入室盗窃后对熟睡中的人进行伤害该如何定性（How to determine the injury to the sleeping person after the burglary）.docVIP

入室盗窃后对熟睡中的人进行伤害该如何定性（How to determine the injury to the sleeping person after the burglary） How to determine the injury to the sleeping person after the burglary? Author: Xiao Lexin release time: 2010-07-21 11:02:19 [case] Defendant Hwang in September 23, 2007 late at night climbed into the window of the victim Yu Mou bedroom theft. The stolen money left in the living room to the bedroom, for fear of more than one woke up and found stolen, so I picked up a stick on the ground more than a return room will be seriously wounded after fleeing. [divergence] There are two different opinions on the behavior of Hwang: the first view is that Hwang constitutes robbery. According to Chinas criminal law provisions of article 269th, guilty of theft, fraud, robbery, for booty, resist arrest or destroy the evidence on the spot use of violence or threat of violence, in accordance with article 263rd of the criminal law on the crime of robbery conviction and punishment. Hwangs behavior belongs to the transformation of criminal jurisprudence, and robbery should be qualitative. The second view, Huang commits the crime of theft and crime of intentional injury, should be two crimes. The reason is Hwangs behavior is not consistent with the constitutive elements of the crime of transformed robbery, theft of the injury behavior after the implementation can be identified as a behavior in the implementation of the new criminal intent under the domination of the crime of theft and crime of intentional injury crimes. [comment] The author tends to the first opinion. The reasons are as follows: 1. This case conforms to the crime of transformed robbery stipulated in article 269th of the criminal law From the theory of criminal law and judicial practice, the transformation of article 269th of the criminal law of the crime of robbery has three elements: first, the crime is a prerequisite for criminal behavior before the implementation of the theft, fraud, robbery and other crime. In the case of tran