Pump stall ball was sentenced, the old lady's greatest wish was in jail | | jailed _ a balloon stall new year news
> Had taken Wang Yanling and other shooting stall with his mother
Newly married Wang Yanling for two months with no new joy: disorderly hair, wrinkled brow, from the skin of the mouth constantly sighing "too heavy and was too heavy."
On October 12, Wang Yanling mother Zhao and other great Mercy Temple Pier in Tianjin put together 8 vendors with shooting 13 people, was caught in conjunction with hongshun, Hebei district police station. Then Zhao booth 9 guns of 6 was identified as a firearm, on December 27, the Hebei District Court of first instance to the crime of illegal possession of firearms and sentenced him to three years and six months ' imprisonment.
Wang Yanling told "Beijing" (ID:btime007) had that kind of shooting game she is playing in his hometown of Hulun Buir, "when it was a toy gun, a lot of people are currently playing at the Park Gate. "She said, December 29 mother Zhao at the detention center submitted an appeal.
1000 balloon blowing until midnight every day decided to
8 September, Tianjin Great Mercy Temple Quay, coming and going. Adjacent to landmarks in Tianjin-Tianjin eye Ferris wheel was almost coming attractions for tourists. But for the 51-year old Zhao, here is more like a turning point in the destiny.
After dinner stroll, Zhao found that the "balloon" gaming business is good. At a time when a man wants to transfer her tricycle at 2000 prices under toys and other goods.
At the dock, shooting stalls like her a total of 9, and next to each other, Zhao stands in the Middle, is one of the worst.
Received after the stall, she did not know, pay booths "management fees", 500 Yuan a month. She did not know what route for money, but do not pay will not stall. Not only that, and only after 9:30.
Because 9:30 can't make an omelet every night, so pack up later, often after 12 o'clock at night. Zhao also developed a habit of late, every day after 10 in the morning, she would have to go into some of the goods, and then at 5 o'clock in the afternoon, blown up 1000 small balloons. Until about 9 o'clock, she will board three rounds, took 20 minutes to Terminal wait you can't make an omelet.
"Mothers are blow up balloons with their mouths, she said it's faster, blown up 1000 spend 1 hour each time after blowing her dizzy for a while, slowly for a while can be good. "Wang Yanling says.
Wang Yanling told "Sgt", mother every night spot, earns about 3000 Yuan a month.
"Just took the pitch for 2 months, she was caught. "This is Wang Yanling never dreamed of.
Mother hoping in the detention center for the new year
On October 12, Zhao was arrested, not because he has no license, but because of "toy guns."
"Go back undercover said identification (firearms), will put you out in a few days," Wang Yanling says, is precisely because of this sentence, was taken with 13 vendors don't have a fight, "my mother was very calm."
Wang Yanling told "Sgt", since its stall, the mother never had been warned not to operate such games.
"Often can see spot play balloons, we have always felt that this was a toy gun. If you know a gun, his mother wouldn't touch. "Wang Yanling repeatedly.
Since the mother was caught December 27 for sentencing, Wang Yanling married on October 29 that day to take the day off, interceded with the rest of the time has been rushing between the Court and the police station, "my mother only junior high school culture, I hope they read it in her first sentence lighter on the ignorance of the law".
A few days ago, Zhao predicted they may slash, he lawyer told Wang Yanling, let her not to spend money to find someone to "save her", and said her greatest hope is that we can now in jail for the new year.
"Because inmates are familiar with, to prison was born", said Wang Yanling, convicted after 10th will go to jail, she did not want in the new year. On December 29, the mother had submitted appeals in jail, what do not know, but "the appeal can make her temporarily in a detention centre, and also complete her a little wish."
Resignation stalls or don't want to bother my daughter
Zhao said the spot is because free, close to home, but Wang Yanling knows, my mother does not want to give her any trouble.
Zhao was not from Tianjin, 3 years ago, she had planted in his hometown of Hulun Buir fungus, "then ill long arms spur to do heavy work", his daughter Wang Yanling says: "a container for cultivating fungus dozens of pounds, ill do anything, it worked out."
A friend of Zhao's work in Tianjin, Tianjin opportunities, she told Zhao and suggested she come and try. The beginning of 2013, she came to Tianjin, to cook in a hardware factory, 1800 Yuan a month. Wang Yanling's job is to travel consultant, income is only around 2000 Yuan a month, and there is no insurance.
Six months ago, mother and daughter moved to Hebei district in an old factory building, rented at 600 Yuan price of less than 10 square meters between two huts, a live inventory, for people to live in that door is the bed, because there are no valuable things, mother and daughter go out without locking the door.
In August this year, Zhao came up with idea of changing jobs. Wang Yanling told "Sgt", she guessed her mother quit the spot does not want to give her any trouble, "in October I will be married, after getting married she had to live," but according to the mother's previous salary, to support themselves, life is difficult.
"She is 20,000 dollars a year, except to pay the $10,000 a year pension and 7200 Yuan price, the rest really enough to eat". Wang Yanling says, but her mother told her, and relatively liberal, too close to home.
October 29 is Wang Yanling's wedding day, she wanted to put off marriage after her mother was arrested, but my mother said as never ignore her. "After the second day I began my mom's things, after my parents divorced, I live with my mom, she is my life now."
Lawyers say constitutes a crime was highly controversial
Xu Xin, Beijing Polytechnic University Law School (microblogging) Professor, Fujian Deputy juvenile sentenced to life online simulation gun case, seeing Zhao's troubles and offered to provide help.
Professor Xu said, whether the case constitutes a crime was highly controversial. "I saw the news that a trial lawyer to defend her the lightest, if it were me, I might have done pleading not guilty because this gun cannot be identified as a real firearm. ”
Xu Professor think, China Ministry of public security developed of guns finds standard very absurd, 2001 Shi of standard is by launches projectile of muzzle than kinetic energy is greater than 16 joules/square centimeters Shi was finds for guns, and to has 2008 years standard into has 1.8 joules/square centimeters, this standard Xia of muzzle than kinetic energy is no any lethality of, so based on this standard to finds for crime is cannot accept of. "Standards and not to interpret the criminal law of China's Ministry of public security, it should not apply."
"The second controversial issue may be the issue of sentencing, assumed to be recognized as a crime, under the so-called identification 6 guns of this result, sentenced to 3.5 years in which is not too strict. But it is contrary to our common sense of common sense, common sense, so this verdict was heavy. "Professor Xu said," I searched some of the judgements in such cases is basically received a suspended sentence, this should be done by the contractor of the Court reported to the Supreme People's Court and sentence within the statutory sentencing range. So, if this case were recognized as crimes, received a suspended sentence is enough. ”
Tianjin Boyle set the shooting was found guilty of illegal possession of firearms, was sentenced to 3.5 years
Zhao, Hebei district, Tianjin lived 51 years old, she placed in the streets shooting stalls, 6 gun-shaped objects were identified as a firearm, on December 27, the Hebei District Court trial she committed a crime of illegal possession of firearms and sentenced to three years and six months.
>: Tang Zheng Xueyou
Article keywords:Stall balloon was sentenced
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摆摊打气球被判刑，老太太的最大心愿是在看守所过年|摆摊打气球|获刑_新闻资讯
>王艳玲拍摄的曾和母亲一起摆摊的其他射击摊
刚结婚两个月的王艳玲没有一点新婚的喜悦：乱乱的头发、紧皱的眉头，起皮的嘴不停地叹气“太重了，判的太重了”。
10月12日，王艳玲的母亲赵春华及其他8家一同在天津大悲院码头摆射击摊的商贩13人，一并被抓到河北区鸿顺里派出所。而后赵春华摊位上的9支枪形物中6支被鉴定为枪支，12月27日，河北区法院一审以非法持有枪支罪，判处其有期徒刑三年六个月。
王艳玲告诉“北京时间”（ID：btime007）那种射击游戏她在老家呼伦贝尔也玩过，“一直当它是玩具枪，很多人现在都还在公园门口玩。”她称，12月29日母亲赵春华在看守所提交了上诉申请。
每天吹1000个气球半夜才收摊
8、9月份的天津大悲院码头，人来人往。紧邻的天津地标——天津眼摩天轮，几乎是游客的必到景点。但对于51岁的赵春华来说，这里更像是命运的转折点。
晚饭后的几次遛弯，让赵春华发现这里的“打气球”游戏生意还不错。适逢一位老汉想要转让，她便以2000元的价格将三轮车玩具等货物一并盘下。
在码头，像她这样的射击摊位一共有9家，而且都挨着，赵春华的摊位在中间，算是最不好的一个。
在接过摊位后，她才知道，还要交摊位“管理费”，每月500元。她不知道收钱的人什么来路，但是不交就不能摆摊。不仅如此，摆摊时间只能是晚上9：30以后。
因为每晚都要9：30分出摊，所以收摊也比较晚，常常在夜里12点以后。赵春华也养成了晚起的习惯，每天早上10点起来后，她会去进一些货物，然后在下午5点，吹足1000个小气球。等到9点左右，她会登上三轮，耗时20分钟来到码头等待出摊。
“母亲都是用嘴吹气球，她说这样比较快，吹足1000个得花1个多小时，每次吹完她都会头晕一阵，缓一会儿才能好。” 王艳玲说。
王艳玲告诉“北京时间”，母亲每晚这样摆摊，一个月下来能赚3000元左右。
“刚接过摊位2个多月，母亲就被抓了。”这是王艳玲怎么也想不到的。
母亲希望能在看守所过年
10月12日，赵春华被抓了，不是因为自己一直没办营业执照，而是因为“玩具枪”。
“便衣说一起回去鉴定（枪支）一下，过几天就把你们放出来，”王艳玲说，也正是因为这句话，当时一起被带走的13位商贩没有一个反抗，“我母亲当时很平静”。
王艳玲告诉“北京时间”，自摆摊以来，母亲从不曾被警察提醒不能经营这种游戏。
“经常可以见到摆摊打气球的，我们一直觉得这种就是玩具枪。如果知道是枪，母亲压根就不会碰。” 王艳玲反复强调。
自母亲被抓到12月27日判刑，王艳玲只在10月29日结婚那天给自己放了一天假，其余时间一直在法院与派出所之间奔波求情，“我妈只有初中文化，我希望他们能念在她初犯不懂法的份上量刑轻一些”。
前些日子，赵春华预料自己可能会凶多吉少，就托律师告诉王艳玲，让她不要再花钱找人“救她”，并表示现在她最大的希望是能在看守所过年。
“因为狱友都熟悉了，到监狱后都是生人”，王艳玲说，判决生效10日后就要去监狱，她不想在那过年。12月29日，母亲已经在看守所提交了上诉申请，结果怎样还不知道，但“上诉就能让她暂时在看守所了，也算完成她一个小心愿吧”。
辞职摆摊或因不想给女儿添麻烦
赵春华说摆摊是因为自由，离家近，但王艳玲知道，妈妈是不想给她添麻烦。
赵春华并不是天津人，3年前她还在老家呼伦贝尔种植木耳，“后来胳膊生病长了骨刺，干不了重活了”，女儿王艳玲说：“一个培养木耳的容器得有几十斤，生病后干不了了，才想到出来打工”。
赵春华的一个朋友在天津打工，她告诉赵春华天津机会多，建议她过来试试。2013年初，她来到天津，在一家五金厂给人做饭，一个月1800元。王艳玲的工作是旅游顾问，每月的收入只有2000元左右，而且没有保险。
半年前母女二人搬到河北区一处破旧的厂区自建房里，以600元的价格租下两间不足10平米的小屋，一间住人一间存货，住人的那间推门进去就是床，因为没有值钱的东西，母女二人外出都不用锁门。
今年8月份，赵春华萌生了换工作的想法。王艳玲告诉“北京时间”，她猜测母亲辞职摆摊是不想给她添麻烦，“10月份我就要结婚了，婚后她得自己住，”但按照母亲以前的工资计算，自己养活自己，糊口都难。
“她一年下来是2万块钱，除去每年要自交1万块退休金和7200元房费，剩下的真不够吃”。王艳玲说，但母亲告诉她，摆摊相对自由些，也离家近。
10月29日是王艳玲结婚的日子，母亲被抓后她想推迟婚期，但母亲说那样就一辈子不理她。“婚后第二天我就开始跑我妈的事了，爸妈离婚后我跟妈妈生活，她现在是我的命根子”。
律师称是否构成犯罪争议很大
北京理工大学法学院徐昕 （微博）教授，曾代理过福建少年网购仿真枪判无期案，在看到赵春华的遭遇后表示愿意为其提供帮助。
徐教授表示，这个案件是否构成犯罪争议很大。“我看到新闻说，一审律师为她作最轻辩护，如果是我，我可能会去做无罪辩护，因为这种枪根本不能认定为真正枪支。”
徐教授认为，中国公安部制定的枪支认定标准非常荒唐，2001年时的标准是所发射弹丸的枪口比动能大于16焦耳/平方厘米时被认定为枪支，而到了2008年标准变成了1.8焦耳/平方厘米，这个标准下的枪口比动能是没有任何杀伤力的，所以基于这个标准去认定为犯罪也是不能接受的。“中国公安部的标准并不能去解释刑法，所以不应当适用”。
“第二个争议的问题可能是量刑的问题，假设被认定为犯罪的话，根据所谓的鉴定6支为枪支这个结果，判处三年半其实不算太严。但是它是违反我们的常识常理常情的，所以这样的判决还是重了。”徐教授说，“我检索了一些类似案件的判决，基本上是判缓刑，这种情况就应该由承办的法院报经中国最高人民法院院，然后在法定量刑幅度内量刑。所以，如果这个案件被认定为犯罪，判缓刑足矣。”
天津大妈摆射击摊被判非法持有枪支罪 获刑3年半
家住天津市河北区赵春华今年51岁，她在街头摆的射击摊位上，6支枪形物被鉴定为枪支，12月27日，河北区法院一审判她犯非法持有枪支罪，判处有期徒刑三年六个月。
>责任编辑：郑学友
文章关键词： 摆摊打气球 获刑
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