then fell on the amount of attempted theft

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Defense lawyer: a huge amount of theft, lack of legal basis
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For the outcome of the trial court, defense lawyer Liu Yuan Yuan, Lv Mengxiang raised an objection. The focus, then fell on the amount of attempted theft, whether it is 300,008 dollars.
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Lvmeng Xiang said: Liu Yuan Yuan huge amount of theft, the lack of evidence to support the plot and legal basis.
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Lvmeng Xiang explained: "Liu Yuan Yuan first test with the debit card, the maximum input of 2,000 yuan, which shows that he did all the cash in the ATM machine at the prosecutor wanted the transcripts of his inquiry, he (Liu Yuan Yuan) also refer to themselves. just want to gather travel money.
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Therefore, Lvmeng Xiang pointed out: "Liu Yuan Yuan on subjective, not intentionally, the possession of two ATM machines within 30 million in cash ideas."
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Meanwhile, in that trial,  the Wuxue City People's Hospital, Hangzhou Ankang Hospital's two medical certificate, submitted as evidence to the court. said: "Objectively, Liu Yuan Yuan can not use a small pair of scissors, debit cards, cash was stolen ATM machine inside."
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Lvmeng Xiang aim is to prove that:. ". Liu Yuan Yuan is Oufan, and malice is not at the same time, Liu Yuan Yuan have mental disorders and poor mental condition, we can not bear full criminal responsibility."
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Father
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Liu Yuan Yuan was born in October 1986, he was the only son of parents. Father Liu Tong Jin, mother Zhangfu Zhen, are ordinary farmers in Hubei Wuxue Asan village Shifosi town.
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After learning that his son suffers from mental problems, parents never go out to work. However,http://182.92.100.242/qiongyoucms/forum.php?mod=viewthread&tid=1387762, Liu Yuan Yuan remained indifferent to them.
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So far, Liu Jintang still clearly remember, last September,http://120.24.58.30/read.php?tid=7872964&ds=1, Liu Yuan Yuan quit Wuxue City, a hotel waiter job, decided to work in the southern scene.
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"My mother does not agree with him, that child is too stubborn, to the big city to work will suffer," Liu Jintang told reporters, "As a result, Yuan Yuan for a few days and we speak also always a small matter to get angry. "
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So that, before Liu Yuan Yuan to Hangzhou, the parents knew nothing. In early October day, Liu Yuan Yuan suddenly walked out, "he left a note, telling us that he went to Hangzhou to work," busy with farm work, Liu Tong Jin did not think, "out in front of him is not much money to take, we thought that he will be back soon. "
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But the unexpected happened, on October 22,air jordan homme pas cher, 2008, Zhang Fuzhen Hangzhou Riverside District Detention Center received a phone.
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That day, it was raining Asan village, Zhang Fuzhen pale rushed out of the house, and ran toward the field. "Trouble! Son in trouble!"
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She had been scared the whole body melted phone content, not in the field ran a few steps, heavily planted in wet soil, "Son offender, was arrested! You go and listen to the phone."
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Liu Jintang looked at his wife's mouth covered with mud, a long while back,http://huxijianfei.com/forum.php?mod=viewthread&tid=587844, but God ......
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Lawyers argue case
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Such cases should be judged:
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Hangzhou five of the director of law firm, level letter to the reporter's lawyer Tong Songqing
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This case is not the same and Xu Ting, Xu Ting ATM machine to take the money because the machine is broken, so we pilfering. But this case is not in the case of pilfering money. Both dangers and nature is completely different, like a forgotten wallet removed the others, one is forced open to others lockbox money.
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Bring tools premeditated crime of theft, of course, she was sentenced. Are sentencing abnormal weight? I think it is appropriate. Here we must consider two episodes, the first episode is the amount of theft, Liu pry the two ATM machines, the amount of three hundred thousand, a huge amount of theft,scarpe hogan donna, the minimum sentence is life imprisonment, the maximum sentence is the death penalty.
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Of course we have to consider the second episode is attempted theft, according to the provisions of the criminal law General, can reduce or lighter punishment. Alleviate a file that is between five years and ten years in prison sentencing, irreducible,louboutin pas cher, and otherwise in violation of the criminal law. So finally given a ten-year term of imprisonment, which is appropriate.
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For this type of judicial decision in the case is currently less controversial. But when the legislation obviously is not much consider the case of ATM machines often stolen. Laws always lag. 97 years ago, when the legislation is mainly on account of theft wallet to the death penalty and stolen wallet can only financial institutions, so theft of financial institutions were liable to capital punishment.
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10 years of practice has proved that the case of the theft of wallet may only appear in American movies. But ATM machine theft actually occurs frequently, even if Accomplished theft case, under the law, is no period between the death penalty should still overweight, the law does not before the changes can only use this heavy penalties.
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In fact, the case reminds us of the theft of financial institutions to re-examine this heavy penalties. There are likely to occur in the future.
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Should such a case sentence:
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Hangzhou day letter Lawyer He Changming say
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For the case of the decision, there are lawyers put forward different views.
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He Changming lawyer said: "If in the context of the establishment of the theft, then according to the ATM machine built some cash, to assess the amount of the attempted theft, and that there should be no problem."
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But He Changming lawyers still believe: Liu Yuan Yuan should be acquitted. "The reason is precisely that theft of this case does not hold."
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He Changming said the lawyer: "a small folding scissors, is strong evidence of theft does not stand!"
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"They all know, ATM machine belonging to highly sophisticated, rugged machine, would like to use a small pair of scissors and a debit card, it will be cash inside the ATM machine removed,http://ddst310.us23.iisok.net/forum.php?mod=viewthread&tid=405455, is clearly impossible,http://www.1517088.com/forum.php?mod=viewthread&tid=1394618&extra=," He Changming lawyer stressed that " In law, this behavior is known as 'significant impossible'. "
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"The defendant's conduct, as if someone with a slingshot, on the day of the shooting and shouting 'I want to play down the plane!'" He Changming says,http://bbs.shexiangjiw.com/forum.php?mod=viewthread&tid=1724600, "Is this person should be a 'threat to public safety crime' was sentenced to you?"
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said: "In contrast to this case, Liu Yuan Yuan from the behavior point of view, he is doing this ridiculous thing."
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"Liu Yuan Yuan was diagnosed with mental disorders, mental and only 65 percent of normal, he would think that holding a small pair of scissors and a debit card can be stolen cash from the ATM machine, the" He Changming believes that "at the time of the judgment, the judge adopted only evidence that he bears full criminal responsibility. "
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"But in judicial practice, people's perception of water products, mental problems, should be taken into consideration category." He Changming said.
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Therefore, He Changming lawyers believe that the focus of the case, not the amount of attempted theft amount given, "the defendant's cognitive level, should be the focus of the debate."
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Case Link
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Case I: June 21,http://bbs.2twan.com/forum.php?mod=viewthread&tid=480681&fromuid=57389, 2007 night, Jilin Li Shicheng man, 40 years old, unemployed. Anhui to Shanghai night just to make a living. Because no money, wanted to use the road,louboutin pas cher, picked up a kitchen knife to pry open the bank's ATM machine to steal money.
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Evening 22:30 assigned to 23 am, Li Shicheng has sneaked Xinzha,ralph lauren pas cher, within three self-service banking Nanjing West Road, with a kitchen knife on the two banks depository multimedia terminals and a bank with a cash of RMB 61350 (within Yuan) be destroyed burglary, attempted theft of the machine inside the money. But did not do so prized open.
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After police arrived on the scene, Li Shicheng knife and want to cut police,http://www.wxjuran.com/forum.php?mod=viewthread&tid=1120821&extra=, he was arrested on the spot uniforms. The court ultimately sentenced him to prison for robbery four years and six months.
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Case II: May 22, 2007, Tianjin Yu Li, in the east zone of a bank check out the location found that this savings bank subsidiary rooms were damaged rear window, and the window of the iron fence can be removed. Yu Li see take advantage of, they take advantage of the morning, carrying pliers, screwdriver and other tools of crime, take pry iron fence, drilling window burglary and other means to enter the bank.
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ATM machine keys found in the locker room as a staff employee pants pocket, opened the door, the face value of 50 yuan deposit box forced open, stealing 4,450 yuan. The face value of 100 yuan deposit box did not pry.
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Court for theft sentenced the man sentenced to 4 years imprisonment and fined 5,000 yuan.
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Case 3: November 2006 21 at 9 am, Cantonese , since no money to spend then sneaked located Cycling ABC Trade City Xiashan Street branch in Shantou, ATM machines at the entrance, see no one around, then carrying a fruit knife with a sled ATM machines (memory cash 57,600 yuan) a note inside the mouth ready to cash stolen in the process skid is the bank security guards and arrested by the police found and seized the tools of crime fruits a knife.
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Court to theft (attempted), sentenced Wu Zhenqin year imprisonment and fined five thousand yuan.
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