Xiao Tong's indictment of "Xiao Tong's triad-related case" (abstract)

Defendant Xiao Tong, male, born in March, 3 1. 0973, Han nationality, college education, from Yangtuosi Village, Beicheng Office, Yanhu District, Yuncheng City, was originally the head of the driving school section of the Road Transportation Management Office of Yuncheng City Transportation Bureau. 1995 1.25 was sentenced to fixed-term imprisonment by the former Yuncheng Intermediate People's Court for intentional injury, and 1997 was reduced to 8 years' imprisonment on August 20th. 1October 5 1998 65438 was sentenced to parole by the former Yuncheng Intermediate People's Court, and the probation period was until. On July 23rd, 20 10, with the approval of Yuncheng People's Procuratorate, he was arrested on suspicion of intentional injury.

Defendant Lu Baofeng, also known as Lu Yufeng and Lu Feng, male,1born on May 5, 979, Han nationality, junior high school education, born in Xiaoqu Village, Longju Town, Yanhu District, Yuncheng City, unemployed. On April 8, 20 10, 18 was criminally detained by Yuncheng Public Security Bureau on suspicion of intentional injury, and was arrested according to law with the approval of Yuncheng People's Procuratorate on May 20 of the same year.

Defendant Ye Zhijun, male, born on February 2, 1972, has a primary school education, is a villager in Anyi Office, Yanhu District, Yuncheng City, and is unemployed. 1995 1.25 was sentenced to 6 years' imprisonment by the former Yuncheng Intermediate People's Court for intentional injury and theft, and 1997 was released on June 6. 20 10 was criminally detained by Yuncheng public security bureau on September 30th on suspicion of illegally storing guns. 20 10, 10, 18 On June 30th, with the approval of Yuncheng People's Procuratorate, they were arrested according to law on suspicion of illegal possession and illegal sale of guns.

Defendant Ma, male, born on126, Han nationality, junior high school education, from Yanhu District, Yuncheng City, unemployed. On July 5, 2003, he was forced to give up drugs for 6 months by Salt Lake Branch of Yuncheng Public Security Bureau. 20 10 July, 1 was criminally detained by Yuncheng Public Security Bureau on suspicion of intentional injury, and was arrested according to law with the approval of Yuncheng People's Procuratorate on July 23rd of the same year.

Defendant Zhang Tao, male, born on September 20th, 198 1, Han nationality, with junior high school education, was a native of Yanhu District, Yuncheng City, and worked as a temporary worker in the road transportation management office of Yuncheng City Transportation Bureau. 20 10 year 10 on October 20th, 65438 was criminally detained by Shunyi Branch of Beijing Public Security Bureau; 20 10 year122 October, 65438 was criminally detained by Yuncheng public security bureau for arson and provocation; He was detained by Yuncheng Public Security Bureau on1October 9, 20 1 1 65438.

Defendant Shao, also known as Mrs. Shao, male,1born on April 28th, 983, Han nationality, junior high school education, native of Chen Xi Village, Guoshang Township, Yanhu District, Yuncheng City, was a temporary worker in the Road Transportation Management Office of Yuncheng City Transportation Bureau. 20 10 was criminally detained by Yuncheng public security bureau on September 30 on suspicion of illegally storing guns. On June 8, 20 10, he was arrested according to law with the approval of Yuncheng People's Procuratorate.

Defendant Zhao Wei, male, born on August 1976, Han nationality, with technical secondary school education, is a native of Linyi County, and was originally an employee of the Road Transportation Management Office of Yuncheng City Transportation Bureau. 20 10 was criminally detained by Yuncheng public security bureau on July 7th on suspicion of illegal possession of drugs, and was arrested on August 6th on suspicion of transporting drugs with the approval of Yuncheng people's procuratorate.

Defendant Zhang Junbing, male, born on June 1977 1654381October1day, Han nationality, junior high school education, from Salt Lake District of Yuncheng City, was originally an employee of Yuncheng Water Supply Company. 20 10 was criminally detained by Yuncheng public security bureau on July 7th on suspicion of illegal drug possession, and was arrested on August 6th on suspicion of illegal drug transportation with the approval of Yuncheng people's procuratorate.

Defendant Shao Heng, male, born in197113, Han nationality, with high school education, is a native of Yanhu District, Yuncheng City, and was originally an employee of Yuncheng Urban Construction Bureau. On July 20 10, 1 was released on bail pending trial by Yuncheng Public Security Bureau on suspicion of gambling1October 20165438+7,201,2 1.

The case was investigated by Yuncheng Public Security Bureau and the Anti-Corruption and Bribery Bureau of Yuncheng People's Procuratorate respectively, and the defendants, Lu Baofeng, Ye Zhijun, Ma, Shao,, Zhang Junbing, were suspected of organizing, leading, participating in underworld organizations, accepting bribes, intentional injury, illegal possession, trading, storage of guns and ammunition, and trafficking and transporting drugs. After accepting the case, Yuncheng People's Procuratorate interrogated the defendant according to law, informed him that he had the right to entrust a defender, and read all the files. Due to some unclear facts and insufficient evidence, it was returned to the investigation organ (office) twice for supplementary investigation on March 20th 1 1 1 1. 20 1 1 April11day, after the investigation organ (department) makes up the investigation, it will be submitted for review again.

According to this law, it is hereby determined that:

19951On October 25th, the defendant Xiao Tong was sentenced to fixed-term imprisonment of 10 years by the former Yuncheng Intermediate People's Court, which was later changed to 8 years. 10 was released on parole on October 22nd. During the probation period, he was transferred to the Road Transportation Management Office of Yuncheng Municipal Transportation Bureau (formerly the Road Management Office of Yuncheng Regional Transportation Bureau) and worked in the organs and driving schools successively, becoming a national staff member. In the meantime, the defendant Xiao Tong illegally possessed four shotguns illegally purchased during the period of 199 1 year; Defendants Shao, Ye Zhijun, Zhang Junbing, Ma, Lu Baofeng and others gathered in a private room in Yuncheng City to take drugs; Defendant Xiao Tong, after serving as the chief of the driving school section of the Road Management Office of Yuncheng Municipal Transportation Bureau, used his powers to ask the person in charge of driving school in Yuncheng City for huge sums of money and illegally controlled the operation of driving school industry; Lending usury and opening casinos to illegally collect money; Directed by the defendant Xiao Tong, the criminal group successively carried out illegal and criminal activities, such as illegal trading, possession of guns and ammunition, affray, transporting and selling drugs, raping women, repeatedly injuring others with guns and weapons, retaliating against the burning of residents' gatehouses, and gathering people to intervene in disputes, thus dominating one party and seriously disrupting social order.

First, accepting bribes

From April 15 to April/20 10, 2005, Xiao Tong, the defendant, took advantage of his position as the head of the driving school section of the Road Transportation Management Office of Yuncheng Municipal Transportation Bureau, and used such means as pushing and dragging, not issuing training record cards, and not allowing drivers to take the qualification examination, explicitly or implicitly accepting cash of 2 1527600 from the heads of driving schools within his jurisdiction. Defendant Xiao Tong used the proceeds of his crime to buy three houses in Beijing in the name of others, and made huge profits by lending at high interest rate. After the incident, the proceeds and fruits of the crime were recovered 1.205438+0.6585 million yuan, and 3 houses were sealed up.

Second, intentional homicide (attempted) and intentional injury

199965438+February 3 1 night, the defendant, together with the defendants Ma, Shi Yongchang and Xu Junhui (handled separately), attempted to rob an ancient tomb in Yuanqu County. At about 1 the next morning, six people arrived at the entrance of Wulong Building in Yuanqu. When the defendant registered for accommodation, he had an argument with Wang Moumou and fought. When the defendant walked out of the registration hall, he found that Wang and his colleague Wang had chased him out and shouted "Copy the guy". Defendant Ma took out four shotguns from the trunk of his car. The defendant, Ma and Shi Yongchang each held five shotguns. Xu Jun held a double-barreled shotgun and fired at the chasing Wang Moumou and Wang Mou continuously, causing Wang Moumou and Wang Mou to continue shooting after falling to the ground, and then fled the scene by car. After forensic identification: the physical injury of the victim Wang Moumou constitutes a serious injury to the human body and a nine-level disability; The physical injury of the victim Wang constitutes a minor injury to the human body. After the defendants, Ma, Shi Yongchang and Xu Junhui fled to the intersection of Jiezhou Office in Yanhu District, the defendant called (handled separately), drove four people to Sanmenxia to escape, and hid the guns involved in the case in their home, and was taken away by the defendant six months later.

In April 2002, the defendant was dissatisfied with Yan, the director of the office in charge of verification, and waited for revenge. One day in June+10 of the same year, the defendant instructed the defendant Ye Zhijun to gather Huangfu (handled separately) and Nan Yan (handled separately) to punch and kick Yan on his way to work. At about 8 o'clock on April 20th, 2003/KLOC-0, the defendant found that Yan was having dinner with others in a hotel in Hedong Square night market, so he contacted by phone (handled separately) and arranged for,,,, Nan Yan and others to go to the night market. The defendant left immediately after identifying Yan. Huangfu rushed into the hotel with a kitchen knife, chopped several knives at Yan Lian, who was facing the store door, and fled the scene. After forensic identification, the victim Yan was slightly injured in the back and arm. Afterwards, the defendant Xiao Tong gave Huangfu and others 2000 yuan as a "reward".

In August and September, 2006, the defendant Lu Baofeng held a grudge against Xiangmou for injuring his calf and opening a casino, waiting for revenge. At 4 o'clock in the afternoon of June, 5438 +654381October +20061October, the defendants Lu Baofeng rallied, Xiang Chunchao and Duan (three people were dealt with separately) and plotted to maim Duan's leg. At 9 o'clock that night, defendant Lu Baofeng arranged for Chunchao and Duan to drive Santana car with 1 five shotguns and 1 steel ball guns, while defendants Lu Baofeng, Yue Jiang (handled separately) took the Buick car they were driving. Walking to the vicinity of the Yellow River Auto Parts City in the northern suburb of Salt Lake District, the defendant Lu Baofeng fled to Hejin under the pretext of getting off the bus, creating the illusion that he was not involved in the crime, and arranged for Yue to carry out the act without harming Xiang Chunchao and Duan. At 6:5438+00 pm, Xiang Chunchao, Duan, Yue Jiang and others drove to the hotel where Xiang Chunchao stayed, and Duan and Xiang Chunchao entered Xiang Chunchao's room. Xiang Chunchao pointed a steel ball gun at Xiang's head. Duan used five shotguns to shoot three times at the lower limbs lying on his back and fled the scene. Forensic identification: the victim was seriously injured in a certain body. Afterwards, compensation to Chunchao and Duan was 50,000 yuan in cash. Defendant Lu Baofeng invested RMB 500,000.00 Yuan to entrust Defendant Xiao Tong to make a settlement.

Three. Illegal sale and possession of guns

199 1 one day, the defendant Xiao Tong passed by Shen Zhixue (dead) and bought two five-shot shotguns and 1 seven-shot shotguns for 5,000 yuan, asking Shen Zhixue for the 1 double-barrel shotguns whose barrels and butt were sawn short. After that, three of the shotguns were stored in the defendant Ye Zhijun's home for many times, and the double-barrel shotguns were put in the trunk of the car or hidden in the hotel room chartered by him. The gun was seized by the public security organ when it was used in Liu Feng (sentenced). Later, the defendant Xiao Tong learned that Ye Zhijun was addicted to drugs and was afraid that he would trade his shotgun for drugs. June 5438+October 2008 10, he gave two five-shot shotguns to the defendant Shao for safekeeping. Defendant Shao wrapped the gun and buried it in his own land, and collected it after the incident.

On June 5438+ 10, 2008, the defendant Ye Zhijun was in urgent need of money, so he mortgaged 1 7 of the defendant's three shotguns, together with five 12 shotguns, to Zhao Yingfeng (prosecuted separately) through Wei, and obtained 22,000 yuan in cash for a week. A week later, the defendant Ye Zhijun failed to redeem the gun, and Wei increased the price by 4,500 yuan and sold the gun to Zhao Yingfeng for 26,500 yuan (prosecuted separately). Zhao sold the gun to (handled separately) at a price increase of 3000 yuan. After the incident, Sun Xiaohua's relatives turned over the guns to the public security organs.

On the night of June 5438+February 65438+July 2006, Wang Zhenmin (dead) took part in a fight in Nanfeng Square with a 1 double-barreled shotgun, fired two shots into the air with him, and handed the double-barreled shotgun to Chai Zhenjiang on the way to escape from the scene (prosecuted separately). On August 10, the defendant Chai Zhenjiang was persuaded by Joe to hand over his gun.

On May 5, 20 10, when the public security organ searched the residence of the defendant Zhao Wei according to law, it seized 64 bullets 10 in his desk drawer.

Fourth, gathering people to fight.

On the evening of June 5438+February 65438+July 30, 2006, the defendant Xiao Tong had an argument with the club foreman in Nanfeng Square "Hot Dance Club". When the club security guard pushed the boy out of the club gate, the two sides tore. Defendant Zhang Tao took out a machete from the trunk of the defendant's car and rushed into the club, where he fought with several club security guards armed with steel pipes and sticks. At the same time, the defendant called Joe (handled separately) and (dead) to tell them that they were beaten by security guards in the nightclub and asked Joe and Wang to come over. After receiving the call, Joe called Zhao and others to a teahouse casino in Nanfeng Square. Defendants Shao Heng, Wang Zhenmin, Chai Zhenjiang (handled separately) and others rushed to the scene from other places. In the fight, the security guard at the nightclub will knock Zhao down. Defendant Xiao Tong fled back to a hotel room he rented. Defendant Shao went to the hotel to visit the defendant after hearing the news. According to Mix's arrangement, he went to Nanfeng Square. On the way, he gathered many people and met Joe and others in Nanfeng Square. At this time, dozens of people gathered in Nanfeng Square. Defendant Shao bought a shovel and distributed it to everyone, hoping to fight with the people in the dance club. Seeing that Zhang, the owner of the dance club, drove away alone, he chased the vehicle driven by Zhang with a shovel and other things. Wang Zhenmin fired two shots into the air with a double-barreled shotgun. After the public security personnel arrived at the scene, the participants fled the scene. In the next few days, the defendant Xiao Tong also arranged several people to spy on the relevant personnel of the dance club for revenge.

Verb (short for verb) Open a casino.

In September 2007, Defendants Xiao Tong and Lu Baofeng agreed that Defendants Lu Baofeng and Xu Hongan (handled separately) would open a "live baccarat" casino in a hotel in Jishan County. Defendant Xiao Tong invested 654.38 million yuan in the casino, while Defendants Shao Heng and Yue Yulong were responsible for financial management. Defendants Lu Maogong and Zheng Zhaojun (handled separately) closed the casino after more than one month of operation. The defendant made a profit of 60,000 yuan, the defendant made a profit of 30,000 yuan, Joe made a profit of 1 10,000 yuan, Xu Hongan made a profit of 4,000 yuan, Yue Yulong made a profit of 800 yuan, Lv Maogong made a profit of 3,500 yuan and Zheng Zhaojun made a profit of 7,000 yuan.

Six, allowing others to take drugs and transport and sell drugs.

One day in 2006, when the defendants, Zhang Junbing and others were playing in Luoyang, Henan Province, Luoyang Renshi (handled separately) entertained many times to take ephedrine drugs in karaoke bars and bathing centers in Luoyang City, and arranged to stay overnight. After returning to Yuncheng, the defendant entrusted Shi to contact drug dealers in Luoyang to buy drugs. In the chartered hotel room, in addition to taking drugs himself, the defendants Shao, Zhang Junbing, Ye Zhijun, Liu Feng, Qiao and Ji 'anbao were allowed to take drugs many times (handled separately).

From 2006 to 2009, the defendant contacted Shi for matchmaking five times, arranged for the defendant, Zhang Junbing and Liu Feng to hand over the money to the drug dealer contacted by Shi in Luoyang, and transported more than 500 tablets of ephedrine back to Yuncheng for the defendant to take.

One day in the winter of 2009, the defendant Ma sold 0.2 grams of "ice" to Xie Guangmin, from which he profited from 50 yuan. On June 26th, 20 10, the defendant Ma bought 4.64 grams of "ice poison" from Chengdu, Sichuan for 3,500 yuan, and was caught red-handed when he returned to Yuncheng to trade with Xie Guangmin.

When the public security organs arrested Shi, they seized four tablets of ephedrine from his personal belongings. It has been identified that the main components of ephedrine are methamphetamine and caffeine controlled by the state, each weighing about 0.0925g..

Seven. rape

199 1 year165438+1On the evening of October 23rd, the defendant instructed and Liu Jiang to cheat Cai, a female student from a secondary school in Yuncheng, to her family's home in Wujiaohua, and the defendant forced Cai to commit adultery. 1one day in March, 992, the defendant instructed (handled separately) to cheat Cai to the photo studio he operated, and the child raped Cai in the bedroom.

Eight, gather people to intervene in disputes

In 2006, an automobile school in Yuncheng was blocked by local people during the construction of an automobile company's project, and Chen Mou, the principal of the automobile school, found the defendant Xiao Tong to solve it. Defendants Shao, Liu Feng, Zhang Junbing and others were arranged to gather nearly 100 people, dressed in uniform work clothes and construction tools, pretending to be construction workers, and gathered at the construction site for two days to push and pull those who obstructed the construction. Afterwards, Chen Mou gave the defendant 20,000 yuan, and the defendant gave Shao, Liu Feng and Zhang Junbing 8,000 yuan as a reward.

Nine, anger and revenge

From June 5438 to February 2006, the defendant found that his wife and Qu had frequent text messages, suspected that their relationship was abnormal, and had the idea of revenge. So she instructed the defendant Zhang Tao to take revenge. In the early morning of June 5438+February 65438+July, this film gathered Yue Yulong (handled separately), Wang Zhenbiao (handled separately) and others, and went to Qu after buying gasoline.

The evidence to identify the above facts includes the victim's statement, the defendant's confession and defense, witness testimony, physical evidence, documentary evidence, on-site investigation transcripts, expert conclusion, etc.

Yuncheng People's Procuratorate believes that the defendant Xiao Tong took advantage of his position to ask for huge bribes and seek benefits for others, and organized and led many people to carry out various illegal and criminal activities many times, which violated the provisions of Articles 294, 385, 386, 232, paragraph 1, paragraph 5, 234, paragraph 1 and 292, paragraph 4 of the Criminal Law of People's Republic of China (PRC). Articles 354, 125, 112 and the first paragraph of Article 139 of the Criminal Law of People's Republic of China (PRC) (1979) should be recognized as crimes of organizing and leading underworld organizations, accepting bribes, intentional homicide (attempted), intentional injury, stirring up trouble, opening casinos, transporting drugs, hosts of others, and illegal possession of guns.

Defendants Lu Baofeng, Ye Zhijun, Ma, Shao,,, Zhang Junbing participated in organized criminal activities many times, which caused serious harm. His behavior violated the provisions of the first and fifth paragraphs of Article 294 of the Criminal Law of People's Republic of China (PRC), and he should be investigated for criminal responsibility for the crime of participating in underworld organizations.

Defendants Lu Baofeng and Ma both violated the provisions of Article 234 of the Criminal Law of People's Republic of China (PRC), and should be investigated for criminal responsibility for intentional injury. The defendant's act of injuring others with a gun violated the provisions of Article 232 of the Criminal Law of People's Republic of China (PRC), and should be investigated for criminal responsibility for intentional homicide (attempted homicide).

Defendants Lu Baofeng and Shao Heng opened casinos for profit, which violated the provisions of the second paragraph of Article 303 of the Criminal Law of People's Republic of China (PRC), and should be investigated for criminal responsibility for the crime of opening casinos.

Defendant Ye Zhijun's illegal possession and sale of guns, and defendant Shao's illegal possession of guns violated the provisions of the second paragraph of Article 125 and the first paragraph of Article 128 of the Criminal Law of People's Republic of China (PRC) respectively, and should be investigated for criminal responsibility for the crimes of illegal sale and purchase of guns and illegal possession of guns respectively.

The defendants Ma, Zhang Junbing knowingly transported drugs, which violated the provisions of the third paragraph of Article 347 of the Criminal Law of People's Republic of China (PRC), and should be investigated for criminal responsibility for the crime of transporting drugs.

The defendant and Shao participated in affray, which violated the provisions of Item 2 and Item 4 of Article 292 of the Criminal Law of People's Republic of China (PRC), and should be investigated for criminal responsibility for affray.

Defendant Xiao Tong committed another crime within the probation period of parole. Defendants, Lu Baofeng, Ye Zhijun, Ma, Shao, Zhang Junbing all committed several crimes. According to Articles 69, 71 and 86 of the Criminal Law of People's Republic of China (PRC), several crimes should be punished together.

The defendant's and Ma's actions of hurting others belong to attempted intentional homicide, but their subjective viciousness is deep, the criminal circumstances are bad, and the means are cruel, so they cannot be given a lighter punishment according to law.

The facts of this case are clear and the evidence is indeed sufficient. According to Article 141 of the Criminal Law of People's Republic of China (PRC), those who file a public prosecution shall be punished according to law.