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Stealing a dog and abandoning it in an elevator! Man sentenced to three months!

2024-05-14

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Stealing a dog and abandoning it in an elevator! Man sentenced to three months!

On April 28, 2020, Zhu Yang (a pseudonym), a man in Luneng City, Chengdu, Sichuan Province, beat and dumped his stolen dog into an elevator.

After the security guard on duty found the elevator was abnormal, he quickly joined the property to send the injured dog to the pet hospital for treatment and called the police. Upon examination, the dog had been hit on the head and was blind in one eye.

On January 4, 2022, the reporter learned from authoritative channels that on December 30, 2021, the people's Court of Wuhou District of Chengdu made a judgment on the case. The defendant Zhu Yang was guilty of theft, sentenced to criminal detention for three months and fined 3000 yuan.

1. The man abandoned the elevator after stealing the dog and was too noisy to beat him.

At 8 a.m. on April 28, 2020, the elevator video of Chengdu Luneng City District showed that a man in a black coat dragged an injured dog into the elevator and pressed the elevator down button. He deliberately avoided the camera in the elevator all the way and covered his face with his hands from time to time.

After the security guard on duty of the property in Luneng City Community found an abnormality in the elevator, he quickly notified the management personnel to rescue the injured dog and send it to the pet hospital for treatment. After examination by the hospital, the injured Husky had multiple scars on his head. One of his eyes was blinded due to injury. It is speculated that the Husky had been hit hard on the head.

At about 6 a.m. on the same day, Chengdu citizen Pan Jie's pet dog "auspicious" was lost at the door of the shop where he worked. The video showed that "auspicious" was dragged away by a man in a taxi. Pan Jie called the Shuangnan police station of Wuhou District Branch of Chengdu Public Security Bureau to report that his pet dog had been stolen.

On April 29, the video of Zhu Yang abandoning beaten dogs spread among friends. Pan Jie received a video forwarded by a friend and roughly confirmed that the injured dog was "auspicious" for his pet dog, so he quickly went to the pet hospital to check. After determining that the abused pet dog was Husky's "auspicious", Pan Jie quickly contacted the police to explain the situation.

Zhu Yang confessed that on his way out for dinner that morning, he saw a husky on the side of the road who was a little good. "I just wanted to steal it home to play."

The Wuhou District Court of Chengdu found out that at about 6: 00 a.m. on April 28, 2020, Zhu Yang dragged his pet dog away at the door of Pan Jie's shop where he worked while others were not paying attention. After Zhu Yang returned to his residence, he abused the pet dog by kicking and hitting it with iron bars because he disliked the noise of the pet dog. After that, he abandoned the injured pet dog and sent it to the elevator in the residential area.

2, the defender said that insufficient evidence does not constitute a crime.

The Wuhou District Procuratorate of Chengdu filed a public prosecution with the Wuhou District Court on the charge of theft by the defendant Zhu Yang.

Defendant Zhu Yang's defender believes that there is insufficient evidence for the public prosecution to accuse defendant Zhu Yang of the crime of theft, and his behavior does not constitute a crime. The defender said that the owner of the dog, Pan Jie, did not provide evidence about the legal source of the pet dog involved in the case, nor did he apply for the "dog registration certificate" and the dog identification card.

The Wuhou District Court held that in this case, the photos, videos, and witness testimony provided by Pan Jie can all prove that the pet dog involved in the case was raised by him and lived with him; and immediately called the police after the pet dog was missing. After discovering the dog abuse video, he quickly went to the hospital to check it, and treated and cared for it, which was enough to determine that the pet dog involved in the case was owned by Pan Jie.

Defendant Zhu Yang's defender also argued that because the location of the crime was a public area, the pet dog involved in the case was not chained, kept in captivity or dragged by a dog rope, nor was there any on-site supervision by the owner, and should be deemed as abandoned or lost. When the defendant Zhu Yang took the pet dog, he did not know who the owner of the dog was. He did not have the subjective intention of stealing, nor did he adopt the method of secret stealing. His behavior only constituted infringement.

The Wuhou District Court found that the pet dog involved in the case was located at the door of Pan Jie's work place and was within a controllable range; when the defendant Zhu Yang took the pet dog, he knew it was wearing a collar and showed obvious resistance.

3. The dog owner's demand for compensation and public apology was not supported.

In the lawsuit, Pan Jie, the owner of the pet dog, filed a criminal incidental civil lawsuit with the Wuhou District People's Court, requesting the defendant Zhu Yang to compensate the medical expenses of 15805 yuan, 7800 yuan for lost work, and 500 yuan for transportation expenses for treating the dog, and ordered Zhu Yang to make a public apology for his illegal behavior of stealing dogs and maiming them in the national news media.

The Wuhou District Court held that Zhu Yang's beating of the pet dog occurred after the theft was completed, and the fact that the pet dog was injured was not directly caused by Zhu Yang's theft. Therefore, the case does not fall within the scope of criminal incidental civil litigation. Pan Jie may file a separate civil lawsuit against the pet dog for being beaten and injured.

On December 30, 2021, the People's Court of Wuhou District, Chengdu City made a judgment on the case. The defendant Zhu Yang was guilty of theft and sentenced to three months of detention and a fine of 3000 yuan.

Source: Upstream News

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