Trial court:Intermediate People's Court of Dalian City, Liaoning Province

Case No:(2023) Liao 02 punishment final 132

Cause of action:crime of opening a casino

Date of Referee:June 02, 2023

Intermediate People's Court of Dalian City, Liaoning Province

Criminal Ruling

(2023) Liao 02 punishment final 132

The former public prosecution organ, Dalian Jinzhou District People's Procuratorate.

Appellant (Defendant in the Original Trial)Zheng Mou Ming, male,Born on October 13, 1971, Han, Senior high school culture, domicile in Shahekou District, Dalian City, Liaoning Province, lived in Jinzhou District, Dalian before arrest. As a result of this case, he was criminally detained by Jinzhou Branch of Dalian XX Bureau on July 18, 2022. He was arrested on August 23 of the same year with the approval of the procuratorial organ, and the arrest was executed by the bureau the next day. He is currently detained at the Jinzhou District Detention Center in Dalian.

The defender, Guan Yetong, is a lawyer of Liaoning Jinzong Law Firm.

Appellant (Defendant in the Original Trial)Wu Mou, male,Born on July 8, 1976, Han, junior high school culture, registered residence in Wafangdian City, Dalian City, Liaoning Province, lived in Dalian Development Zone before arrest. On September 17, 2021, he was sentenced to one year's imprisonment, suspended for one year, and fined 30,000 yuan by the People's Court of Pulandian District, Dalian City, for the crime of smuggling goods prohibited from import and export by the state. As a result of this case, he was criminally detained by Jinzhou Branch of Dalian XX Bureau on July 18, 2022. He was arrested on August 23 of the same year with the approval of the procuratorial organ, and the arrest was executed by the bureau the next day. He is currently detained at the Jinzhou District Detention Center in Dalian.

Defender Zhang Tianxiang, lawyer of Liaoning Tianying Law Firm.

The People's Court of Jinzhou District of Dalian City tried the defendant of the public prosecution initiated by the People's Procuratorate of Jinzhou District of Dalian CityZheng Mou Ming,Wu MouThe crime of opening a casino, inOn February 16, 2023, a criminal judgment (2022) No. 493 was issued at the beginning of Liao 0213's sentence. After sentencing, the defendant in the original trialZheng Mou Ming,Wu MouNot satisfied, appeal. The court formed a collegial panel in accordance with the law, and after reviewing the papers, interrogating the appellant and listening to the opinions of the defender, decided not to hold a trial. The trial has now been concluded.

This court believes that in accordance with the provisions of Item (III) of the first paragraph of Article 236 of the the People's Republic of China Criminal Procedure Law, the ruling is as follows:

Revocation of Dalian Jinzhou District People's Court (2022) Liao 0213 criminal judgment No. 493 at the beginning of the sentence was sent back to the original people's court for a new trial.

This determination shall be final.

Presiding Judge Lin Chi

Judge Zhou Qian

Judge He Jingjing

June 2, 2003

Clerk Sun Yanni

Attached: the People's Republic of China Criminal Procedure Law

Article 236 A people's court of second instance shall, after hearing a case of appeal or protest against a judgment of first instance, handle the case according to the following circumstances respectively:

If the (I) in the original judgment is correct in finding the facts and applying the law, and the sentence is appropriate, the appeal or protest shall be rejected and the original judgment shall be upheld;

(II) there is no error in the determination of facts in the original judgment, but there is an error in the application of the law, or if the sentence is improperly measured, the judgment shall be revised;

If the facts of the original judgment of the (III) are not clear or the evidence is insufficient, the judgment may be changed after the facts have been found out; it may also be ruled to cancel the original judgment and send it back to the people's court that originally tried the case for a new trial.

If, after the people's court of first instance has made a judgment on a case that has been remanted for retrial in accordance with the provisions of paragraph 3 of the preceding paragraph, the defendant appeals or the people's procuratorate protests, the people's court of second instance shall make a judgment or order in accordance with the law, and may not remane it to the people's court of first instance for retrial.