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The People's Procuratorate of Yuzhong District, Chongqing Municipality v. Zhu Bowei & Lei Xiuping (Case of Robbery)
重庆市渝中区人民检察院诉朱波伟、雷秀平抢劫案
【法宝引证码】
  • Type of Dispute: Criminal-->Property Infringement
  • Legal document: Judgment
  • Judgment date: 01-27-2006
  • Procedural status: Trial at First Instance
  • Source: SPC Gazette,Issue 4,2006

The People’s Procuratorate of Yuzhong District, Chongqing Municipality v. Zhu Bowei & Lei Xiuping (Case of Robbery)
(Case of Robbery)
重庆市渝中区人民检察院诉朱波伟、雷秀平抢劫案

The People's Procuratorate of Yuzhong District, Chongqing Municipality v. Zhu Bowei & Lei Xiuping

 

重庆市渝中区人民检察院诉朱波伟、雷秀平抢劫案

(Case of Robbery) 【裁判摘要】
 出租车驾驶员在正常营运过程中,为牟取非法利益,采用暴力、威胁手段,强行向乘客索取与合理价格相差悬殊的高额出租车服务费,情节严重的,其行为构成刑法二百二十六条规定的强迫交易罪,不应以抢劫罪定罪处罚。
 
BASIC FACTS 公诉机关:重庆市渝中区人民检察院。
Public prosecution organ: the People's Procuratorate of Yuzhong District, Chongqing Municipality. 被告人:朱波伟,男,27岁,重庆市人,出租车驾驶员,住重庆市长寿区,2005年10月12日被逮捕。
Defendant: Zhu Bowei, male, 27 year-olds of age, from Chongqing Municipality, taxi driver, resides at Changshou District, Chongqing Municipality, was arrested at on October 12th, 2005. 被告人:雷秀平,男,32岁,四川省人,出租车驾驶员,住重庆市渝中区,2005年10月12日被逮捕。
Defendant: Lei Xiuping, male, 32 year-olds of age, from Sichuan Province, taxi driver, resides at Yuzhong District, Chongqing Municipality, was arrested at on October 12th, 2005. 重庆市渝中区人民检察院以被告人朱波伟、雷秀平犯抢劫罪,向重庆市渝中区人民法院提起公诉。
The People's Procuratorate of Yuzhong District, Chongqing Municipality filed a public prosecution with the People's Court of Yuzhong District, Chongqing Municipality against Zhu Weibo Bowei and Lei Xiuping for the crime of robbery. 起诉书指控:被告人朱波伟在驾驶出租车送客途中,采用语言威胁、搜身等手段,抢走乘客皮广思的100元;朱波伟还伙同被告人雷秀平,采用语言威胁、搜身等手段,抢走乘客杨建国的500元。朱波伟、雷秀平的行为已触犯《中华人民共和国刑法》(以下简称刑法)第二百六十三条之规定,构成抢劫罪,请依法判处。
It was held in the indictment that: the defendant Zhu Bowei, in the way of driving passenger by taxi, rapped 100 Yuan from passenger Pi Guangsi by means of threatening by words and body search; Zhu Bowei also, by collaborating with the defendant Lei Xiuping, rapped 500 Yuan from passenger Yang Jianguo by means of threatening by words and body search. Zhu Bowei and Lei Xiuping's acts violated Article 263 of the Criminal Law of the People's Republic of China (hereinafter referred to as the Criminal Law), and constituted the crime of robbery. Thus the Procuratorate pledges pleads with the court to make a judgment according to law. 公诉机关向法庭出示以下证据:
The evidences produced by the public prosecution organ to the court were as follows: 
1. The case reporting statement of the victim Pi Guangsi (hereinafter referred to as Pi), the main content of which is that: in the evening of September 8th, 2005, after I got off the train, I and took a taxi with license plate number of Yu BT0735 near Caiyuanba. I asked the driver how much did it cost to the north bus station when I getting on the taxi, and the driver told me that it was 10 Yuan. I did not say anything more. After putting my code case at the trunk of the taxi, I went to sit at the front seat. On the way, the driver asked me whether or not I was going to live in inns, and told me that “there are all mean people in inns, you must be rich, why don't you go to a hotel?” I refused. After crossing Jialing River Bridge, the driver told me that the public security was not good recently, that some of his friends were bad men and he used to be a bad man too, then he asked me to take out all my money, otherwise he and his friends would torture me till death and throw my body to sewer, etc. He searched my purse while driving and took 100 Yuan. The driver gave the code case to me after we arrived at the north bus station, and then drove away. 1.被害人皮广思的报案陈述,主要内容是:2005年9月8日晚,我下了火车,在菜园坝附近上了车牌号为渝BT0735的一辆出租车。上车时我问过到汽车北站多少钱,驾驶员说10元,我没说什么,便将密码箱放在汽车后备箱里,然后坐在副驾驶位置。途中,驾驶员问我要不要住旅馆,还说旅馆里都是坏人,你肯定有钱,去住宾馆吧,我拒绝了。过了嘉陵江大桥,驾驶员又说,现在治安不好,他的几个朋友都是坏人,他过去也是坏人,让我把钱拿出来,如果我不拿,他会和他的朋友把我整死,扔到阴沟里,等等。他边开车边搜我的包,搜走100元钱。到了汽车北站,驾驶员把密码箱给我,开车就跑了。
2. The case reporting statement of the victim Yang Jianguo (hereinafter referred to as Yang), the main content of which is that: at 00:20 of September 9th, 2005, as I was going to Caiyuanba from Chongqing Jiangbei Airport, I took a taxi with license plate number of Yu BT0735 and sat at the backseat. Not long after we left for Caiyuanba, we met with another taxi at the cross. The driver of that taxi asked the diver of the taxi I took to take the passenger in that taxi who was also going to Jiangbei. That passenger came over and sat at the front seat. Another man from that taxi also knew the driver of the taxi I took, he got on the taxi as well and sat beside me. After we arrived at Jiangbei, the passenger that took the ride got off, then the man sat beside me asked me what was the charge was from the airport to Caiyuanba? , I said it was 50 Yuan in the daytime while 80 Yuan at most at night. Then the driver of this taxi flapped the steering wheel heavily and scolded that: “Damn you, how could it be 50 Yuan or 80 Yuan? It was so hard for me to work at midnight, give me 480 Yuan, no less.or……” The man sat beside me started to reach my purse, I stopped him but was warned fiercely that “keep your hands away off, or I'll stab you.” Just like this, He took 650 Yuan form my pants pocket. After we arrived at Caiyuanba, I begged “brother, I must return to Guang'an, give some traveling expense back to me.” Thus they returned 150 Yuan to me under my request. 2.被害人杨建国的报案陈述,主要内容是:2005年9月9日零点20分,我从重庆江北机场准备去菜园坝,上了车牌号为渝BT0735的一辆出租车,坐在车后座。上车没走多远,在路口遇到另一辆出租车。另一辆出租车的驾驶员对我们这辆车上的驾驶员说,他车上有一名乘客要到江北,叫我们这辆车给捎上。那名乘客就过来,坐到副驾驶位置。那辆车上还下来一个男子,和我们这辆车的驾驶员认识,也上了我们这辆车,坐在我旁边。到了江北,搭车的那名乘客下车后,坐在我旁边的男子问我,从机场到菜园坝的车费是多少?我说白天50元,晚上最多80元。这时,我们这辆车的驾驶员就猛拍方向盘,骂道:“你他妈的,怎么可能是50、80元,老子深更半夜这么辛苦,给480元,一分也不能少。”坐在旁边的男子也开始摸我的包,我不准他摸,他就恶狠狠地说:“把手拿开,再不听话,老子拿刀捅你”。就这样,他从我裤包里搜走650元。到了菜园坝,我说:“兄弟,我还要回广安,还给我点路费”。在我的要求下,他们还给我150元。
3. The testimony of witness Zuo Guangying, the main content of which is that: I own the taxi with license plate number of BT0735, Zhu Bowei (hereinafter referred to as Zhu) is responsible for driving. On the early morning of September 9th, 2005, Lei Xiuping (hereinafter referred to as Lei) and I drove the taxi with license plate number of BT2046 form Guang'an to Chongqing, we met with Zhu at the cross of Chongqing Jiangbei Airport. There was a passenger sat sitting at the backseat of his taxi. I asked Zhu to take a passenger in my car to Mahuangliang, Jiangbei by the way and collect a charge of 40 Yuan. After my passenger got on the car of Zhu, Lei also got on. Before On leaving, I told Zhu and Lei not to arbitrarily collect fees. At about 1:00 on the morning, I called Zhu and asked him where he was and how much did he charge the passenger who went to Caiyuanba of Yuzhong District, Zhu told me that he charged 500 Yuan, I told him that they were arbitrarily collecting fees and I would not bear the responsibilities in case of any problem. Afterwards, Zhu gave me 300 Yuan, except 160 Yuan of operation revenue that he should give me, and 40 Yuan of the charge he collected for me, I got another an extra gain of 100 Yuan. 3.证人左光英的证言,主要内容是:渝BT0735出租车归我所有,交给朱波伟驾驶。2005年9月9日凌晨,我和雷秀平驾驶渝BT2046出租车从广安返回重庆,在重庆江北机场路口处遇见朱波伟。当时朱波伟的车上有一名乘客,坐在后排。我叫朱波伟顺便把我车上的一名乘客送到江北蚂蝗粱,代收40元车费。我车上的那名乘客到朱波伟车上后,雷秀平也上了朱波伟的车。分手时我给朱波伟、雷秀平打招呼,叫他们不要乱收费。凌晨1时,我打电话给朱波伟,问他车在哪里,顺便问他收了那名到渝中区菜园坝的乘客多少钱,朱波伟说收了人家500元。我说你们是乱收费,出了问题我不负责。事后,朱波伟交给我300元,除160元是朱波伟应交给我的营运收入,40元是朱波伟代我收回的车费外,另分给我100元。
...... ......

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