The people’s Court of Xinzheng City, Henan Province found in the first instance that during the period from March 2013 to December 2013, the construction project Department of 500 kV Kaifeng West substation 220 kV transmission project of Henan power transmission and Transformation Engineering Company (hereinafter referred to as the power transmission and transformation project department) built a high-voltage tower in wapo village, langchenggang Town, Zhongmou County, in which No.
On March 31, 2021, the higher people’s Court of Henan Province made a retrial decision (2020) Xing Shen No.
Later, the court appointed Xinzheng people’s Court of Henan Province to try the case on January 15, 2019, and Xinzheng people’s Court of Henan Province made criminal judgment (2019) Yu 0184 Xing Chu No.
The complainant Zhao Liuzhi and his defender Li Hongchao appeared in court to participate in the proceedings.
On October 14, 2020, the court issued (2020) Yu 01 Xing Shen No.
The people’s Procuratorate of Zhengzhou City, Henan Province appointed procurators Gao Shuangquan and pangli to perform their duties in court.
60 notice of rejection of the appeal.
Zhao Liuzhi, the plaintiff (the defendant of the original trial and appellant of second instance), was born in 1954, and ID number 41012.
5.
Criminal judgment of Zhengzhou intermediate people’s Court of Henan Province (2021) Yu 01 Xing re No.
1.
This case also does not meet the constitutive requirements of the crime of provocation.
581 criminal ruling, revoked the original judgment and sent it back to the people’s Court of Zhongmou County, Henan Province for retrial.
He was criminally detained by Zhongmou County Public Security Bureau on April 10, 2015 on suspicion of extortion and arrested on May 14 of the same year.
Upon the decision of the people’s Court of Zhongmou County, he was released on bail on January 10, 2017.
3.
The trial of this case has been concluded.
Upon the decision of Xinzheng people’s court, he was released on bail on July 22, 2019.
38 tower foundation permanently occupied a total of 0.27 mu of land of the defendants Zhao Liuzhi and Cheng Xiangkui..
The defendant, the first instance defendant (second instance appellant), Cheng Xiangkui, male, born in 1959, has a citizenship ID number 410122…
The defendant in the original trial took the way of obstructing the construction to protect his own rights and interests because he was not satisfied with the compensation for the occupation of his own land.
Zhao Liuzhi refused and appealed to the higher people’s Court of Henan Province.
98, wapo village, langchenggang Town, Zhongmou County, Henan Province.
2 original public prosecution organ Xinzheng people’s Procuratorate of Henan Province.
549 on July 12, 2016.
Provocation generally refers to “the behavior of people seeking stimulation, venting their emotions, being arrogant, making trouble”.
Defender Li Hongchao, lawyer of Beijing Zhenbang law firm.
182 criminal ruling, revoked the original judgment and sent it back to the people’s Court of Zhongmou County, Henan Province for retrial.
He was criminally detained by Zhongmou County Public Security Bureau on April 10, 2015 on suspicion of extortion and arrested on May 14 of the same year.
Note: the content is anonymized, and the text comes from software scanning.
Upon the decision of the people’s Court of Zhongmou County, he was released on bail on January 10, 2017.
283, wapo village, langchenggang Town, Zhongmou County, Henan Province.
On the whole, the behavior of the defendants Zhao Liuzhi and Cheng Xiangkui in the original trial was significantly minor and not harmful, so they were not considered a crime.
538 criminal ruling and upheld the original sentence.
From the perspective of the causes before the incident, this case was caused by the land occupation dispute for a reason, which is not in line with the essential characteristics of the crime of “making trouble without making trouble”; In terms of the process of obtaining property, the compensation is obtained through negotiation.
2.
The defendants Zhao Liuzhi and Cheng Xiangkui in the original trial were not satisfied and appealed respectively.
During the trial of this case, the appellant Cheng Xiangkui applied to withdraw his appeal.
It should not be treated as a crime just because there were defects or improper rights protection behaviors.
545 on April 17, 2020.
On February 28, 2018, the court made (2018) Yu 01 Xing Zhong No.
The purpose of criminal law is to protect legal interests, and the essence of crime is to infringe on legal interests.
6.
Han nationality, primary school education, farmer, living in No.
On July 2, 2020, the court made (2020) Yu 01 Xing Zhong No.
8.
435, instructing the court to retrial the case.
On December 27, 2017, the people’s Court of Zhongmou County, Henan Province made criminal judgment (2016) Yu 0122 Xing Chu No.
In terms of social common sense, this case was caused by the dispute over the land occupation of high-voltage line tower foundation construction.
4.
The amount of compensation is the money paid by Henan power transmission and transformation engineering company to the defendant in the original trial after the construction is completed, and the amount proposed by the defendant in the original trial also has the known compensation standard of neighboring villages as a reference, which is not groundless, that is, the existing evidence is not enough to prove that the legal interests of this case have been obviously infringed.
The defendants of the original trial, Zhao Liuzhi and Cheng Xiangkui, disagreed and appealed respectively.
Han nationality, illiterate, farmer, lives at No.
7.
The defendants of the original trial, Zhao Liuzhi and Cheng Xiangkui, disagreed and appealed respectively.
408.
Zhao Liuzhi refused to accept the judgment and appealed to the court.
The court formed a new collegial panel according to law and heard the case in public.
The characteristics of the defendant in the original trial who insisted on demanding and the forced payment of Henan power transmission and transformation engineering company are not obvious; From the perspective of behavior means, the defendant in the original trial mainly took the way of going to the site to ask the workers to stop construction, and the means were not fierce; From the perspective of behavioral consequences, legal interests are not obviously damaged.
9.
The people’s Court of Zhongmou County, Henan Province tried the case that the people’s Procuratorate of Zhongmou County, Henan Province accused the defendants Zhao Liuzhi and Cheng Xiangkui of extortion, and made a criminal judgment (2015) mxcz No.
Upon the decision of Xinzheng people’s court, he was released on bail on July 22, 2019.
On September 7, 2016, the court made (2016) Yu 01 Xing Zhong No.
