The presiding judge of Sangchu County People’s Court upholds the indictment of extortion and forced trading by the 10 Tibetans. The judge sentences the Tibetans to prison terms ranging from nine to 14 years and monetary penalties ranging from 50,000 to 70,000 yuan.
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Sangchu (Xiahe) County People’s Procuratorate prosecuted Tashi Gyatso (Zhaxi Jiamucuo), Tsewang (Caixiang), Nyingchak (Niangqihe), Gyalo (Jialao), Sonam Gyal (Suonanmu Jia), Tagthar Gyal (Dehetai Jia), Tenpa Gyatso (Danba Jiamucuo), Tamdin Dorjee (Danzheng Daoji), Tamdin Tsering (Danzheng Cairang) and Choepa Tsering (Jiaoba Cairang) in the case of extortion and forced trading. After arraignment, testimony, and verification, this court believes that the facts of the case are clear and the evidence is indeed sufficient.
The evil gang headed by the defendant Tashi Gyatso and with defendants Tsewang, Nyingchak, Gyalo, Sonam Gyal, Tagthar Gyal, Tenpa Gyatso, Tamdin Dorjee, Tamdin Tsering and Choepa Tsering as members, having joint discussions, through violent means such as gathering crowd to make trouble, verbal threats, stopping work and seizing construction machinery, extorted 976,669 yuan in cash from Amdo Group, 78,429.73 yuan in cash and 36,709 yuan worth of building materials such as sand and stone from the Lin-He Expressway Section 11 Project Department. Tashi Gyatso and the others extorted 20,000 yuan in cash from Ma Weimin and Ma Gawu, the village chiefs of Shangxia Jiedao Village, Banggurthang Township. Eight people including Tashi Gyatso and Tsewang extorted cement and other construction materials worth 31,600 yuan from the Lin-He Expressway Section 12 Project Department. Tashi Gyatso used the tools of the Lin-He Expressway Section 12 Project Department free of charge, which was worth 6,788.19 yuan.
The above behavior violates Article 274 of the Criminal Law of the People’s Republic of China. The facts of the crime are clear, and the evidence is indeed sufficient. Criminal responsibility should be held accountable for the crime of extortion.
After Tashi Gyatso, Tsewang, Nyingchak, Gyalo, Sonam Gyal, Tagthar Gyal, Tenpa Gyatso, Tamdin Dorjee, Tamdin Tsering and Choepa Tsering, the ten defends, discussed together, they bought cultivated land in Shangxiajie Village, Banggurthang Town, without the knowledge of the actual contractor, forcing villagers to transfer a total of 6.7 mu of land at a low price of 16,000 yuan. This act violated Article 226 of the Criminal Law of the People’s Republic of China. The facts of the crime are clear, and the evidence is indeed sufficient. Criminal responsibility should be held accountable for the crime of forced trading.
The above-mentioned crimes prosecuted by the public prosecution agency were established. In this case, the defendants Tsewang, Nyingchak, Gyalo, Sonam Gyal, Tagthar Gyal, Tenpa Gyatso, Tamdin Dorjee, Tamdin Tsering and Choepa Tsering are accomplices and will be punished with reduced sentences.
In today’s trial, the defendant Tsewang has a good attitude of pleading guilty and can truthfully confess the crime of extortion (Lin-He Expressway) Project Department.
The verdict is about to be read, all rise！
According to the provisions of Article 274, Article 226, Article 25, Article 27, Paragraph 1 of Article 69, Article 52, and Article 64 of the Criminal Law of the People’s Republic of China, we shall judge:
Defendant Tashi Gyatso, is sentenced to 12years in prison and fined 50,000 yuan for guilty of extortion; is sentenced to 2 years in prison and fined 20,000 yuan for guilty of forced trading. He is sentenced to 13 years in prison and a fine of 70,000 yuan for the combined crime of extortion and forced trading.
Defendant Nyingchak, is sentenced to 8 years in prison and fined 40,000 yuan for guilty of extortion; is sentenced to 2 years in prison and fined 10,000 yuan for guilty of forced trading. He is sentenced to 9 years in prison and a fine of 50,000 yuan for the combined crime of extortion and forced trading.
Defendant Gyalo, is sentenced to 8 years in prison and fined 40,000 yuan for being found guilty of extortion; is sentenced to 2 years in prison and fined 10,000 yuan for being found guilty of forced trading. He is sentenced to 9 years in prison and a fine of 50,000 yuan for the combined crime of extortion and forced trading.
Defendant Sonam Gyal, is sentenced to 8 years in prison and fined 40,000 yuan for being found guilty of extortion; is sentenced to 2 years in prison and fined 10,000 yuan for being found guilty of forced trading. He is sentenced to 9 years in prison and a fine of 50,000 yuan for the combined crime of extortion and forced trading.
Defendant Tagthar Gyal, is sentenced to 8 years in prison and fined 40,000 yuan for being found guilty of extortion; is sentenced to 2 years in prison and fined 10,000 yuan for being guilty of forced trading. He is sentenced to 9 years in prison and a fine of 50,000 yuan for the combined crime of extortion and forced trading.
Defendant Tsewang, is sentenced to 8 years in prison and fined 40,000 yuan for being found guilty of extortion; is sentenced to 2 years in prison and fined 10,000 yuan for being found guilty of forced trading. He is sentenced to 8 years and 6 months in prison and a fine of 50,000 yuan for the combined crime of extortion and forced trading.
Defendant Tenpa Gyatso, will be sentenced to 7 years in prison and fined 40,000 yuan for being found guilty of extortion; is sentenced to 2 years in prison and fined 10,000 yuan for guilty of forced trading. He is sentenced to 8 years in prison and a fine of 50,000 yuan for the combined crime of extortion and forced trading.
Defendant Tamdin Dorjee, is sentenced to 7 years in prison and fined 40,000 yuan for guilty of extortion; is sentenced to 2 years in prison and fined 10,000 yuan for being found guilty of forced trading. He is sentenced to 8 years in prison and a fine of 50,000 yuan for the combined crime of extortion and forced trading.
Defendant Choepa Tsering, is sentenced to 7 years in prison and fined 40,000 yuan for being found guilty of extortion; will be sentenced to 2 years in prison and fined 10,000 yuan for guilty of forced trading. He is sentenced to 8 years in prison and a fine of 50,000 yuan for the combined crime of extortion and forced trading.
Defendant Tamdin Tsering, will be sentenced to 7 years in prison and fined 40,000 yuan for being found guilty of extortion; is sentenced to 2 years in prison and fined 10,000 yuan for being found guilty of forced trading. He is sentenced to 8 years in prison and a fine of 50,000 yuan for the combined crime of extortion and forced trading.
The land involved in forced trading will be returned to the victim; the blackmailed money must be returned to the victim.
Defendants, did you hear the sentence clearly?
The ten defendants replying together: Heard it clearly!
This is an oral verdict. You will receive a written verdict within five days. If you disagree, you can appeal to the Intermediate People’s Court of Kanlho (Gannan) Tibetan Autonomous Prefecture through this court or directly. You can appeal within ten days.
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