问题 单项选择题

【真题试题】 (2007年单项选择第18题)甲因盗窃罪被人民法院判处有期徒刑3年,缓刑3年。缓刑考验期满不久,司法机关查明甲在缓刑考验期内又盗窃价值6000余元的财物。对甲应当( )。

A.不撤销原判宣告的缓刑,以盗窃罪从重处罚

B.不撤销原判宣告的缓刑,与累犯从重处罚

C.撤销原判宣告的缓刑,前罪与后罪并罚

D.不撤销原判宣告的缓刑,前罪与后罪数罪并罚

答案

参考答案:C

解析:【真题解析】本题所考查的考点是缓刑的撤销。我国《刑法》第77条第1款规定:“被宣告缓刑的犯罪分子,在缓刑考验期限内犯新罪或者发现判决宣告以前还有其他罪没有判决的,应当撤销缓刑,对新犯的罪或者新发现的罪作出判决,把前罪和后罪所判处的刑罚,依照本法第69条的规定,决定执行的刑罚。”因此,只要被宣告缓刑的犯罪分子在缓刑考验期间内又犯新罪,无论是在缓刑考验期间内发现还是在缓刑考验期满后发现,都应当撤销缓刑,对新犯的罪作出判决,把前罪和后罪所判处的刑罚,依照《刑法》第69条的规定予以并罚。本题中,甲的盗窃罪是在缓刑考验期间内实施的,虽然发现的时候他的缓刑考验期已满,依照《刑法》的规定也应当撤销原判宣告的缓刑,前罪与后罪并罚。因此,本题的正确答案为C.

阅读理解

As a boy I was always small for my age. I was also five years younger than one of my brothers and seven years younger than the other. As a result I often felt left out when their friends came over to play. I was either too small or too young for whatever they were doing and they didn't want their younger brother listening in on their conversations either. More often than not I found myself outside playing alone and feeling forgotten.

I remember one spring afternoon feeling especially lonely as I sat in the yard behind our house. We lived miles from town and I rarely saw my own friends outside of school. I heard my brothers laughing from inside the house and felt a single tear coming down my cheek. At that moment I saw a large brown dog walking over to me. He looked happy and his tail was wagging as well. Even though he didn't know me he greeted me like a long lost friend, licking my chin and sitting beside me on the spring grass. It must have been at least an hour that I petted and talked to this four-legged angel. He let me pour out all my troubles and share my deepest thoughts before he kissed my cheek goodbye and ambled off either to Heaven or his home. I went back inside feeling happy, knowing that no matter what life may hold I was loved. Now over 40 years later I still remember that angel with a smile.

I believe that God sent him in that moment of sadness to remind me just how much he loved me. There is nothing more important than knowing we are loved. When we are loved, we will learn to love others. Learning to love helps us to understand ourselves and other people better.

小题1:How did the writer feel when his brothers’ friends came?

A.Proud.

B.Lonely.

C.Worried.

D.Happy.小题2:The writer shared his troubles and thoughts with the dog because ______.

it was his friend

B. it could understand him

C. it was friendly to him 

D. it looked like an angel

小题3:From Paragraph 2, we can learn that ______.

A.the boy met a long lost friend

B.the boy had no friends at school

C.the dog helped the boy realize that he was loved

D.the dog spent the afternoon with the boy and his brothers小题4:The author wrote the story to______.

A.encourage people to talk about their troubles

B.tell people they should treat animals friendly

C.share his unforgettable experience with us

D.show knowing you are loved is the most important

单项选择题