This morning, in Hui Dong forensic second instance sentences front courtyard to made public open a court session to try a refus not to carry out adjudicative a criminal case. The Yang Mou of person of two the accused of experience case auspicious, Yang Mou Ling concerns for husband and wife, sentence 2 people of the accused person to repay to accuser lawfully in the court 2.8 million yuan hind refus nonperformance law is voluntary, conceal belongings circumstance to be engaged in running an activity. Be not carried out to adjudicate the blame sentences marital set term of imprisonment one year with refus on the court by Hui Dong court set term of imprisonment of 6 months, wife a year, probation a year. Mix for effect of careful of aggrandizement front courtyard the grumous atmosphere that builds blow refus not to carry out become effective to adjudicate, still invited reporter of much home media to undertake whole journey covers a report.
It is reported, wang Tian (alias) tell 2 people of husband and wife Yang Mou auspicious, the civilian leasehold dispute of Yang Mou Ling one case adjudicated in April 2014 and become effective, 2 people of adjudicative eventuate husband and wife answer to add refund to accuser king 2.8 million yuan. 2 people of some auspicious husband and wife fulfill Dan Yang not self-consciously, accuser applies for to be carried out compulsively then. Because of husband and wife 2 people refus does not declare belongings, be decided to detain 15 days by Hui Dong court, but 2 people still do not implement court decision of forensic become effective. In this case after at a stand, executive bureau of Hui Dong court did not quit the executive job of this case, run at bank, car the unit such as tubal place inquires husband and wife ceaselessly 2 people belongings.
2017, according to the clue that accuser provides, executive policemen inquires Yang Mou at market supervisory management board auspicious registration book Ling of company of travel of a car, Yang Mou holds the position of some fair judicatory decides commissarial fact, suspect 2 people are paid return ability and refus nonperformance law is voluntary, executive bureau with Yang Mou auspicious 2 people are suspected of forming refus not to carry out adjudicative blame to deliver the case put on record of public security mechanism investigate. At the beginning of 2018, yang Mou auspicious be captured, because Yang Mou Ling is pregnant by await trial of be bailed out.
Via finding out, yang Mou auspicious outside going except registration book car, still lie fallow at one is being managed by 2015 public place of entertainment, pay bail and rent in all more than yuan 220 thousand, during, yang Mou auspicious the bank card that is use other is engaged in running an activity. Ling of wife Yang Mou ran shop of life of a hairdressing 2016, registered 2017 establish a commodity inn. 2 people of husband and wife used other name to buy with 140 thousand yuan price brand-new masses sedan, mortgage a paragraph every months to give another person by a song-and-dance duet popular in the Northeast of husband and wife, with other name reimbursement.
Cognizance of Hui Dong court thinks, yang Mou of the accused person auspicious, Yang Mou Ling conceals belongings intentionally after forensic court decision produces legal effectiveness and reject report property, be adopted by the court after coercive measures still nonperformance, belong to capable to fulfill and refus is not carried out, the clue is serious, its behavior forms refus not to carry out adjudicative blame. Be in lactation now in view of Yang Mou Ling, and after bringing to justice, admit his guilt, lawfully applicably probation. Do not carry out adjudicative blame finally to sentence Yang Mou with refus auspicious set term of imprisonment a year 6 months, yang Mou Ling set term of imprisonment a year, probation a year.
Judge view: Basis " criminal law of People's Republic of China " the 313rd the first section provision: The court decision to people court, ruling is capable to carry out and refus is not carried out, the clue is serious, handle battle of 3 years of the following set term of imprisonments, arrest or fine; The clue is particularly serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold. Refus does not carry out blame of court decision, ruling is the edge tool that hits baleful avoid to carry out, it is reported Hui Dong court already moved to mechanism of local public security this year send this kinds of case 7, increase become effective of blow refus nonperformance to adjudicate the strength of behavior.
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