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Shanghai No.2 Intermediate People's Court

criminal judgement

(202 1) Shanghai 02 No.289.

The original public prosecution agency was the People's Procuratorate of Yangpu District, Shanghai.

Appellant (defendant in the original trial) Wang Qiang, male, born in Shanghai on February 5, 1974, Han nationality, unemployed, lives at No.32, Lane 0/08, Songpu South Road, Shanghai, and now lives in Room 50 18, Lane 55, Memorial Road, Shanghai. In August, 20 14, he was sentenced to two months' criminal detention and fined RMB 2,000. He was criminally detained on July 6, 2020 on suspicion of running a casino, and was arrested on August 10 of the same year. He is currently being held in Shanghai Yangpu District Detention Center.

Defender Lin Ziyun, lawyer of Shanghai Zhendan Law Firm.

Appellant (defendant in the original trial) Lu Youdong, male,1born in Shanghai on May 25th, 1975, Han nationality, unemployed, lives at No.621Qicheng Village, Yangang Town, Shanghai, and now lives in Room 508, No.326, Zhapu Road, Shanghai. 1July 1994 was sentenced to three years' imprisonment for committing theft; June 2065438+03 was sentenced to one year and six months in prison for committing intentional injury. He was criminally detained on July 6, 2020 on suspicion of running a casino, and was arrested on August 10 of the same year. He is currently being held in Shanghai Yangpu District Detention Center.

Defender Qian, lawyer of Shanghai Dagong Law Firm.

The defendant in the original trial, Wang Jing, female, was born in Yinxian County, Zhejiang Province on June 1976 1 1, Han nationality, unemployed, living in Room 503, No.32, Lane 550, Hua Yao Road, Shanghai, and now living at No.600, Xuchang Road, Shanghai. He was criminally detained on July 6, 2020 on suspicion of running a casino, and was arrested on August 10 of the same year. He is currently being held in Shanghai Yangpu District Detention Center.

Shanghai Yangpu District People's Court heard the case that Shanghai Yangpu District People's Procuratorate accused the defendants Wang Jing, Wang Qiang and Lu Youdong of opening a casino, and made a criminal judgment of (2020) Hu 01KLOC-0/65438 on February 29, 2020. Defendants Wang Qiang and Liu Youdong in the original trial refused to accept the appeal. Our college has formed a collegial panel according to law. After reading the newspaper, interrogating the appellant and listening to the opinions of the defenders, we decided not to hold a court session to hear the case. The trial is now over.

Shanghai Yangpu District People's Court based on the defendant's confession, the testimony and identification records of witnesses Feng Shasha,,,,,, Wang, Shen, Gu Congle, as well as the work record, case handling record, inspection record, evidence preservation list, confiscated goods list, administrative penalty decision, withdrawal record of public security organs, etc.

On June 22, 2020, the defendant Wang Jing and Lao Wu agreed to open an online "Baccarat" gambling place in Room 23 10, No.65438 Xuchang Road, Yangpu District, the city rented by Wang Jing, and the defendant Lu Youdong was instructed by Lao Wu to provide a "Baccarat" account and distribute banknotes to make online bets for gamblers in the casino. Defendant Wang Qiang, in the absence of Liu Youdong, was responsible for "receiving peace" for gamblers, settling gambling funds and placing online bets for gamblers.

After one week's operation, Jing Wong paid Liu Youdong 1 a royalty of 2‰ of the code washing amount, 950 yuan. On July 5 of the same year, at about 2: 00-0: 00, the police of Yangpu Branch of Shanghai Public Security Bureau inspected the scene and arrested the defendants Wang Jing, Lu Youdong, Feng Shasha and others, and seized 26,000 yuan of banknotes, computer boxes, televisions and some gambling funds from the gambling personnel, which have now been confiscated.

The Yangpu District People's Court held that the defendants Wang Jing, Wang Qiang and Lu Youdong jointly opened a casino for others to gamble for the purpose of making profits, and the circumstances were serious, which constituted the crime of opening a casino. In accordance with the provisions of Article 303, paragraph 2, Article 25, paragraph 1, Article 52, Article 53 and Article 64 of the Criminal Law of People's Republic of China (PRC), the defendant Wang Jing was sentenced to three years and six months' imprisonment and fined RMB 30,000, and the defendant Lu Youdong was sentenced to three years and six months' imprisonment. Confiscate the mobile phone involved; The defendants Jing Wong, Wang Qiang and Lu Youdong were ordered to pay back the illegal income.

The appellant Wang Qiang appealed that the original sentence was too heavy.

Wang Qiang's defender had no objection to the main facts and charges identified in the original judgment, but suggested that Wang Qiang played a secondary role in the joint crime and made no profit, so he should be regarded as an accessory. The original judgment gave a heavier punishment and a lighter punishment to Wang.

The appellant Lu Youdong appealed that he was an accessory and the sentence in the original trial was too heavy.

Lu Youdong's defender had no objection to the charges found in the original judgment, but suggested that Lu Youdong was instructed to participate in the opening of a casino and played a secondary role in the accomplice's crime, and should be regarded as an accessory, requesting the court of second instance to reduce the punishment for Lu.

The facts and evidence ascertained in the second instance of our court are the same as the original judgment.

We believe that the appellant Wang Qiang, Lu Youdong and the defendant Wang Jing in the original trial jointly set up a casino for others to gamble for the purpose of making profits, and their actions have constituted the crime of setting up a casino, and the circumstances are serious. According to the testimony of relevant witnesses and the confession of the defendant, it can be confirmed that Wang Qiang and Lu Youdong's role in the joint crime of * * * is not secondary or auxiliary, and they cannot be regarded as accomplices. According to the criminal facts, circumstances, degree of harm to society, position and role in joint crime and attitude of pleading guilty of the appellant and defendant in the original trial, the original judgment was not improper and the trial procedure was legal. Therefore, our court does not support the arguments of Appellants Wang Qiang and Lu Youdong and the relevant defense opinions of defenders. In accordance with the provisions of Item 1, Paragraph 1, Article 236 of the Criminal Procedure Law of People's Republic of China (PRC), the ruling is as follows:

Reject the appeal and uphold the original judgment.

This is the final verdict.

Chief umpire Dong Wei

Judge Sun Ye.

Judge Zhang Pengfei.

202 1 mar18th.

Bookkeeper Zhang Guanwen

Article 236 of the Criminal Procedure Law of People's Republic of China (PRC), the people's court of second instance shall, after hearing the case of appeal or protest against the judgment of first instance, deal with it according to the following circumstances: (1) If the original judgment finds the facts and applicable laws correct and the sentence is appropriate, it shall rule to reject the appeal or protest and uphold the original judgment; ……

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