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People's Procuratorate of Wuxi Municipality, Jiangsu Province v. Shang Weijun, Sun Jianzhong, Sun Longbiao and Gao Lianming (Case on Intentional Murder, Robbery and Rape)
商伟君、孙建忠、孙龙彪、高连明故意杀人、抢劫、强奸案
【法宝引证码】

People’s Procuratorate of Wuxi Municipality, Jiangsu Province v. Shang Weijun, Sun Jianzhong, Sun Longbiao and Gao Lianming (Case on Intentional Murder, Robbery and Rape)
(Case on Intentional Murder, Robbery and Rape)
商伟君、孙建忠、孙龙彪、高连明故意杀人、抢劫、强奸案

People's Procuratorate of Wuxi Municipality, Jiangsu Province v. Shang Weijun, Sun Jianzhong, Sun Longbiao and Gao Lianming
(Case on Intentional Murder, Robbery and Rape)

 

商伟君、孙建忠、孙龙彪、高连明故意杀人、抢劫、强奸案

BASIC FACTS 
Defendant: Shang Weijun (伟君), also named Shang Weijun (卫军), male, 21, native of Yancheng City, Jiangsu Province, farmer. He was detained on November 9, 1995, and was arrested on November 10, 1995. 被告人:商伟君,又名商卫军,男,21岁,江苏省盐城市人,农民。1995年11月9日被拘留,10日被逮捕。
Defendant: Sun Jianzhong (建忠), also named Sun Jianzhong (建中), male, 22, native of Yancheng City, Jiangsu Province, farmer. He was detained on November 5, 1995, and was arrested on November 10, 1995. 被告人:孙建忠,又名孙建中,男,22岁,江苏省盐城市人,农民。1995年11月5日被拘留,10日被逮捕。
Defendant: Sun Longbiao (龙彪), also named Sun Longbiao (龙标), male, 19, native of Yancheng City, Jiangsu Province, farmer. He was detained on November 5, 1995, and was arrested on November 10, 1995. 被告人:孙龙彪,又名孙龙标,男,19岁,江苏省盐城市人,农民。1995年11月5日被拘留,10日被逮捕。
Defendant: Gao Lianming, male, 21, native of Yancheng City, Jiangsu Province, farmer. He was detained on November 5, 1995, and was arrested on November 10, 1995. 被告人:高连明,男,21岁,江苏省盐城市人,农民。1995年11月5日被拘留,10日被逮捕。
For the case on the offences of intentional murder, robbery and rape, which were committed by Shang Weijun (Shang hereafter), Sun Jianzhong (Sun JZ hereafter), Sun Longbiao (Sun LB hereafter) and Gao Lianming (Gao hereafter), the defendants, the People's Procuratorate of Wuxi Municipality, Jiangsu Province lodged a prosecution with the Intermediate People's Court of Wuxi Municipality (hereinafter referred to as Wuxi Intermediate Court). It was found out by Wuxi Intermediate Court after public trial: 被告人商伟君、孙建忠、孙龙彪、高连明故意杀人、抢劫、强奸案,由江苏省无锡市人民检察院向无锡市中级人民法院提起公诉。无锡市中级人民法院经公开审理查明:
Through premeditation, Shang, Sun JZ, Sun LB and Gao brought the instruments of offence including a dagger and adhesive tapes and entered Yan Baoyong's home at No. 36, Sun Lane, Hongwuyue Village, Huangcang Township, Suburb of Wuxi at about 8:00 PM on September 29, 1995. Menacing with the knife, they bound the hands and feet of Yan (male, 46), Wei Bohua (male, 51), Sun Qingdi (female, 45) and his wife Ms. Sun (aged 41), sealed up the victims' mouths with adhesive tapes, and robbed them of 2,000 odd yuan, a gold necklace, and a gold finger ring, etc. After that, the four of them killed Yan, Wei Bohua and Sun Qingdi separately by tying the victims' necks with ropes and electrical wires, or by cutting and stabbing the victims with the dagger. Meanwhile, they also lightly wounded Ms. Sun. 被告人商伟君、孙建忠、孙龙彪、高连明经预谋,于1995年9月29日晚8时许,携带尖刀、胶带等作案工具,进入无锡市郊区黄苍乡红五月村孙巷36号言勇宝家中,持刀威胁,将言勇宝(男,46岁)、魏伯华(男,51岁)、孙庆娣(女,45岁)、孙某某(女,41岁)的手脚捆绑,用胶带封嘴,劫得人民币2000余元及金项链1条、金戒指1枚等物。尔后,4被告人分别采用绳与电线勒颈部、尖刀割、戳等手法将言勇宝、魏伯华、孙庆娣杀死,致孙某某轻伤。
Shang, Sun JZ and Sun LB brought the instruments of offence including a dagger and adhesive tapes and entered Tian Liya's home (Tian Liya, female, 21, Tian hereafter) at No. 21, Jishansi, Hujing Village, Yushan Town, Changshu at about 8:00 AM on October 4, 1995. Menacing with the knife, they bound Tian's hands and feet, sealed up Tian's mouth with adhesive tape, robbed Tian of 1,000 odd yuan, a deposit card of Agricultural Bank of China (there were 1,616.34 yuan of deposit on the card) and other properties. Shang raped Tian by violence. After that, Shang and Sun JZ tied Tian to death with a shoelace. 被告人商伟君、孙建忠、孙龙彪于1995年10月4日上午8时许,携带尖刀、胶带等作案工具,进入常熟市虞山镇湖泾村积善寺21号田丽亚(女,21岁)家中,持刀威胁,将田丽亚手脚捆绑,用胶带封嘴,劫得人民币1000余元及中国农业银行储蓄卡1张(卡上有1616.34元存款)等物。商伟君采用暴力手段强奸了田丽亚。尔后,商伟君、孙建忠用鞋带将田丽亚勒死。
Shang, Sun JZ, Sun LB and Yang Chenhai (punished in a separate case) brought the instruments of offence including a dagger and adhesive tapes, and forced into Mr. Dai's home (Dai was aged 26) at Suite 501, Guangming Building No. 1, Runzhou District, Zhenjiang at about 4:00 PM on October 18, 1995 under the pretext of looking for someone. Menacing with the knife, they trussed up the hands and feet of Mr. Dai and Ms. Ren (aged 23), sealed up the victims' mouths with adhesive tapes, and robbed them of 300 odd yuan, 2 gold finger rings, and a pair of gold eardrops, etc. 被告人商伟君、孙建忠、孙龙彪及杨陈海(另案处理)于1995年10月18日下午4时许,携带尖刀、胶带等作案工具,以找人为名闯入镇江市润州区光明1号楼501室戴某某家,持刀威胁,将戴某某(男,26风)、任某(女,23岁)的手脚捆绑,用胶带封嘴,劫得人民币300余元及金戒指2枚、金耳坠1付等物。
Shang, Sun JZ and Sun LB brought the instruments of offence including a dagger, adhesive tapes, cloth belts, etc. and entered Zhou Qinxian's home (Zhou Qinxian, female, 32, Zhou hereafter) at Suite 306, Building 17, Datong Xincun, Yicheng Town, Yixing at 4:00 PM on October 29, 1995. By threat with the knife, they bound Zhou's hands and feet, sealed up her mouth with adhesive tapes, and then looked for properties in the room. At about 5:00 PM, Jiang Keji (Zhou's husband, 30) and Jiang Xiling (their daughter, 6) came back home, then Shang and Sun LB went up with the knife and bound the hands and feet of Jiang Keji and Jiang Xiling, and sealed up the victims' mouths with adhesive tapes. After that, Shang, Sun JZ and Sun LB separately tied Jiang Keji, Jiang Xiling and Zhou to death with nylon ropes. At that moment, Qian Jinhong (male, 48, Qian hereafter) came to Jiang's home. After he knocked at the door and entered the room, the three of them went up and tied Qian to death in the same way. They totally robbed of 1,000 odd yuan, a Motorola 9900 mobile phone, a gold finger ring, a gold necklace, a leather jacket, a wrist watch, a camera, a leather box, and some costly cigarettes and liquors, etc. 被告人商传君、孙建忠、孙龙彪于1995年10月29日下午4时许,携带尖刀、胶带、布带等作案工具,进入宜兴市宜城镇大同新村17幢306室周琴仙(女,32岁)家,持刀威胁,将周琴仙手脚捆绑,用胶带封嘴,后在室内翻找财物。下午5时许,周的丈夫蒋科技(30岁)及女儿蒋茜玲(6岁)回家,商伟君、孙龙彪即持刀上前将蒋科技、蒋茜玲的手脚捆绑,并用胶带封嘴,尔后,商伟君、孙建忠、孙龙彪分别用尼龙绳将蒋科技、蒋茜玲、周琴仙勒死。此时,钱金红(男,48岁)有事来蒋家,敲门入室后,3被告人即上前采用上述同样手法将钱金红勒死。3被告人共劫得人民币1000余元,摩托罗拉9900型移动电话机1部,金戒指、金项链、皮夹克、手表、照相机、皮箱以及名贵烟酒等财物。
Shang, Sun JZ and Sun LB brought the instruments of offence including a dagger and adhesive tapes, etc. and forced into Mr. Zhu's home at Suite 101, Building 28, Jiefangxincun, Suzhou at about 8:00 PM on October 27, 1995 under the pretext of looking for someone. Menacing with the knife, they bound the hands and feet of Mr. Zhu (male, 49) and Ms. Yin (female, 44), sealed up the victims' mouths with adhesive tapes, and robbed them of 700 odd yuan of cash, 5,000 yuan of financing bonds of Suzhou Printing and Dyeing Factory, a gold necklace, a gold bracelet, a gold finger ring, a pair of gold earrings, a wrist watch, an aviation box, etc., and an identity card of Zhu Yawen. 被告人商伟君、孙建忠、孙龙彪于1995年10月27日晚8时许,携带尖刀、胶带等作案工具,以找人为名闯入苏州市解放新村28幢101室朱某某家中,持刀威胁,将朱某某(男,49岁)印某某(女,44岁)的手脚捆绑,用胶带封嘴,劫得人民币700余元,苏州印染厂融资债券5000元及金项链、金手链、金戒指、金耳环、手表、航空箱等财物,以及朱亚文身份证1张。
Shang, Sun JZ and Sun LB brought the instruments of offence including a dagger and adhesive tapes, etc. and forced into Chen Yinhai's dwelling place at No. 1, Zhaojiahan, Yunyang Town, Danyang at about 9:00 PM on October 29, 1995. By threat with the knife, they bound the hands and feet of Chen Yinhai (male, 33) and Huang Chun (male, 26), sealed up the victims' mouths with adhesive tapes, and robbed them of 26,000 odd yuan. After that, the three of them killed Chen Yinhai and Huang Chun by tying the said victims' necks with ropes and stabbing them with the dagger. 被告人商伟君、孙建忠、孙龙彪于1995年10月29日晚9时许,携带尖刀、胶带等作案工具,闯入丹阳市云阳镇赵家涵1号陈银海租住处,持刀威胁,将陈银海(男,33岁)、黄春(男,26岁)的手脚捆绑,并用胶带封嘴,劫得人民币2.6万余元。尔后,3被告人用绳勒颈部、尖刀刺戳的手法,将陈银海、黄春杀死。
It was found from medicolegal authentication that Yan, Tian, Jiang Keji, Zhou, Jiang Xiling and Qian died of mechanical asphyxia; Wei Bohua and Huang Chun died of hemorrhagic shock; Sun Qingdi and Chen Yinhai died of both mechanical asphyxia and hemorrhagic shock; and Ms. Sun was lightly wounded. 经法医鉴定:言勇宝、田丽亚、蒋科技、周琴仙、蒋茜玲、钱金红系机械性窒息死亡;魏伯华、黄春系失血性休克死亡;孙庆娣、陈银海系机械性窒息合并失血性休克死亡;孙某某构成轻伤。
After the case was solved, the public security organ recovered 12,107.3 yuan of illicit money, 5,000 yuan of financing bonds of Suzhou Printing and Dyeing Factory, a leather jacket, a gold necklace, a diamond ring, 4 wrist watches, a deposit card of Agricultural Bank of China, etc. 破案后,公安机关追缴到赃款12107.3元、苏州印染厂融资债券5000元、皮茄克1件、金项链1条、钻式1枚、手表4块、中国农业银行储蓄卡1张等物。
The above said facts can be proven with the time, places, means, and instruments of offence, etc. which Shang, Sun JZ, Sun LB and Gao confessed, the transcripts of reports and statements of the victims, the testimonies of witnesses, the on-site survey records and on-site photographs of the public security organ, the medicolegal authentication letter, the medicolegal material evidence check report, the technological authentication letter, the confiscated illicit money and properties, as well as the instruments of offence such as the dagger, adhesive tapes, etc. The facts were clear, and the evidence was conclusive enough for conviction. 上述事实,被告人商伟君、孙建忠、孙龙彪、高连明所供述的作案时间、地点、手段和作案工具等,分别有被害人的报案和陈述笔录,证人证言,公安机关的现场勘查记录、现场摄影、法医鉴定书、法医物证检验报告和科学技术鉴定书,以及追缴的赃款赃物及作案工具尖刀、胶带等证据所证实。事实清楚,证据确实,足以认定。
Wuxi Intermediate Court held that, Shang, Sun JZ, Sun LB and Gao intentionally deprived of the lives of others by extremely brutal means, and the consequences were extremely serious. All their acts had violated Article 132 of the “Criminal Law of the People's Republic of China”, constituted the crime of murder, and they should be punished severely. Shang, Sun JZ, Sun LB and Gao robbed others of their properties with instruments by violence, and the circumstances were serious. All their acts had violated Article 150 (2) of the Criminal Law, and constituted the crime of robbery. Shang also raped a woman by violence, and the circumstances were particularly serious. His act had violated Article 139 (3) of the Criminal Law, and constituted the crime of rape. Shang, Sun JZ, Sun LB and Gao committed offences here and there in collusion with each other, and the social harmfulness was extremely enormous. According to Article 22 of the Criminal Law, their acts were joint crimes, and they should all be given heavier punishments. Sun LB committed new crimes within three years after being reeducated through labor, and should be given heavier punishments in accordance with Article 1 (2) of the Decision of the Standing Committee of the NPC Concerning the Handling of Criminals Undergoing Reform Through Labor and Persons Undergoing Reeducation Through Labour Who Escape or Commit New Crimes. Shang, Sun JZ, Sun LB and Gao all committed several crimes, and should be given combined punishments in accordance with Article 64 of the Criminal Law. Therefore, Wuxi Intermediate Court decided as follows on November 13, 1995: 无锡市中级人民法院认为,被告人商伟君、孙建忠、孙龙彪、高连明故意剥夺他人生命,手段特别残忍,后果特别严重,其行为均已触犯《中华人民共和国刑法》第一百三十二条的规定,构成故意杀人罪,应当严惩。商伟君、孙建忠、孙龙彪、高连明持械使用暴力抢劫他人财物,情节严重,其行为均已触犯刑法一百五十条第二款的规定,构成抢劫罪。商伟君还使用暴力强奸妇女,情节特别严重,其行为触犯刑法一百三十九条第三款的规定,构成强奸罪。商伟君、孙建忠、孙龙彪、高连明合伙流窜作案,社会危害极大,依照刑法二十二条的规定,是共同犯罪,均应从重处罚。孙龙彪在解除劳动教养三年内又犯罪,依照全国人大常委会《关于处理逃跑或者重新犯罪的劳改和劳教人员的决定》第一条第二款的规定,应当从重处罚。商伟君、孙建忠、孙龙彪、高连明都是一人犯数罪,依照刑法六十四条的规定,应当数罪并罚。据此,无锡市中级人民法院于1995年11月13日判决:
1. Shang has committed the crime of murder, shall be sentenced to death, and be deprived of political rights for life; he has committed the crime of robbery, shall be sentenced to death, and be deprived of political rights for life; he has committed the crime of rape, shall be sentenced to death, and be deprived of political rights for life. It is decided to enforce the death penalty, and to deprive of his political rights for life.   一、被告人商伟君犯故意杀人罪,判处死刑,剥夺政治权利终身;犯抢劫罪,判处死刑,剥夺政治权利终身;犯强奸罪,判处死刑,剥夺政治权利终身。决定执行死刑,剥夺政治权利终身。
2. Sun JZ has committed the crime of murder, shall be sentenced to death, and be deprived of political rights for life; he has committed the crime of robbery, shall be sentenced to death, and be deprived of political rights for life. It is decided to enforce the death penalty, and to deprive of his political rights for life.   二、被告人孙建忠犯故意杀人罪,判处死刑,剥夺政治权利终身;犯抢劫罪,判处死刑,剥夺政治权利终身。决定执行死刑,剥夺政治权利终身。
3. Sun LB has committed the crime of murder, shall be sentenced to death and be deprived of political rights for life; he has committed the crime of robbery, shall be sentenced to death and be deprived of political rights for life. It is decided to enforce the death penalty, and to deprive of his political rights for life.   三、被告人孙龙彪犯故意杀人罪,判处死刑,剥夺政治权利终身;犯抢劫罪,判处死刑,剥夺政治权利终身。决定执行死刑,剥夺政治权利终身。
4. Gao has committed the crime of murder, shall be sentenced to death and be deprived of political rights for life; he has committed the crime of robbery, shall be sentenced to death, and be deprived of political rights for life. It is decided to enforce the death penalty, and to deprive of his political rights for life.   四、被告人高连明犯故意杀人罪,判处死刑,剥夺政治权利终身;犯抢劫罪,判处死刑,剥夺政治权利终身。决定执行死刑,剥夺政治权利终身。
After the judgment of the first instance was announced, Shang, Sun JZ and Sun LB accepted the judgment, but Gao was dissatisfied and appealed to the Higher People's Court of Jiangsu Province (hereinafter referred to as Jiangsu Higher Court) on the grounds that he did not have the intention of murder and that he played an important role in seizing Shang. 第一审宣判后,被告人商伟君、孙建忠、孙龙彪服判,被告人高连明不服,以其“没有杀人故意”、“对抓获商伟君起了重要作用”为由,向江苏省高级人民法院提出上诉。
JUDGMENT'S REASONING 
Jiangsu Higher Court held after the trial that, in the judgment of the first instance, the facts were clearly found, and the evidence was confirmative and sufficient. In a crime which Gao took part in, he tied Ms. Sun's neck with a rope in collusion with someone else, causing her to asphyxia, thus his intention of murder was obvious. Although Gao confessed his guess about Shang's whereabouts to the public security organ after he was seized, such confession was not accurate, and it was by depending on its own investigation that the public security organ seized Shang. Gao's appellate grounds were short of factual basis, and shall not be adopted. The judgment of the first instance accurately convicted the appellants and all defendants, sentenced them to criminal penalties properly, and was based on lawful trial procedures, hence it shall be sustained. Therefore, Jiangsu Higher Court ruled on November 17, 1995: the appeal shall be rejected, and the judgment of the first instance shall be sustained. 江苏省高级人民法院经审理后认为,原判认定事实清楚,证据确凿、充分。上诉人高连明在自己参与的一次犯罪中,伙同另一被告人用绳子勒住孙某某的颈部,致其窒息,杀人故意明显。高连明在被抓获后,虽然向公安机关供述了他对商伟君逃亡下落的估计,但都不准确,公安机关靠自己的侦查才将商伟君抓获。高连明的上诉理由无事实根据,不予采纳。原判对上诉人及各被告人的定罪准确,量刑适当,审判程序合法,应当维持。据此,江苏省高级人民法院于1995年11月17日裁定:驳回上诉,维持原判。
JUDGMENT 
In accordance with the Notice of the Supreme People's Court on Authorizing the Higher People's Courts to Review Some Death Penalty Cases, Jiangsu Higher Court approved in the same ruling the criminal judgment of Wuxi Intermediate Court on separately sentencing Shang, Sun JZ, Sun LB and Gao to death, and on depriving of their political rights for life.

 根据最高人民法院依法授权高级人民法院核准部分死刑案件的规定,江苏省高级人民法院在同一裁定中核准了无锡市中级人民法院分别判处商伟君、孙建忠、孙龙彪、高连明死刑,剥夺政治权利终身的刑事判决。
 

     
     
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