime with its behavior, form " vicious power group " cognizance fact mistake, sequestered car should give lawfully give back for, to the city that make prosperous intermediate court puts forward to appeal.
The city that make prosperous thinks after intermediate court cognizance, adjudicate measurement of penalty is proper formerly, made then reject the appeal, final judgment ruling that maintains original judgement. (Liu of procuratorial work daily establishs new Liu red star)
