The defendant's "heavy sentence

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Changjiang Daily News,chaussure nike air max pas cher
Evidence "Yin Gege butt psychological shadow" have not been adopted; defendant said it would appeal
Granny rider knocked down after. Yesterday, Castle Court of First Instance sentenced Chen Xu of kidnapping five years in prison and fined 1,000 yuan. Chen family that sentencing overweight, decided to appeal. Earlier, the trial lawyer is evidence that Chen Xu made excesses,jordan 4, because after his brother three months ago left him with the butt intimidation shadow. Because of the evidence and the case is not directly related, were not in court.
■ reporter Li? Correspondent Qin France
"I think the sentence was too heavy."
9:00, the last to accept the sentence of a court trial, Chen Xu was bailiff brought into the dock. Chen Fu Chen Xian father could see his son sitting in the gallery silhouette of position, the hand has been in their pockets. He was wearing a dark court wearing that jacket, looked solemn, without saying anything, even more haggard than the last.
The presiding judge read the verdict, after learning that his son is still on charges of kidnapping, but not before looking forward to the probation punishment,http://www.ftcw.net/bbs/home.php?mod=space&uid=1459946&do=blog&quickforward=1&id=5384820, Chen Xian pay up and leave the seat, quietly open the door out of the court.
Reading is completed, the presiding judge asked Chen Xu: "Do you accept the verdict?"
Chen Xu did not like the trial as emotional, but bow silence. The presiding judge asked again, Then he raised his head and softly replied:. "I think the sentence was too heavy."
"Are you appeal?"
Pause for a few seconds, Chen Xu nodded: "I consider the appeal."
Lawyers said Chen Xu family decided to appeal
After being informed enjoy legal rights, and Chen Xu was taken away by bailiffs, the end of the verdicts.
After the presiding judge from the court, Chen Xian Fu was besieged by reporters. "Sentenced to heavy." He did not want to say, represents all listen to lawyers.
"We do not accept this result, it would ruin a college student and he deserved life trajectory." As Chen Xu counsel, Hubei pluripotent Lawyer Hu Yanzhao the United States, said he was on charges of kidnapping have objections,http://www.biscuitrow.com/forum/viewtopic.php?pid=238929#p238929, but also considered too heavy sentencing. Hu Yanzhao the United States said he and Chen Xu's family discussed it, the decision will appeal Chen Xu, requesting court for retrial or commuted to three years in prison.
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Court "appropriate sentences."
Sentenced to five years is the lightest punishment of kidnapping
The defendant's "heavy sentence," said presiding judge has the discretion of their sentences.
He pointed out that the crime of kidnapping is a serious violation of civil rights and property rights of violent crime. For a long time, China's "Criminal Law" provisions constitute the crime of kidnapping that read: "for the purpose of blackmailing others kidnapped or abducted others as hostages,parka moncler, at least 10 years imprisonment or life imprisonment, a fine or confiscation of property. "until February 2009," Criminal Law Amendment (g) "after the implementation of a file sentencing range was increased on the basis of the original, or" less serious, at least 5 years to 10 years imprisonment. "
"But what is 'less serious' and no laws or judicial interpretations to be defined." Said the judge, the defendant Chen Xu knife hijacked female doctor after the formation of confrontation with the police and made the required behavior has constituted illegal kidnapping. But, fortunately, kidnapping others shorter time as a hostage, did not cause serious harm consequences.
In addition,achat air jordan, the defense counsel in the trial's "brother and family experience made him the butt of psychological shadow" and defend opinions, because no direct relation with the case,air jordan solde, the court is not admitted into evidence. But considering  18 years of age, or a college student in school, their control and identification capability is not strong, the court recognized the crime was spur of the moment.
Court then finds its "less serious",nike air max requin,http://swinglife.co.uk/forum/YaBB.pl?num=1413891340/0, sentenced to 5 years. Chen Xu Department arrested before taking in school,http://transformationbodybuilding.com/forum/profile.php?id=56712, no source of income,http://1uquq.com/vb/showthread.php?p=501411#post501411, and family economic difficulties and other factors, it is only an additional punishment shall be fined a minimum of 1000 yuan. We can say that the judgment made by Chen Xu, is the crime of kidnapping in the lightest punishment sentencing results.
But the judge also said,air jordan femme pas cher, "This verdict is only the first instance verdict, the defendant Chen Xu if dissatisfied, can appeal the sentence within 10 days after receipt of the book."
Why sentence "Kidnapping" rather than other crimes
Chen Xu and defense lawyers for the "easy crime" argument and point of view, the court presiding judge straightforward interpretation of kidnapping and illegal detention, disturb the difference between sin trouble, said Chen Xu's behavior should belong to the former.
The presiding judge described, refers to the act of kidnapping people to use violence, coercion or other means, for the purpose of blackmailing others kidnapped or abducted behavior of others as hostages. The crime is committed acts, as long as the actual control of the perpetrator, the victim hijacked consummated would constitute a crime,doudoune monclerc, whether or not the actual perpetrator to extort property or to meet other unlawful requirements necessary condition.
Relatives of the accused after a 82-year-old Chen Xu Fan and disputes arising from hospitalization expenses incurred for leaving the scene, the knife will be a section of a female doctor hostage. Police formed his confrontation with the police and asked them to meet their own demands made illegal, such behavior has been consistent with the "violence, coercion approach others as hostages kidnapped" constituent elements of the crime of kidnapping, illegal detention and not in line or on Elements of the crime provoke trouble,http://www.chrisadamsperfumes.com/index.php?item/create_form/1, it should be convicted and punished the crime of kidnapping.
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Difference disturb the crime and the crime of kidnapping
On the subjective aspects of crime and criminal behavior significantly different. Disturb the crime is the defendant based on the law of contempt, seek mental stimulation, vent intentional, random assault, damage to property or any stir trouble in public places, public places, causing serious disorder behavior. And Chen Xu criminal intent is clearly not that.
Distinction between crime and illegal detention of kidnapping
Mainly in the crime of kidnapping objects and behavior are different. Illegal detention is illegal methods bundling behavior, custody and other deprivation of liberty with the behavior. Illegal detention, restriction of personal freedom is the essence of the objective, the object is to infringe personal rights of citizens,http://imluky.com/viewthread.php?tid=1469461&extra=, namely the right to freedom of movement. The crime of kidnapping violated double object, in addition to physical abuse victims the right to health and personal liberty, and to kidnapping for the purpose of blackmailing behavior also violated the property rights of the victim.
Sentencing difference
Kidnapping
At least 10 years of imprisonment or life imprisonment, a fine or confiscation of property. Less serious, at least five to 10 years in prison.
Illegal detention
Lightest at 3 years of imprisonment,http://bbs.orientalelit.com/home.php?mod=space&uid=108969,nike air requin, criminal detention or control; violence causes injury, disability, death, respectively, intentional assault, intentional homicide on sin.
Disturb the crime
Lightest at 5 years imprisonment,chaussure nike requin pas cher, criminal detention and control, the heaviest 10 years.
Chen Xu was arrested before the Department to consider in school, no source of income and family financial difficulties and other factors, it is only an additional punishment shall be fined a minimum of 1000 yuan. We can say that the judgment made by Chen Xu,air max femmes, is the crime of kidnapping in the lightest punishment sentencing results.
- Judge
I think the sentence was too heavy, and will consider an appeal.
- Defendant Chen Xu
And Chen Xu's family discussed it, the decision will appeal Chen Xu,air max pas chere, requesting court for retrial or commuted to three years in prison.
- Defense lawyer Hu Yanzhao America
(Original title: college hijacked female doctor first instance verdict in the case of kidnapping sentenced to five years)