courtroom correspondent Ji Qiang photo
brother when the brother’s home when the silver front
Henan astronomical tolls case retrial commuted
Henan Daily News (correspondent Ji Qiang) yesterday morning, Henan, “3.68 million price tolls case” in Lushan County, Henan Province People’s Court for retrial hearing. After nearly four hours of trial, the court gave their verdict, the defendant, when the construction front, military front when the two brothers were jailed for two and a half and seven years. After the verdict, said no appeal when the construction front, when the military front is not as clear.
9:00, the media in more than forty witnesses, this sensational price from tolls in the case of Lushan County People’s Court for retrial. Court found, in early 2008, defendant Junfeng sand business operators, to lie to avoid highway tolls, has to find armed police unit cadres Li Jinliang, Zhang Xintian (are handled separately), and obtained forged by Li Jinliang armed police vehicle license plate, armed police vehicle driving license, driver’s license, permit, and disposed of soldiers armed police sent a car to one and other items.
2008 年 5 4 to January 1, 2009, defendant used the fake military license plate front and two “STEYR” brand truck, by Zheng Yao high-speed delivery of river sections the sand. Audited by accounting firms in this period, the suspension “WJ19-30055″, “WJ19-30056″ license plate of the two trucks in a total of 2363 Zheng Yao highway traffic times, cheat-free highway tolls (in accordance with approved load calculation) Total 492,374.95 yuan.
defendant knowingly built in front of vehicles used by armed forces of Lassa vehicle license plate, forged documents, etc in the case, starting from the end of October 2008 to participate fully in battlefield operations. Audited by accounting firms, November 1, 2008 to January 1, 2009, two cars were cheated highway toll-free (in accordance with approved load calculation) Total 117,660.63 yuan.
2009 年 7 1st, Henan Zhongyuan Expressway Co., Ltd. Pingdingshan branch to public security organs. Public security organs in the process of investigating the matter, the defendant Aleutian, Ming-Wei Wang Junfeng by the defendant made the instigation of perjury.
2011 年 1 15, when the military front the accused gave himself up to the public security organs.
court that the defendant, when the military front, built when the front vehicle number plate armed with fake soldiers and fake certificates, military vehicle driver’s license, driving license and sent a car to set aside a single delivery of sand, lie toll-free highway, a huge sum, his behavior constituted fraud. Defendant Aleutian, Ming-Wei Wang has an important bearing on the case of the plot deliberately false evidence, conceal evidence, which constituted perjury.
12:50 yesterday, the judge sentenced the defendant to defraud the military front in prison for seven years and fined 50,000 yuan; sentenced to two years imprisonment for six months when the building front and punishment gold, 1 million; to perjury were sentenced to remain Shen, Ming-Wei Wang to one year imprisonment suspended for one year.
decision, except when the military front have not been clear, the three were said not to appeal.
no one scene
Lushan in Henan province procuratorate brought the indictment, the publicity of the case 38 witnesses, but in yesterday’s courtroom, 38 witnesses to testify without a scene. Defense counsel Mr Patrick Wong’s speech, has 10 times by the trial judge to “speak a simple generalization can be” as an excuse to interrupt.
issue for undocumented people to the scene, Mr Patrick Wong expressed frustration and regret. Mr Patrick Wong said in a hearing before the court for witnesses in this case he had to appear in court, but failed.
publicity in the prosecution’s 38 witnesses, when the construction front, the big brother when the military front are out of them when the silver peak, but in the course of the trial yesterday, when silver was arranged to sit the last peak in the second row of the gallery. “No one informed me appear as a witness, nor any oral messages by telephone or public security told me 15 to hearing the news.”
Mr Patrick Wong a defense in the process, it has been in the public gallery applause, immediately led to tension in court bailiffs. Speaking of the trial judge had repeatedly interrupted defense speech concerned, Mr Patrick Wong said that is unfair. “The prosecution of all the speakers, none was interrupted.” He said with a smile judge interrupted the defense of their own have a certain influence.
correspondent Ji Qiang
family said it would appeal
“not satisfied, very satisfied!” After the trial, almost be pushed outside the court when the silver front shouted to reporters. For the two brother’s decision, he thought that the heavy sentence. “The second (when the building front) should be released immediately.”
her arms as two brothers prepared cotton-padded shoes and clothing, when the silver front, said emotionally, as early as 14 pm, he know this verdict. Immediately, he explained to reporters last night, a friend from the mouth of Zhengzhou, though not accurately informed of the results, but also no less, “he told me three years to build front may result, sentenced to two and a half; when Junfeng may be five to seven years, the results sentenced to seven years. “Subsequently, a number of reporters asked him about the” Zhengzhou friend “of the antecedents, he shook his head can not say all.
silver front when the firm also said the two brothers will continue to beg for justice, “the appeal will certainly appeal statement does not appeal, even her second child, I will appeal.”
when the silver front, told reporters the day of trial, a total of more than a dozen relatives to come to attend, “but take their arrangements to the last few rows, They can not see.” verdict for the retrial, yesterday afternoon back home, he said Yuzhou not tell seventy years old mother. “If asked to say, for fear she can not afford.”
prosecution doubts astronomical tolls “shrink” overloading fines removed, leaving only the basic toll
Henan Daily News (correspondent Ji Qiang) price for the toll of social concern “shrink” three millions of great changes, the prosecutor in the courtroom yesterday, gives a detailed explanation, saying only shrink the amount of cheat-free after The basic toll. Henan Province in the gallery within an indictment of procuratorate Director Meng Guoxiang said, this has shrunk the amount of alleged fraud, prosecutors reflects a realistic attitude, the right to respond to the community’s concerns.
According to reports, when the military front, who used fake military license when there is a serious overloading of Lassa, highways party billing method in accordance with the penalty to impose a surcharge, the amount previously recognized in the very part of a large amount of a fine nature.
the prosecution explained that, due to overloading and subject to the toll itself has a certain penalty, should not be repeated in a criminal case evaluation.
In addition, the prosecution also said that the defendant subjectively toll free cheat cheat free on the “toll” rather than “punishment fee” penalty fees will be counted the same principle does not meet the objective and subjective . Behavior of fake military vehicles to take the case of deception, is to lie on its subjective toll free highway to obtain property interests, subject to overloading due to violation of the toll amount is not on the subjective knowledge of, nor can add penalty amount received as to identify the amount of crime.
Finally, due to overloading and not subject to toll fraud and the victim was a direct result of the loss of property, should not be counted as the amount of crime.
defense counsel: decision, I almost fainted
15 defense in order to have a more wonderful speech, hearing before the military front, when the defense lawyer, law firm in Beijing Yijia Mr Patrick Wong specifically a lot of sound Huang dose pill. But when the judge announced the verdict, the frustration, he told reporters, “to hear the verdict, I almost fainted.”
“first see when the military front, come dressed in cotton, and later looking forward to wearing a suit to defend him again and again, to think to wear short sleeves to defend him, and did not expect to drag now, I saw wearing a coat when the military front. “Mr Patrick Wong said with emotion.
Mr Patrick Wong that’s Procuratorate, as the prosecution, in the course of the trial, did not show strong evidence that when the military front have committed fraud. “I still insist, even if the lie is convicted toll-free, then pay when Junfeng bear civil liability only and does not constitute criminal fraud. Calmly speaking, when the military front have voluntarily surrendered themselves, and prosecution of others have said great merit, but there are seventy home mother, there are three minor children, should not be sentenced to such a weight. “Mr Patrick Wong said he expected the court to the ideal in declaration of guilt, acquittal.
in Mr Patrick Wong’s view, if the toll-free fraud will be sentenced in fraud case, “then break at the toll station of those who post, is not it should be sentenced for robbery?”
attention to this case from the beginning of this year as the military front, when the attorney has been Mr Patrick Wong has been committed to doing its innocence. Although the military front when the retrial was sentenced to seven years, but Mr Patrick Wong said, will be respected, based on the military front, I will fight for the opportunity to appeal.
time of the incident involving high fees approved yet?
military front in the last defense of the process of not guilty, defense counsel presented evidence of Mr Patrick Wong, Zheng Yao said the case involved the highway, during the incident in 2008, completed not completed and do not have charges related to approval.
2009 年初 According to local media reports, Henan, with Pingdingshan Shiren Mountain Lushan County to restore the original name of the Yaoshan, connected to the Shiren Mountain Zhengzhou Zheng Shi in the year changed its name to high-speed high-speed Zheng Yao.
Mr Patrick Wong to produce evidence, seen in a newspaper of Henan Zhongyuan Expressway Co., Ltd., 2008 summary annual report, Zheng Shi Expressway is a clear indication of a central Henan Province, radiation planning, as Henan Province, an important energy and tourism fast-track and an important part of the highway network in Henan Province. The report referred to “project in December 21, 2007 was opened to traffic, is about 183 km, 11 toll stations located across the board during the reporting period the project settlement payment 695.1585 million yuan, and the remaining 1,618,283,800 yuan settlement to be paid, the project completion and acceptance of preparatory work in progress. “
In addition, the report also noted” according to the relevant provisions of Henan Province, after acceptance of final completion of the project, the Government will formally approved term of operation of its charges. “
Mr Patrick Wong lawyers so that when the brothers charged with fraud in highway toll-free in 2008, located to the highway incident is not fully completed, and no license fees. “Itself is arbitrary charges, no way to talk about cheating on the problem-free.”
■ behind the scenes
when Jianfeng chicken
“fry” out lawyer
at 14 pm meeting with the construction front, his defense lawyer law firm in Henan Asia-Pacific people Lu Ming Tang said, if 15 retrial sentencing to life imprisonment when the original building front “hundred percent” to commute. But what is puzzling is that 15 the trial began, the original soup sitting on the stage road that has sat in the gallery.
said, according to Lu Ming Tang, 15, to enter the courtroom gallery sat defense, the judge suddenly told, changed his mind when building front, that defense is no longer needed. “At the same show to me, there is also a time to build front by a fingerprint record of inquiry, in which he notes that defense counsel is no longer needed.”
desperation, soup and another road that was built when front of the defense counsel had in the gallery listening to the whole course of the trial. For the day of the verdict, when he built on the front that is not fair. “After reading files from a defender’s point of view, I consider whether it is fraud or a common criminal, he does not form.”
correspondent Ji Qiang
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