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Guiding Case No. 14: People vs. Dong and Song (case of robbery)
  • Type of Dispute: Criminal-->Property Infringement
  • Legal document: Judgment
  • Judgment date: 05-10-2011
  • Procedural status: Trial at First Instance

Case of robbery committed by Dong and Song 指导案例14号:董某某等抢劫案
(Issued on January 31, 2013 as adopted by the Judicial Committee of the Supreme People's Court after deliberation) (最高人民法院审判委员会讨论通过 2013年1月31日发布)
Guiding Case No. 14 指导案例14号
Keywords: 关键词
criminal; crime of robbery; juvenile crime; injunction 刑事 抢劫罪 未成年人犯罪 禁止令
Key Points 裁判要点
The “injunction” may apply to a juvenile defendant who is sentenced to control or granted probation according to the specific circumstances of a crime he or she has committed and the relevance of matters prohibited and crime committed. Where a juvenile is induced to commit a crime due to surffing the Internet, he or she may be prohibited from entering Internet bars and other specific premises within a prescribed time limit. 对判处管制或者宣告缓刑的未 成年被告人,可以根据其犯罪的具体情况以及禁止事项与所犯罪行的关联程度,对其适用“禁止令”。对于未成年人因上网诱发犯罪的,可以禁止其在一定期限内进入网吧等特定场所。
Relevant Legal Provisions我我我什么都没做 相关法条
Paragraph 2, Article 72 of the Criminal Law of the People's Republic of China
Basic Facts 基本案情
Defendants surnamed Dong and Song (17-years-old at that time) were indulged in video games. They usually went to Internet bars together and frequently stayed out all night. Around 11:00 on July 27, 2010, because their expenses for surfing the Internet were all used up in the Internet bar, the two defendants, in collusion with Wang (who did not attain the age for criminal liability when he committed the crime), went to the fitness equipment area in the Hongqi Commodity, Pingdingshan City, Henan Province, robbed victims surnamed Zhang and Wang by holding a knife, and snatched 5 yuan in cash and one mobile phone away from Zhang. Afterwards, they sold the robbed mobile phone and used the illegal proceeds to log on to the Internet. 被告人董某某、宋某某(时年17周岁)迷恋网络游戏,平时经常结伴到网吧上网,时常彻夜不归。2010年7月27日11时许,因在网吧上网的网费用完,二被告人即伙同王某(作案时未达到刑事责任年龄)到河南省平顶山市红旗街社区健身器材处,持刀对被害人张某某和王某某实施抢劫,抢走张某某5元现金及手机一部。后将所抢的手机卖掉,所得赃款用于上网。
Judgement 裁判结果
On May 10, 2011, the People's Court of Xinhua District, Pingdingshan City, Henan Province rendered a criminal (No. 29 [2011], First, Criminal Division I, Xinhua) finding defendants Dong and Song guilty of the crime of robbery, sentencing them to a fixed-term imprisonment of two years and six months, with a reprieve of three years respectively, and imposing a fine of 1,000 yuan upon them. At the mean time, Dong and Song were prohibited from entering Internet bars, video game rooms and other premises within 36 months. After this was pronounced, the two defendants did not appeal and this has come into force. 河南省平顶山市新华区人民法院于2011年5月10日作出(2011)新刑未初字第29号刑事判决,认定被告人董某某、宋某某犯抢劫罪,分别判处有期徒刑二年六个月,缓刑三年,并处罚金人民币1000元。同时禁止董某某和宋某某在36个月内进入网吧、游戏机房等场所。宣判后,二被告人均未上诉,判决已发生法律效力。
Judgement Reasoning 裁判理由
In the effective , the court held that: Defendants Dong and Song, for the purpose of illegal occupation, robbed other person's property by means of violence and threat, whose acts have constituted the crime of robbery. Seeing that Dong and Song committed the robbery by holding a knife; when they committed the crime, both of them were under 18 years old, it was their first crime, and after being captured, they had good attitude in confession and repentance, and that Song was a student, they satisfied conditions for probation. The court decided to sentence the two defendants to a fixed-term imprisonment of two years and six months, with a reprieve of three years. Considering that the defendants were induced to commit robbery for expenses for going to the Internet bar, they were indulged in video games for a long period and Internet bars and other premises had close contacts with the crime they committed; if the defendants were isolated from premises that induced them to commit a crime, it would facilitate their parents and communities to effectively educate them during the probation period so as to prevent them from committing crime again; and whey they committed the crime, they were under 18 years old and they had poor self-control, if the applied term of the injunction was determined to three years the same as that of probation, it would be good for them to be reformed. Therefore, in the , the two defendants were prohibited from entering Internet bars and other specific premises during the period of probation. 法院生效裁判认为:被告人董某某、宋某某以非法占有为目的,以暴力威胁方法劫取他人财物,其行为均已构成抢劫罪。鉴于董某某、宋某某系持刀抢劫;犯罪时不满十八周岁,且均为初犯,到案后认罪悔罪态度较好,宋某某还是在校学生,符合缓刑条件,决定分别判处二被告人有期徒刑二年六个月,缓刑三年。考虑到被告人主要是因上网吧需要网费而诱发了抢劫犯罪;二被告人长期迷恋网络游戏,网吧等场所与其犯罪有密切联系;如果将被告人与引发其犯罪的场所相隔离,有利于家长和社区在缓刑期间对其进行有效管教,预防再次犯罪;被告人犯罪时不满十八周岁,平时自我控制能力较差,对其适用禁止令的期限确定为与缓刑考验期相同的三年,有利于其改过自新。因此,依法判决禁止二被告人在缓刑考验期内进入网吧等特定场所。
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