CCTV Beijing, August 2 (Reporter Sun Ying) According to the Voice of China of China Central Radio and Television, the phenomenon of high-altitude throwing objects is known as "the pain hanging over the city", which is an uncivilized and extremely dangerous behavior, which not only poses a serious threat to the personal safety of others, but also may cause major property losses. Amendment (11) to the Criminal Law, which came into effect on March 1, 2021, added the crime of "throwing objects from high altitudes". "High-altitude throwing objects" was officially criminalized, which indicates that the act of throwing objects from high altitudes is not only an uncivilized behavior, but also an illegal behavior. On the morning of August 2, the Chaoyang Court in Beijing held a trial of the "case of Gao Moumou suspected of the crime of throwing objects from high altitudes", revealing that there are still people who turn a deaf ear to the harm of high-altitude throwing behavior, and it is necessary to continue to sound the alarm.
At 9 a.m. on August 2, 2024, the Beijing Chaoyang District People's Court held a public hearing to hear the case of the defendant Gao Moumou, who was prosecuted by the Beijing Chaoyang District People's Procuratorate, and the judge Zhang Yuanyuan was the sole judge.
Judge: Now that the court investigation begins, the prosecutor reads out the indictment.
Public Prosecutor: After review in accordance with the law, it was ascertained that at about 21:00 on May 18, 2024, the defendant threw wine bottles, garbage cans and other items from window No. 907 after drinking, and the defendant was later found and brought to justice. This court believes that the defendant's conduct violated Article 291-2 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is conclusive and sufficient, and he should be investigated for criminal responsibility for the crime of throwing objects from a height. The defendant pleaded guilty and accepted punishment, and may be dealt with leniently in accordance with article 15 of the Criminal Procedure Law of the People's Republic of China.
In the course of the court investigation, the prosecutor presented the testimony of the residents. At the time of the incident, some residents reminded 907 residents not to throw objects in the air in the owner's WeChat group, saying that room 907 on the 9th floor of the apartment threw green glass beer bottles, green garbage cans, black courier bags and red takeaway boxes from the window and threw them in the back garden of the international apartment near the courier cabinet. Another resident confirmed that he heard the sound of broken glass at that time, looked out of his window, and saw someone on the 9th floor throwing trash cans out of the window. Why throw wine bottles and trash cans out the window? Gao Moumou said that after sitting in the car for half a day that day, he was tired, and he was even more lazy to walk after drinking, so he threw the garbage out of the window.
Gao Moumou said: "(I) came to Beijing to work, that day two friends bought food and drank together, after drinking they went out to play, when they left, they said let me clean up the table, (I) drank that day, too lazy to walk the aisle, looked at the window open, and threw it out along the window." Then the residents of the community reported it, and the police came. I didn't expect such serious consequences either. ”
It is understood that Gao Moumou is not the first time to work in Beijing, he has worked as a security guard before, and he will continue to do security work in Beijing this time. Gao Moumou said that there are not so many rules in his hometown countryside...... It was only after being seized by the police and prosecuted for a crime that he realized the serious consequences of his actions. The court of first instance found the defendant Gao XX guilty of throwing objects from high altitudes, and sentenced him to 5 months of criminal detention, suspended for 5 months, and fined 2,000 yuan. Gao Moumou said in court that he would not appeal.
In an interview after the trial, the presiding judge, Zhang Yuanyuan, said: "In this case, the defendant threw glass beer bottles, cans containing beer and other items downstairs from the height of the ninth floor that night. Judging from the on-site monitoring, the place where the items were thrown down was the entrance and exit of the unit building, and there was a courier cabinet next to it, and the people who came and went were very frequent, and once they hit someone, the consequences were very serious, and the defendant's behavior had disrupted public order, caused a certain threat to the personal and property safety of others, and had a certain degree of social harm, constituting the crime of throwing objects from a height. In this case, the court also gave him a suspended sentence in consideration of the fact that the defendant's conduct had not caused any loss to the person or property of others, and that the defendant had pleaded guilty and repented."
Amendment (11) to the Criminal Law stipulates that anyone who throws objects from buildings or other heights and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, short-term detention or controlled release, and/or a fine.
Zhang Yuanyuan said: "For the act of throwing objects from high altitudes, the court will comprehensively consider the degree of social harm of the perpetrator based on factors such as the subjective motive of the perpetrator, the place where the object was thrown, and the harmful consequences caused, and accordingly convict and sentence the defendant. At the same time, if the act of throwing objects from high altitudes constitutes other crimes, it shall be convicted and punished in accordance with the provisions of heavier punishments, and may constitute the crime of endangering public safety by dangerous means and the crime of intentional injury. The behavior of throwing objects from high altitudes is very easy to cause personal injuries and property losses, and we cannot have a fluke mentality and resolutely put an end to the behavior of throwing objects from high altitudes. ”
(Source: CCTV)
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