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Nanny claimed were owed wages, employers astronomical phone theft was sentenced to 10 years and fined 20,000 yuan. June 28 this year, the newspaper of "" nanny stole the phone was sentenced to 10 years. "Controversial", the first exclusive coverage of the case, immediately caused an uproar on the Internet, many legal experts also involved in the case of the debate. Director of the Research Center of the Chinese Academy of Social Issues by Yu Jianrong rural micro-Bo said: "I want to help the poor in the name of a nanny, but I do not know how to do ......" Henan Guoji Zhang law firm lawyers believe that the case is sentenced to 10 In the heavy sentence, and is willing to provide free legal aid to the nanny. Under the common concern of many domestic media and netizens, after turning the case for retrial. December 28, Zhengzhou Tube City Court hearing the case again, and the court stealing the phone from a lenient sentence nanny 2 years in prison and fined 3,000 yuan.
 
Playback
 
Nanny stealing mobile phones
 
A 10-year trial
 
48-year-old Zhang Yun (pseudonym), who lives in rural Yuzhou. October 2011,modelli scarpe hogan uomo hogan interactive uomo prezzo sito ufficiale hogan italia, Zhang Yun illiterate through acquaintances to Mr. Zheng Zhousu home caregiver.
 
Zhang Yun claimed that she did more than 40 days,http://www.biblio.tuat.ac.jp, did not want to tell the employer himself,http://dosankonet.jp,scarpe hogan sconto 80, but the other did not mention the matter of wages. She feels that she is the owner of an angry shoe on the door of a humble flip phone to hide, ready to use their own future. Until employers alarm, she knew the value of that mobile phones more than 60,000 yuan. According to the employers say, this Nokia Vertu luxury mobile phone he spent 68,000 yuan to buy, as well as invoices. When the first instance trial, Zhang Yun said she did not know the phone is so expensive, there is more than two thousand dollars wondering phone, just arrived in the wages.
 
The court found that the prosecutor accused guilty of theft Zhang Yun guilty. The public prosecution department believes that the nanny claimed Wages did not matter relevant evidence, even if true does not affect the charges and sentencing Zhang. Because owe and steal mobile phones are two legal relationship.
 
In June, the court found that the city of Zhengzhou nanny Zhang Yun's conduct constituted theft, sentenced to imprisonment for 10 years and fined 20,000 yuan.
 
Hot
 
Sentencing too, right?
 
Nanny wages is not made, the phone was accidentally steal employer was sentenced to 10 years. The case was sparked heated debate on the Internet after the media reported. In this case more than ordinary people on the phone because of general cognitive value, and thus the case has aroused great repercussions judgment. Director of the Academy of Social Sciences Research Centre of the social problems of rural micro-Bo Yu Jianrong for nanny "Idealists."
 
Focus of controversy friends gathered in two ways: First, the phone does not know in advance nanny claiming value, whether the conviction must be in accordance with the actual value of the phone? Second,nike shop online, there should depreciation expenses phone use, in accordance with the invoice price as the real value is reasonable? Also have friends that tens of thousands of dollars can afford a cell phone nanny who owed wages, it should not.
 
Voice users quickly get a response, July 1, Zhengzhou Intermediate People's Court of second instance ruling on cassation, sent back to the city of Zhengzhou court for retrial. Zhengzhou Intermediate People's Court that the defendant, the value of the stolen phone if there is significant awareness of the wrong question, the first trial did not fully investigate cross-examination; identification of issues involved in the value of the phone, precise handling of the case plays an important role in the first instance, this did not fully cross-examination there is a need to re-cross-examination; whether the defendant constitute a surrender problem, nor fully investigate the cross-examination of First Instance.
 
Cases of transit
 
Retrial verdict: 10-year sentence reduced to two years
 
Also found that the defendant also stealing a gold ring Su, worth 8162 yuan
 
Yesterday, 9:40, Zhengzhou City tube again heard in public. In addition to the identification of a retrial Zhang Yun nanny more than 60,000 yuan worth of stolen mobile phones, but also to identify, early in November 2011, Zhang Yun also theft Su Su's father deposited in a gold ring, and back home in Yuzhou hiding. After identification, the gold ring worth 8162 yuan. After two adjournments, the entire trial from 9:40 until 15:00, after CRIC research, court sentencing court, verdict: Zhang Yun defendant guilty of theft and sentenced to two years and fined 3,000 yuan.
 
Court statement
 
Significantly exceeded the value of the stolen mobile phones in general cognitive level
 
Combined defendant cultural level and life experience
 
Think its court statement said, "that the phone is worth more than two thousand yuan" true
 
The court held that the defendant Zhang Yun's behavior constituted theft, the theft of property actually worth 68,162 yuan, a huge part of the amount, but in view of the value of the stolen mobile phones significantly exceeded the level of the general public's perception of the phone look no clearly show its high value features, combined with the cultural level and Zhang Yun life experience, the court held that its court statement said, "that the phone is worth more than two thousand yuan" is true. Therefore, the defendant Zhang Yun for the value of the stolen phone recognize there are significant errors,stock scarpe nike, it is only illegal possession of subjective others "large amount" of property intentionally, no illegal possession "huge amount" of property intentionally. According to the unity of subjective and objective principles of criminal law, the amount shall be recognized in accordance with its subjective intentional theft of content. It finds that the defendant Zhang Yun theft of property belonging to the accumulated "large amount",http://bbs.ynlishi.cn/forum.php?mod=viewthread&tid=12946598, then make the decision.
 
Focus Reading
 
Deserved or ?
 
Detailed case why legal experts lighter commute?
 
An illiterate nanny stole a cell phone, and immediately became a "thief", tortured for 10 years, he deserved or ? In this regard, Zhengzhou University Law School Associate Professor Wang Lizhi that: the present case, the defendant value of the stolen items have a significant understanding of error, is a target of the criminal law theory stresses understanding errors. Object awareness error, refers to the act of subjective know the actual behavior of objects and their behavior is not consistent with the object of infringement. Understood as the case, Zhang Yun mistakenly worth $ 60,000 a phone as two thousand yuan of mobile phone theft, theft and therefore lack the "astronomical" intentional phone (similar to the theft of items of general intent, and Theft of a firearm can not be identified as the theft of firearms). Thus, it should only be in the range as a nanny from rural areas to the specific identity of the possibility of having a subjective understanding (of course, also considering the general concept of social awareness), consistent with the principle according to subjective and objective, the specific amount determined Theft . It is based on the above understanding,http://moodle.ndna.org.uk/login/index.php?item/create_form/1, the court finds that the defendant theft amounts are "large amount", rather than "huge amount",http://www.valchent.net, in line with the law.
 
Live interviews
 
Employers wife: she did not expect a 10-year trial
 
Duty counsel: less eight years! Thank the community's concern on the case
 
Nanny husband: the verdict "satisfactory", saw his wife uncomfortable dark and thin
 
"More than 10 young 8 years! Thank the community's attention to the case." Obligation for defense lawyers Zhang Zhang nanny yesterday rather mixed feelings on the verdict, the Secretary of a nanny's husband, said this result "is also satisfied." Employer's wife claimed that "do not want to pursue this matter," and sentenced to 10 years was not their intention.
 
"I am quite satisfied with the verdict,http://www.musicman-net.com, both for the nanny to punish, but to do a penalty when the severity of the offense, and adapt their crimes, so that ordinary people can understand and accept." Zhang said.
 
Yesterday afternoon,portafogli gucci, Mr. Secretary nanny's husband Dahe accept a telephone interview, said: "also satisfied with it just to see her (his wife) on trial thin black heart strange uncomfortable.."
 
For an employer, Mr. Secretary, said: "After what has been committed, and I do not unpopular with the people."
 
While employers nanny Zhang family that knows the value of the phone, and there in the previous theft, but the wife of the employer Sumou yesterday afternoon, said: "We had not thought of wage arrears nanny, nanny offered wage was last knot clear, we have not had time to knot, she out of this thing. Our family is good nanny, nanny felt very poor, the first trial did not think she would be sentenced to 10 years, this is not what we mean, do not want to be held this thing. " (Reporter Wen Zhonghao)
 
Sound
 
Case law revision
 
Reflects the respect for public opinion
 
Zhengzhou Municipal People's Congress,http://www.ihayday.com/forum.php?mod=viewthread&tid=6844, the workers' village for two principal Chen Lihong: The retrial, I, as deputies to attend the entire course of the trial, strong feelings, the court based on facts and evidence, the case law revision reflects the respect for public opinion,http://beer.dramamusicschool.com/item/create_form/11, reflects the to comply with the law, and truly unified legal effect and social effect.
 
Verdict expected
 
France and emotion combine well
 
Public Xing Zhihong: Although the results and the first cases of biased judgment, but also expected. Zhang Yun as a nanny, she stole other people's stuff, it should be subject to legal sanctions. But she is an illiterate, low levels of literacy, legal awareness, do not understand the true value of the phone, and very pitiful. The judgment of the Court of Law in conjunction with the situation very well.
 
Link
 
1
 
Vertu mobile phones
 
Vertu is Nokia established the world's first luxury mobile phone company, over the years, Vertu luxury mobile phone manufacturer has been known for, on average each priced at up to more than ten million yuan.
 
Link
 
2
 
The price of grapes case verdict
 
In August 2003, four foreign workers in Beijing, Beijing Academy of Agriculture and Forestry enter Fruit Research Institute research park grape picking grapes about 47 pounds. Everyone knows this system research of new varieties of grapes, migrant workers led to study the behavior of the Institute of Data fracture. Beijing price department to assess the amount stolen grapes for 11,220 yuan. Since then, four workers, in addition to a person as young as 16 years old and the "circumstances are obviously minor" was detained, the other three were arrested. Ultimately, the value of the grapes down to 376 yuan, three workers were acquitted.
 
(Original title: imprisonment from ten years to two years, fines from 20000-3000)