Original title: Pull a banner to spill paint 8 people form a delegation " demand repayment " be maintained to be vicious power gang
The business compensate that professes to cooperate money, the man incites subordinate to cooperate to a few respectively business " demand repayment " . "Demand repayment " means from play a banner, come to be annoyed spill paint, spill derv, grow in intensity, be maintained finally to be vicious power gang, the impulsive act that all is oneself paid price.
8 people are parted to sentence a set term of imprisonment 5 years by court of district of Xi'an city Chang'an 3 months come 2 years 10 months differ.
8 people gang for many times affray obtains penalty eventually
Yesterday, the policeman that participates in detect to do this to have a case, inquisitor and judge told about the cause and effect of the case to the reporter, hope to lend this the different cognizance level to gang of group of crime of organization of property of gangdom of citizen popular science, vicious power, vicious power.
Yue Jiantang of policeman of group of gumshoe of substation of spaceflight of Xi'an city public security bureau introduces, armour of Hu Mou of person of this case the accused is in cupreous plain city to establish one coal company, person of 7 the accused is the others this company staff. On June 30, 2016 midday, classics and Hu Mou armour beforehand plot beforehand, second of Hu Mou of the accused person, Bai Mou jades, Yang Mou, Tai Mou army, Li Mou is climbed, Zhang Mou (have Lin Wei of one person Peng Mou additionally " counsellor " , be in charge of going out seek a plan to did not arrive the spot) , drive to the dining-room of worker of some new energy company that is located in road of Chang'an area flying Apsaras, by Hu Mou armour drives reinforce, yang Mou lets in fresh air, li Mou is climbed take a picture, kinescope, bai Mou jades, Tai Mou army, Zhang Mou starts work to derv of douse of this dining-room ground. During, tai Mou army and the benefit of cafeteria employee Zhang Mou that come round to check produce brawl, spill partial derv to the body of Zhang Mou benefit.
Gang of this vicious power " weak force " affray obtains punishment
After case happening, public security mechanism seizes 8 people with one action subsequently, hire abode to ransack to forge seal to 8 in Hu Mou armour. Police is found out, this 8 people rise from April 2016, already used similar measure to narrate company launch an attack up for many times, ever reached company legal person to entrance door of this company glass, all car derv of the douse on the spray paint on all car, ground, send minatory short message to this company legal person, still be suspected of using come to annoy, the means that blocks the door up to other two people are extortionate debt of a huge sum. Ceng Zaiyi of person of a few the accused makes a bed on the floor at the door victim home lived full a week. Procuratorate of area of Xi'an city Chang'an commits blackmail blame, provoke affray crime with this 8 people subsequently, forge national office seal, forge blame of company business seal, sue its Chang'an district court.
The court is not worth the blackmail pain that did not recognize to lodge a complaint of procuratorial work mechanism because of evidence, final on October 23, 2018, with Hu Mou armour commits provoke affray crime, forge national office seal, forge company business seal to the blame counts a blame and be punished, sentence its set term of imprisonment 5 years 3 months, the others 6 people (await trial of be bailed out of 1 person midway) commit provoke affray crime, sentence a set term of imprisonment 3 years 4 months come 2 years 10 months differ.
Vicious power gang is maintained how treat these condition
Yesterday, procuratorial work of procuratorate of area of this case public prosecutor, Chang'an member Li Gong introduced Hu Mou armour a few times 3 times to the reporter the reason of launch an attack of company of Xiang Mou new energy. As we have learned, hu Mou armour claims his company early days and new energy company have collaboration, oneself ever were filled up endowment millions yuan RMB, need 5 million yuan to demand repayment to this company so. But afore-mentioned views, its did not take out any evidence to try evidence.
This case advocate Hao Hairong of careful judge, Chang'an court judge introduced this case handle a case characteristic, why be maintained to be to this case mainly " vicious power gang " case, made define.
Spot of front courtyard careful
According to introducing, have the organization of following scenario, ought to maintain namely for " vicious power " : Often get together is together, with violent, minatory other perhaps measure, in particular area illegal crime activity perhaps is carried out for many times inside the industry, to be not do evil, common people of bully and oppress, order of life of disturbed economy, society, cause relatively abominable society effect, but the illegal crime organization that has not form gangdom property to organize. Vicious power is 3 people above commonly, get together person relatively fixed, illegal crime activity basically trades to force, imprison intended harm, illegally, destroy property blackmail, intentionally, gather a crowd affray of affray, provoke, accompany possibly still at the same time carry out open gambling house, organization to walk the street, force to walk the street, traffic drugs, carriage drugs, production drugs, rob, loot, gather a crowd disturbed society order, gather a crowd disturbed public order, traffic order and gather a crowd " beating " etc.
In this case, the guilty fact of the 5 provoke affray that armour of Hu Mou of person of the accused of accusation of public prosecution mechanism organizes person of Hu Mou second grade to carry out holds water, what its have an organization is mobbish, pester, fool be troubled by disturbed some new energy company produces life order normally, the personnel when carrying out illegal criminality every time is relatively fixed, main get together person for Hu Mou armour, and 3 people above all is when be engaged in violating crime every time, abominable effect is caused in place, already formed vicious power truly.
Occupy the introduction additionally, group of vicious power crime is to point to accord with guilty group the organization of vicious power crime of statutory requirement, is its properties: now? The constituent member of? renown above, have apparent first member, important member is relatively fixed, the member that organize often get together is together, implement above vicious power intentionally 3 times jointly customary executive guilty activity is other perhaps guilty activity. Gangdom property organizes identify formula to should be had at the same time " criminal law " of the 294th the 5th regulation in the paragraph " constituent feature " " economic feature " " behavior characteristic " and " harm sex feature " 4 features.
(Metropolis Daily of 3 the Qin Dynasty)
