"Do you know the victim, Gao Gang (the man who called)?" The inspector continued.

"I don't know." Gucci shook his head.

"Who made the first move at the time of the crime?" The prosecutor directly skipped the reason and motive of the defendant's action and asked.

"It's Hao Dayuan, he said that he can put the other party down in one minute." Gucci followed the inspector's questioning and said.

"What did you do?" The inspector didn't give Gucci time to think at all, and asked after him.

"I see them fighting, go over and help." Gucci blurted out. It seemed to him that this was the case, and there was nothing wrong with what he said.

"Did the defendant resist?" The inspector continued.

"Resisted, and the three of us put him down." Gucci Road.

"What do you mean by putting down?" The inspector asked.

"Putting down means that we knocked the other person down, when Hao Dayuan pressed on him, Cui Dongpo pressed his legs, until the other party stopped resisting, and then let go of ......" Gucci said

"What did you do during this time?" The inspector asked.

"When I saw him grasping with his hands, I went up and kicked him twice." Gucci Road.

"How could the victim's cell phone be on you?" The inspector asked suddenly.

"I ...... I kicked him and saw that most of the phone in his pocket was exposed, so I grabbed it and stuffed it in my pocket, and then the police came, and I ran ......away," Gucci was a little flustered when asked.

"Presiding judge, the prosecutor has finished asking." The inspector said.

"The defendant's defender may ask questions of the defendant." The presiding judge said.

"Defendant, you just said that you vomited on the way back because you drank too much, and then you were resting on the side of the road with Hao Dayuan and Cui Dongpo, why did you suddenly beat the victim?" Fang Yi asked.

"There was a man who was on the phone at the time, and we didn't know each other. Hao Dayuan told us that he could fall the man in a minute, and when we drank too much, Cui Dongpo scolded him a few words, and he couldn't get down on his face, so he went to fall on the man.

But because he drank too much, he didn't fall down the other party, but fought with the other party, and suffered a small loss, Cui Dongpo and I ran over to help beat the man.

At that time, I really didn't want to rob the man, I just wanted not to let Hao Dayuan suffer, I was completely out of buddy righteousness. Gucci explains.

"Why is the victim's phone on you? What did you think at the time? Fang Yi asked unhurriedly.

"I drank too much at the time, my brain didn't work very well, when the other party fell to the ground, I kicked him twice, I saw that he had a mobile phone in his pocket, I grabbed it, and then the police came, I was arrested......" Gucci felt very sad, he really didn't want to snatch the other party's mobile phone that day, he didn't know what he thought at the time, drinking and making a mistake!

"When you snatched the phone, were Hao Dayuan and Cui Dongpo beating the victim, or was the victim under the control of the two of them?" Fang Yi asked.

"No, the other party was lying on the ground at that time, shouting and convinced, and the two of them didn't do it again. Just standing aside and gasping for air. "Gucci Road.

"Did you resist when the police arrested you at the scene?" Fang Yi asked.

"No, I don't even know who kicked me at the time. When I fell to the ground, I was handcuffed and I didn't even react. Gucci said with a bitter face.

"Presiding judge, the defender has finished asking." After Fang Yi finished speaking, he looked at the presiding judge.

……

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts.

The prosecutor will speak first. The presiding judge took the pen and wrote it down on a piece of paper, and said.

"Presiding Judge and Judge: ...... The prosecutor believes that the defendant Gucci conspired with others to pick quarrels and provoke trouble while drunk, and when he saw the victim passing by, he temporarily took the initiative and used violent means to rob the victim of money, and his conduct constituted the crime of robbery.

The prosecutor recommended that the defendant be sentenced to five years' imprisonment. Complete. The inspector spoke.

……

"The defendant's defender gives his defense opinion." The presiding judge looked at Fang Yi on the defense bench.

"Presiding Judge and Judge: The defense believes that the defendant Gucci's conduct does not constitute the crime of robbery, but constitutes the crime of robbery, and the specific reasons are as follows:

1. The defendant's conduct does not meet the characteristics of the crime of robbery.

According to Article 263 of the Criminal Law, the crime of robbery refers to the act of using violence, coercion or other methods to seize public or private property on the spot for the purpose of illegal possession.

According to the above provisions, the perpetrator of the crime of robbery must subjectively have the purpose of illegally and forcibly taking possession of other people's property, which is objectively manifested as committing violence, coercion or other acts against the victim, and the purpose of committing the above acts must be to obtain other people's property on the spot.

In this case, the defendant Gucci first conspired with others to pick quarrels and provoke troubles after drinking, and beat the victim for no reason. After that, Gucci temporarily took advantage of the victim's ability to knock him to the ground, openly seized his mobile phone and fled, and was later captured by the police.

Gucci and his accomplices beat the victim only to get away with his buddies, and had no intention of robbing money.

The available evidence in the case does not prove that Gucci and his accomplices beat the victim for no reason in order to steal money, and the available evidence does not reflect that Gucci et al. demanded property from the victim when they beat him, so Gucci et al. beat others without reason after drinking is a simple act of picking quarrels and provoking trouble. This act has nothing to do with Gucci's subsequent personal act of seizing the victim's mobile phone for personal gain.

Gucci and his accomplices' previous trouble-seeking, and Gucci's personal desire to seize the victim's mobile phone are two separate acts of completely different natures carried out under the control of two different subjective intentions.

Neither Gucci nor its accomplices had the intent or intent to rob property at the time of the violent assault, and such violence cannot be considered as a means by which Gucci personally seized the property of others.

Later, when Gucci took advantage of the victim's unpreparedness to seize other people's property, the violent assault had ended, and Gucci did not continue to use violence against the victim in order to obtain the victim's mobile phone after kicking the victim twice.

The victim's statement also confirmed that no one was beating her when her phone was robbed. Subsequently, the public security officers arrived, and the defendant Gucci did not resist in the process of escaping and being arrested, and there was no circumstance that the crime of transformational robbery was established.

It can be seen that the defendant Gucci et al.'s prior personal assault on others was not intended to rob others' property; Objectively, the defendant and others did not take advantage of the opportunity to infringe on the victim's person to illegally and forcibly take possession of the victim's property, so the defendant's conduct did not meet the characteristics of the crime of robbery.

2. The defendant's conduct constituted the crime of robbery.

According to Article 267 of the Criminal Law, the crime of snatching refers to the act of taking advantage of a person's unpreparedness to openly seize a relatively large amount of public or private property for the purpose of illegal possession.

According to the above provisions, the crime of robbery adopts the method of taking advantage of the unpreparedness of the person, not using violence, but using force, and such force only acts on the property being robbed, while the crime of robbery uses violence and applies violence directly to the victim and compels him or her body.

In this case, the defendant Gucci and his accomplices' acts of picking quarrels and provoking troubles while drunk and beating the victim without reason were not Gucci's means of seizing property; However, the seizure of property after the fact was only a temporary initiative of the defendant to take away the victim's mobile phone while he was unprepared, so it does not meet the characteristics of the crime of robbery, and should be found to be the crime of robbery.

In view of the fact that the defendant is a first-time offender and truthfully confessed after being brought to trial, the court is requested to punish him lightly, and the defense counsel recommends that the defendant be given a suspended sentence. Complete. After Fang Yi finished speaking, he looked at the presiding judge.

……

There's another chapter, wait a minute, and it's being played by hand.

(End of chapter)