Brief Description of the Case

    On the evening of November 2023, the defendants Kan Moyu and Kan Momin (father and son), with the intention of retrieving the licence plate they had sold earlier, took the tow truck to relocate, and stole the victim Mr. Hou's car parked by the side of the road, as well as the luggage inside the car, the driver's licence and other items. Afterwards, the two will be scrapped vehicle disposal, after the public security organs successfully recovered the car and returned to the victim.

    After the incident, the defendant Kan Moyu and his father Kan Momin successively took the initiative to surrender. The two confessed truthfully to the facts of the crime, and deeply reflect on their own behaviour. Their relatives actively negotiated with the victim, took the initiative to pay compensation of 120,000 yuan, and obtained a written understanding from the victim. The victim, Mr Hou, said that considering the father and son's sincere attitude of repentance and losses have been compensated, and would like to give them a chance to change their lives.

    According to Kan Moyu confession, father and son early years for economic reasons will sell the licence plate, and then because of life needs to try to ‘find’ the licence plate, but not through legal means, but choose to theft means to obtain the vehicle. Its behaviour although the motive is special, but has violated the legal red line.

Court Hearing

   The court concluded that the defendants Kan Moyu, Kan Momin have constituted the crime of theft, but with full consideration of the circumstances of their surrender, pleading guilty and accepting punishment, making full compensation and obtaining an understanding, the court sentenced each of the two defendants to ten months of fixed-term imprisonment, suspended for one year, and a fine of 5,000 yuan.

   After the verdict, the two defendants expressed obedience to the judgement, the judgement is now effective.

 Judge's Statement 

   Although the law gives leniency to those who take the initiative to repent, but never condone the use of illegal means to resolve disputes. In this case, the father and son made a big mistake because of the lack of awareness of the law, and the lesson is worth pondering. Citizens should claim their rights through legal channels when their rights and interests are damaged, any illegal means of ‘self-help’ behaviour will face severe punishment. The law is the cornerstone of the maintenance of rights and interests, do not cross the legal boundaries on impulse.

This article is reprinted from the WeChat public number ‘Beijing Haidian Court’, with thanks.