Parents are not at home, and thieves scare nine-year-old girls by cheating and taking away more than 110 yuan of pocket money from savings cans. Is this burglary or robbery? When examining a theft case, Jiaojiang District Procuratorate restored the details of the case and recounted the criminal facts of a robbery in Kemou according to law. A few days ago, the court decided to impose 13 yearsimprisonment on Kemou for robbery and theft, and fined him 34,000 yuan.
Fake a fathers friend and trick a 9-year-old girl into opening the door
In January 2019, students were on winter vacation. One afternoon, Tongtong, a 9-year-old girl, was left at home alone because her parents were at work.
Suddenly, I heard someone knocking downstairs. Tongtong was lying at the window. A man knocked at the door and said, Is there anyone? This man is the defendant Ke Mou-mou.
Tongtong tells him that Dad is not at home, which is just in Kemous bosom. Actually, he didnt come to look for anybody at all. Hes a regular burglar, picking on nobody in his family to steal houses. Unexpectedly, some people in this family were at home, but when they learned that it was a little girl, Kemoumou relaxed his vigilance and decided to get a ticket into the house.
So, Kemoumou pretended to be Tongtongs fathers friend, took out his cell phone and pretended to call her father to gain Tongtongs trust. Your daughter is not open, what should we do?.
Tong Tong believed it was true. He thought that since he had spoken to his father on the phone, it must have been his friend who had something to do with him, he went downstairs and opened the door.
Turning the box upside down and finding no money to take away the little girls savings can
After entering the house, Kemoumou asked Tongtong several questions: Are you the only one in the family? When will Mom and Dad go home? Simple Tongtong answered one by one. But when asked where his parents put their money, Tongtong suddenly realized that something was wrong. He hesitated and said, Mom didnt put the money at home. Subsequently, Kemou began to recklessly turn over the box and empty the cabinet, trying to pry open the locked wardrobe door without success, and took Tongtongs savings tank off the table.
Seeing this scene, Tong Tong cried out in horror, Dont pry the cabinet, dont take my savings tank...
After some intimidation, Tongtong withstood tears and sobs. At this time, Kemoumou took more than 110 yuan from the savings tank and was ready to leave. Tongtong held his corner in the hope of stopping him. One side of Kemou said that he did not take money, while still threatening her with words, let her not talk nonsense, or tell her father and so on, Tongtong was too frightened to follow.
The next afternoon, Kemoumou wandered to the house near Shuichangli in Jiaojiang District. After confirming that there was no one in the house, he entered the house twice by pushing the door. He stole a golden VIVO mobile phone (RMB 333) and a silver IPAD tablet computer (RMB) which were put in the house by household A and B respectively. 1956 yuan). Subsequently, Kemoumou was caught by the police on the spot while selling stolen goods in a mobile phone store.
The prosecutor found the case
Its not that simple.
On March 25, 2019, the public security organs transferred the criminal facts of Kemoumou to Jiaojiang District Procuratorate for theft. In the process of marking the papers, the procurator found that the facts in the first part were different from those in other parts of the case.
Through the targeted interrogation of Kemoumou and the detailed communication with Tongtong, the prosecutor accurately restored every detail of the case, believing that Kemou invaded other peoples houses for the purpose of theft, stole money in front of a 9-year-old girl, and deny it. When the little girl cried for help, she threatened with words. Get rid of it.
For a 9-year-old girl who is alone at home, in the safe home, in the face of the sudden intrusion of strangers and the above-mentioned behaviors, judging from the gender and strength advantages of the defendant and the age disparity of the victim, the defendants words and deeds are enough to have a psychological deterrent effect on the little girl. Kemoumoumou just took advantage of the little girls daring to resist and robbed the property.
Part of the Fact of Crime
Change to robbery
After sorting out the case, the prosecutor repeatedly compared the judicial interpretation of theft and robbery. When the burglary was found and threatened by violence or words on the spot, it should be household robbery, and there are considerable differences in penalties between the two. On the basis of case analysis and judgment, the prosecutor decided to change this part of the crime facts to robbery.
In June 2019, the case was heard twice. In the intense trial, the judge finally adopted the qualitative opinions of the procuratorial organs and successfully prosecuted the robbery of Kemou, which played a deterrent role in law for the repetitive criminals like Kemou.
On the morning of June 13, the court decided that Kemou was guilty of robbery and theft. Several crimes were concurrently punished and sentenced to 13 yearsimprisonment, with a fine of RMB 34,000.
Special reminder by the prosecutor
Summer has come this year, many parents have no time to take care of their children because of their work, but try not to let their children at home alone. Children because of their age, safety awareness and self-protection ability is relatively poor, it is unavoidable to let children at home alone, to strengthen safety education for children, improve their self-protection ability, try to avoid being deceived and lead wolves into the room.
Source: responsible editor of Taizhou Evening News: Luo Chongwei_NB12082