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The People's Procuratorate of Dingzhou City, Hebei Province v. Zou Quanbao (1999) (Case on the Crime of Intentional Destruction of Properties)
邹全保故意毁坏财物案
【法宝引证码】
  • Type of Dispute: Criminal-->Property Infringement
  • Legal document: Judgment
  • Judgment date: 11-03-1999
  • Procedural status: Trial at First Instance
  • Source: SPC Gazette,Issue 1,2000

The People’s Procuratorate of Dingzhou City, Hebei Province v. Zou Quanbao (1999) (Case on the Crime of Intentional Destruction of Properties)
(Case on the Crime of Intentional Destruction of Properties)
邹全保故意毁坏财物案

The People's Procuratorate of Dingzhou City, Hebei Province v. Zou Quanbao (1999) (Case on the Crime of Intentional Destruction of Properties)

 

邹全保故意毁坏财物案

BASIC FACTS 
Public Prosecution Authority: the People's Procuratorate of Dingzhou City,Hebei Province 公诉机关:河北省定州市人民检察院。
Defendant: Zou Quanbao, Male, 40, farmer of Gedatou Village, Zhoucun Township, Dingzhou City, Hebei Province. He was arrested on July 9,1999. 被告人:邹全保,男,40岁,河北省定州市周村乡疙瘩头村农民。1999年7月9日被逮捕。
The People's Procuratorate of Dingzhou City, Hebei Province (hereinafter referred to as “the Procuratorate”) instituted a public prosecution to the People's Court of Dingzhou City (hereinafter referred to as “Dingzhou Court”) against Zou Quanbao (hereinafter referred to as “Zou”) by accusing him of intentional destruction of properties: At about 5 o'clock on the afternoon of April 11th of 1999, Zou, after drinking wine, intruded into the Villagers' Committee of Gedatou Village, Zhoucun Township, Dingzhou City, Hebei Province (hereinafter referred to as “the Villagers' Committee”), and smashed the glass, loudspeaker, telephone set and paper money checker, etc., thus causing 2,012 Yuan of economic losses to the Villagers' Committee, therefore, his acts had violated Article 275 of Criminal Law of the People's Republic of China, and constituted the crime of damaging public or private properties. The Procuratorate requested Dingzhou Court to make a judgment in accordance with the law. 河北省定州市人民检察院向定州市人民法院提起公诉,指控被告人邹全保于1999年4月11日下午5时许,酒后闯入本村村委会,砸碎玻璃,砸坏扩音器、电话机、验钞器等,给村委会造成经济损失2012元,其行为触犯《中华人民共和国刑法》第二百七十五条,构成毁坏公私财物罪,请求依法判处。
Zou contended: it was true that I smashed some of the things of the Villagers' Committee, but I did not smash so many things. 被告人邹全保辩称:我砸了村委会是事实,但是没有砸那么多东西。
三年不开张,开张吃三年

It was verified by Dingzhou Court: In April 1993, Zou was in dispute with the other party due to delayed payment under a sales contract. Upon conciliation by the People's Court of Ninghe County, Tianjin Municipality (hereinafter referred to as “Ninghe Court”), Zou agreed to pay the money owed to the other party by April 30, otherwise he would offset the debts with his three 3-ton aluminum wine pots that were sealed up by Ninghe Court. However, Zou refused to implement the conciliation document by Ninghe Court after it had been served. In the September of the same year, upon application by the other party, Ninghe Court issued a notice for execution, and decided to proceed with coercive execution, when the notice was ignored. When the executors arrived in Gedatou Village, Zhoucun Township, Dingzhou City (hereinafter referred to as “Gedatou Village”), Zou stayed away for elusion. Thus, in accordance with the law, the executors required the Villagers' Committee to assist in the execution, and the cadres of the Villagers' Committee led the executors to Zou's wine manufactory. Then, under the circumstance that the cadres of the Villagers' Committee were on the scene, the executors put the three 3-ton aluminum wine pots sealed-up onto the truck and took them away. The executors also required the cadres of the Villagers' Committee to notify Zou to go through the corresponding formalities in Ninghe Court. After Zou came back, he blamed the cadres of the Villagers' Committee for their assisting a court of other place in the execution with the reason that the executed properties were too much more than the debts he owed to the other party. Then Zou unreasonably required the Villagers' Committee to compensate his “losses”, instead of filing an appeal or going through formalities in Ninghe Court. Zou nursed a grudge against the Villagers' Committee ever since. He refusing to hand in grain tax for three successive years to show his protest, and threatened for many times to retaliate. At about 5 o'clock on the afternoon of April 11th of 1999, Zou intruded into the Villagers' Committee after drinking wine, and smashed 14 pieces of glass, the loudspeaker, telephone set, paper money checker, aluminum pot, iron stove, desks and chairs, etc. in the office, and burned the account card for family planning, thus causing 2,012 Yuan of economic losses to the Villagers' Committee.
......

 定州市人民法院经审理查明:1993年4月,被告人邹全保因与他人发生购销合同逾期付款纠纷,经天津市宁河县人民法院调解,邹全保同意在4月30日前给付所欠对方的货款,逾期给付则以被宁河县人民法院查封的3个3吨铝酒罐抵顶此债务。宁河县人民法院的调解书送达后,邹全保不予履行。同年9月,宁河县人民法院应对方当事人的申请,在发出执行通知无效后,决定强制执行。执行人员抵达定州市周村乡疙瘩头村后,邹全保外出躲避。执行人员逐依法要求周村乡疙瘩头村村委会协助执行。村委会干部将执行人员带领到邹全保的酒厂,执行人员在村委会干部在场的情况下,将已查封的3个3吨铝酒罐装车拉走,并要求村委会干部转告邹全保到宁河县人民法院办理相应手续。邹全保回来后,以被执行的财产远远超出其所欠对方债务为由,责怪村委员干部不该协助外地法院执行,无理要求村委会给其赔偿“损失”,却不去宁河县人民法院申诉或者办理手续。为此邹全保一直对村委会耿耿于怀,连续三年以不交公粮表示抗议,并且多次扬言报复。1999年4月11日下午5时许,邹全保酒后又闯入村委会,砸碎了窗户玻璃14块,砸坏办公室内的扩音机、电话机、验钞器、铝壶、铁炉子和桌椅等,烧毁计划生育帐卡,给村委会造成经济损失2012元。
......

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