China News Service, Hangzhou, April 22 (Reporter Guo Qiyu) The Zhejiang Provincial High People's Court on the 22nd trial sentenced the defendant Wang Cunyi to intentionally kill, rob, and endanger public safety by dangerous methods (appeal). The judgment dismissed Wang Cunyi's appeal and upheld the first instance. Sentencing the death penalty. The Zhejiang High Court submitted the death sentence of the appellant Wang Cunyi to the Supreme People's Court for approval.
The first instance of the Ningbo Intermediate People's Court found that on the afternoon of October 6, 2018, the defendants Wang Cunyi and Chen Mou, who were drinking and entertaining in Beilun District of Ningbo City, broke their foreheads and then were sent home. At about 18 o'clock that night, Wang Cunyi found that his forehead was injured at home, and suddenly thought of revenge, he went to the community entrance supermarket to buy two fruit knives to Chen's house. Seeing Chen's absence, Wang Cunyi stabbed Chen's mother's chest and back with a knife, causing serious injuries.
The scene of the second instance trial. Photo courtesy of Zhejiang High Court
Misunderstood that Chen ’s mother had been killed, Wang Cunyi then made a bigger incident to retaliate against society. After robbing the vehicle at the door of the community, he drove to multiple scenes and carried out collisions with others, hacking with a knife, robbing the vehicle, and robbing money. A series of criminal acts such as discarding and chopping vehicles have caused extremely serious criminal consequences of 3 deaths, 4 serious injuries, 7 minor injuries and huge property losses.
After hearing in accordance with the law, the Ningbo Intermediate People ’s Court punished several crimes of intentional homicide, robbery, and dangerous methods of endangering public safety, sentenced him to death, and deprived him of his political rights for life. Wang Cunyi refused to accept and appealed to the Zhejiang High Court.
During the second instance trial, the appellant Wang Cunyi and his defender issued the reasons for the appeal and the defense opinions. The Procurator General of Zhejiang Provincial People ’s Procuratorate Jia Yu expressed his opinion on behalf of the procuratorial organ that the fact that Wang Cunyi committed the crime of intentional homicide, robbery, and endangering public safety by dangerous methods was clear, the evidence was sufficient, and the crime was extremely serious. If a crime is punished, the death penalty shall be imposed according to law, the sentence shall be appropriately punished, and the punishment shall be punished.
At the same time, Jia Yu said that in terms of the qualitative and sentencing of some acts, the defendant ’s property robbery and discarding act near the Duoziling Tunnel was determined to be a crime of robbery, which should be considered as an integral part of the crime of endangering public safety by dangerous methods. It is recommended that the sentencing sentence for the crime of robbery in the first instance judgment be changed according to law.
After deliberation by the collegial panel of the court, the trial committee held that the appellant Wang Cunyi used violent means to rob a motor vehicle worth 36,700 yuan for the purpose of illegal possession, which constituted a crime of robbery. However, the original judgement found that Wang Cunyi had seized 56,000 yuan worth of cars and other property at the entrance of Duoziling as an improper characterization of robbery, and should be characterized by the crime of endangering public safety by dangerous methods according to law. The original judgment determined that the amount of robbery was huge and inappropriate and should be corrected according to law.
The second trial of the Zhejiang High Court held that Wang Cunyi ’s criminal motives are particularly despicable, subjectively extremely vicious, socially hazardous and personally dangerous. Although there is a plot to surrender, it is not enough to punish him accordingly. The reasons why Wang Cunyi and his defenders requested lenient punishment for Wang Cunyi could not be established and would not be accepted. The opinions of the prosecutors in court were established and accepted. The original conviction was correct, and the sentencing and civil awards for crimes of intentional homicide and crimes of endangering public safety by dangerous methods were appropriate. The trial procedure is legal. Only the improper sentencing of the crime of robbery should be changed according to law.
In the end, the second trial decision of the Zhejiang High Court rejected Wang Cunyi's appeal, revoked the sentencing sentence against Wang Cunyi's robbery, and upheld the rest of the sentence. Wang Cunyi was guilty of robbery, sentenced to seven years ’imprisonment, deprived of political rights for one year, and fined RMB 20,000. He was sentenced to life imprisonment for intentional homicide, deprived of political rights for life and endangered public safety by dangerous methods. Capital punishment, deprivation of political rights for lifelong punishment, decided to execute the death penalty, deprivation of political rights for life, and a fine of 20,000 yuan. (Finish)