Civil | Daily figure Zhang Meng edits Wang Hui
Recently, a judgment of forensic final judgment 7 years ago detonated aviation to encircle.
The Yang Mou of the accused person of this case is institute of movie and TV of broadcast of college of Chengdu grain industry (show Sichuan medium institute) planar design is professional the student of 2009 class, in October 2010 suspend one's schooling.
Judgment shows, came on March 28, 2011 during May 19, yang Mou pretends to be standard of flight of bureau of Chinese civil aviation to manage staff member, when taking Hainan airline scheduled flight diddle unit staff trusts, carry out swindle and bluff for many times, enter plane cockpit 8 times early or late.
Offer according to Yang Mou narrate, by March 2011, he takes airliner of Hai Hang HU7822 to come by Nanjing Xi'an. The pocket before seeing his bosom grows to put by Wu before taking off one imprints have " CAAC " (bureau of Chinese civil aviation) hang a rope, ask he is the person of the civil aviation bureau, he says he is flight standard department. Later with come out to go up the pilot of the toilet chats, be able to enter cockpit, sit in observer position to descend till the plane. After this, he forged the certificate of civil aviaton total bureau and examination sheet to wait, around took sea airliner chance 7 times in all, obtain litre of cabin for many times, enter cockpit during the flight.
Till May 19, 2011, after he takes HU7822 airliner to fly to Xi'an by Nanjing, continue to follow machine fly to Shanghai from Xi'an. Change after unit member, yang Mou is discovered in chat flaw, pilot reports to the ground circumstance. After the plane flies back to Xi'an from Shanghai, yang Mou is caught inside base of sea boat Xi'an.
Court of first instance thinks, yang Mou pretends to be bureau of Chinese civil aviation for many times staff member, try to gain is special pay, diddle other property, the clue is serious, its behavior already made crime of swindle and bluff. Admit his guilt in view of Yang Mou the mood is better, can disgorge ill-gotten gains, reason is punished lightly to its lawfully, sentence a set term of imprisonment 3 years.
According to criminal law the 279th sets, blame of swindle and bluff is to point to for seek illegal profit, the identity of working personnel of sham state office or title, undertake bilk, the popular trust that damages national office reachs his the behavior of normal activity.
Yang Mou and its paraclete think measurement of penalty is overweight, put forward to appeal. On Feburary 20, 2012, xi'an city quadrangle makes (2012) on the west punishment one eventually word ruling of the 00025th criminal: Reject appeal, maintain original judgement.
Blame of Yang Mou swindle and bluff extract of book of ruling of 2 careful criminal, graph cut from net of Chinese judge copy clerk.
Be apart from this case to go already 7 years, yang Mou's paraclete, Shaanxi comes Yu Shengxiu of attorney office solicitor still thinks up to now, this case measurement of penalty is overweight.
He says, yang Mou's behavior just stems from pair of aerial to be obsessed with, want to watch real flight to drive, subjective and malign not quite; On that airliner March 28, it is to multiply Wu to grow to strike up a conversation actively, after this rises cabin for many times also is pilot, grow to put forward actively by Wu, should not maintain Yang Mou swindle and bluff.
It is the dialog of the Yu Shengxiu of counsel for the defence of daily figure and Yang Mou below:
Yang Mou does not have the subjective motive of swindle and bluff, department " curiosity kills dead cat "
Daily figure: Adjudicate a result to this representative case 7 years ago, how do you look?
Yu Shengxiu: I think Yang Mou makes crime, but not so serious, be sentenced a bit again. Come from actual result say, did not cause great harm, child curiosity, does the line on raise to the higher plane of principle do what?
He also did not endanger the motive of national security. Its exposure comes out, the possibility produces negative effect to civil aviaton, but if borrow this matter to sum up experience, can remedy this flaw instead, do not have not not be meddlesome.
What criminal law emphasizes is penalty and educational photograph are united, sentence overweightly, achieve educational goal hard. I still think this law case was not punished up to now when its blame.
Daily figure: Are you to be Yang Mou to do innocent plead at that time?
Yu Shengxiu: I am to want to save him, want to accomplish innocent or it is minor offence, at least probation, let the child can continue school work.
He installs check to go in normally from the airport every time, also oneself spend money to buy the bill of tourist class, a cabin rose after boarding the plane namely, also he does not put forward rise cabin, it is steward thinks he is a leader, rise actively to him.
He should not take national petty gain, if be to want to take this petty gain really, he himself won't buy a ticket to install check to go in. He should have this subjective intention really, he can be done a bit deeplier, a bit more comical, but he was not done so.
Daily figure: Why to maintain him to there is subjective motive?
Yu Shengxiu: For the first time he is according to civil aviaton him data of total bureau made brand of a labour, print, model is sealed, prepared the data that in covering route of civil aviaton flight, examines, pretending is civil aviaton official dark visit. He himself buys the plane on the ticket, those who buy is tourist class. He wants to look into cockpit namely.
Yang Mou did not show his labour shop sign actively to the person, just putting, want to see others see this industry card is what reaction, if react when the person never mind on the opportunity, he with respect to cease all activities.
After rising cabin, he chats with steward, say to think (cockpit) the working state that sees our air man. Contact with pilot, read industry card, document to him, pilot let him enter cockpit, chat together.
In cockpit besides skipper, deputy drive, rear the place that still has an observer, he sits to observe appearance over, chat with pilot, deputy aircraft commander, did not change pron any thing.
The CAAC that taxes the sale on treasure hangs a rope.
Daily figure: Be to multiply Wu to grow the labour shop sign that sees him to hang stringy hind to follow what he talks actively?
Yu Shengxiu: Yes, it is the asks him actively identity after steward sees he hangs out his shingle. He at that time perturbed also is in the heart, do not say to be able to be become 100 percent.
Daily figure: Why should Yang Mou pretend to be civil aviaton total bureau staff member?
Yu Shengxiu: Because he is talked in boat doctrinairism,go up to had learned very clearly, but had not taken true plane (cockpit) , also do not have the air man on method take an examination ofing to perhaps do the work that other flight concerns, he thinks of to air man has a look in true cockpit particularly is how to hold those who control an airplane, he is curious only, "Curiosity kills dead cat " .
Daily figure: Does Yang Mou use same method to pretend to be staff member of civil aviation bureau for many times later?
Yu Shengxiu: Face for the first time when deplaning, because feel Yang Mou is the leader of civil aviaton total bureau, by Wu long, pilot wants to remain a connection way. When Xi'an they still are made an appointment with have a meal together, a few people were familiar with in the course of contacts, pilot with respect to accost he, get on a plane to say with us next time, you sit which, good to moment take care of.
Opened this cut, send irremediable. He just wants to look into cockpit originally, result savor benefit, knew pilot, steward to go to the lavatory.
He has lent the money of pilot, deputy aircraft commander, steward, the family borrows him, he also was returned. When he was caught finally, the money of somebody still does not have there's still time to return.
Daily figure: Why can he look for pilot, steward to lend money?
Yu Shengxiu: Run in disorder everywhere after his suspend one's schooling, often follow money wants in the home. He becomes pilot, steward friend, the family also becomes him friend, the friend lends money with the friend, this is very normal.
Daily figure: Is he final how be discovered?
Yu Shengxiu: That airliner May 19 is another pilot hold fly, adepter, yang Mou says when chat not quite rely on chart, he listened to feel incorrect, discover a problem.
Either start at the beginning oppose skyjacking mechanism, because Yang Mou did not take contraband, there still is security personnel on the plane. After chatting, Yang Mou answers first-class stateroom cabin to sitting, pilot says with the ground, controlled him to the ground, plane hind was caught by public security directly below. Civil aviaton respect feels this circumstance makes a person fear after the event, it is far from actually so return a responsibility.
The pilot testimony in judgment, graph cut from net of Chinese judge copy clerk.
Yang Mou can rise cabin, it is the result of timeserving, the lawyer discloses: The Ceng Yin before Yang Mou case is sent gets minatory suspend one's schooling without losing one's status as a student
Daily figure: Most when beginning to know details of a case, how do you think?
Yu Shengxiu: Why can he rise cabin? If do not have a person to offer advantage to him, he rises cabin impossibly casually. This is the result of timeserving, it is the result of social twist, call a child to assume, appropriate?
Although he shows labour shop sign, what he buys is tourist class originally, why should you rise cabin to him? Can appear such circumstance, the management that is civil aviaton has a problem, and the scum of our tradition culture is in effective.
Daily figure: What are you to the first impression of Yang Mou?
Yu Shengxiu: At that time is his mother comes via friend introduction precatory, after seeing records, I and Yang Mou undertook interviewing. I am very deep to the impression that interviews this. Yang Mou is very clever, call him even " talent " . He is very creative, have the drive that study very much, it is such to a lot of things, want him to be interested only, he is met ground of do one's best is studied, intention degree exceeds an ordinary person to imagine.
Daily figure: Is you are in and this experienced in the process of his talk?
Yu Shengxiu: Not only it is a talk, from this his case, still have the description of his family member, I reached this conclusion, yang Mou can say is one of my cleverest in these criminal people.
Yang Mou loves aviation particularly. The aviation term that average person does not understand, for instance " ground mark identifies " etc, he understands very clearly, very professional, calculate and true air man communication also can be considered as adept. Net of official of total bureau of the civil aviaton on him sees duty of orgnaization setting, branch, got data of a certificate according to these circumstances, can let unit staff believe.
Daily figure: The expression when careful of Yang Mou front courtyard how?
Yu Shengxiu: Very quiet, insipid, he knows he makes an issue, but it how handle him is not clear also to how handle him. He still is a child, just go up big 2, very few still to the legal acknowledge, understanding to the society.
Daily figure: What manner are parents and school to this thing?
Yu Shengxiu: Parents thinks this is very absurd thing, yang Mou does not learn well, say to go out to travel with the classmate every day, the result is such. I did not contact school respect actively, wanting not to tell the school at that time, give him keep one's name on the books as far as possible.
Daily figure: Why is he met suspend one's schooling?
Yu Shengxiu: He gets in the school the menace of others, school somebody bullies him, he had psychogenic disorder, do not want to go to the school, want evasive, dealt with suspend one's schooling 2010 then.
He is this job gave during suspend one's schooling, otherwise he waits for a semester to continued to go to school again, hougang is firm in those days 20, very regrettablly ah.
Daily figure: Is his disposition how?
Yu Shengxiu: He does not have the expression with cranky what. The likelihood is in his growing process, emphasize blindly learning in the home, defective to the education of other side, the disposition that makes his neither one complete.
Hind of suspend one's schooling rambles why everywhere, go treating a girlfriend today, will look for a classmate to play tomorrow, parents also is in charge of. big not by father, he comes home to also not be with parents on a channel.
Blame of Yang Mou swindle and bluff extract of book of ruling of 2 careful criminal, graph cut from net of Chinese judge copy clerk.
Feel for Yang Mou regrettablly, after 2 careful maintain original judgement, also had not been contacted again
Daily figure: Does your representative pass the case of other swindle and bluff?
Yu Shengxiu: Have of course, other defendant are subjective and intended, it is to want to acquire an interest through pretending to be others. Yang Mou is not, he himself buys the plane on the ticket, he also did not want to rise cabin, he is not to think seek what money.
Daily figure: How do you view the action that he enters cockpit this kind?
Yu Shengxiu: He did not endanger national security, cannot think with our subjective understanding or judgement of after the event. Law is to want subjective unite with objective look, it is unscientific that the subjective understanding after act will judge a case, it is inequitable to party.
Daily figure: Do you feel for him regrettablly? Yu Shengxiu: It is him for certain regrettablly, so good child, if had developed toward other side, guide well in the home model, it is a very outstanding person.
After this accident is unripe, civil aviaton thinks over for certain, repair a few flaw. I feel to regard their supervisor as Yang Mou, use well rise, search look for aviation there still is what chance to be able to be gotten in the system, help solve a problem.
Daily figure: Were you contacted now?
Yu Shengxiu: After first instance, feel to be sentenced overweightly in his home, help them appeal again, original judgement still is maintained after 2 careful, also did not contact again. I these year also did not see Yang Mou again, he comes out to also was not contacted with me from the jail after 3 years.
