问题 单项选择题

下列选项中,成立抢劫罪的是:( )

A.甲为了给妻子切菜用从商店购买了一把菜刀放在背包里,回家途中,见一女士乙刚从银行取完钱出来,于是跟踪乙到僻静处,突然乘乙不备,夺下乙的皮包就跑
B.甲深夜入室盗窃,被主人乙发现后为了摆脱乙踩了其一脚,然后逃离现场
C.甲和乙在同一条街上各开了一家饭店,由于管理方面的原因,乙经营的饭店比甲的生意红火得多,甲因此对乙怀恨在心。某日,甲叫来家族成员共十多人冲进乙的饭店,任意摔椅子、砸玻璃,造成了将近10万元的财产损失
D.甲在乙下班途中堵住乙,以暴力威胁让其交出3万元,乙称自己身上仅有百十来块钱,甲一暴躁正准备狠打乙一顿,惊吓之下乙赶紧说他的钱锁在办公室的保险柜里,共有2万元,但是保险柜的钥匙由其妻子保管。于是,甲胁持乙到其办公室,并让乙打电话给其妻子让她把保险柜的钥匙马上送过来,乙的妻子说有事在外面,要晚些才能过来。乙在被甲非法扣押2个小时后,其妻子终于托好友丙送了钥匙过来。乙拿到钥匙后取出钱给了甲

答案

参考答案:D

解析: 抢劫罪
[讲解] 关于A项。《刑法》第267条第2款规定:携带凶器抢夺的,定抢劫罪。如果行为人并不是为了违法犯罪而携带某种物品,实施抢夺时也没有准备使用的意识,则不属于这里的“携带凶器抢夺”。故A项错误,不当选。
关于B项。《刑法》第269条规定了转化型的抢劫罪:犯盗窃、诈骗、抢夺罪,为窝藏赃物、抗拒抓捕或者毁灭罪证而当场使用暴力或者以暴力相威胁的,定抢劫罪。注意,这里的“暴力、威胁”,必须达到足已制服被害人(一般是财物主人)反抗的程度,否则不能成立转化型的抢劫罪。故B项错误,不当选。
关于C项。抢劫罪的目的是非法占有他人财物,甲的行为构成故意毁坏财物罪。故C项错误,不当选。

单项选择题
单项选择题

Children are a relatively modem invention. Until a few hundred years ago they look like adult, wearing grown-up clothes and grown-up expressions, performing grown-up tasks. Children did not exist because the family as we know it had not evolved.
Children today not only exist; they have taken over in no place more than in America, and at no time more than now. It is always Kids Country here. Our civilization is child-centered, child-obsessed. A kid’s body is our physical ideal. In Kids Country we do not permit middle-aged. Thirty is promoted over 50, but 30 knows that soon his time to be overtaken will come.
We are the first society in which parents expect to learn from their children. Such a topsy-turvy situation has come to abort at least in part because, unlike the rest of the world, ours is an immigrant society, and for immigrants the only hope is in the kids. In the Old Country, that is, Europe, hope was in the father, and how much wealth he could accumulate and pass along to his children. In the growth pattern of America and its ever- expanding frontier, the young man was ever advised to GO WEST; the father was ever inheriting from his son. Kids Country may be the inevitable result.
Kids Country is not at all bad. America is the greatest country in the world to grow up in because it is Kids Country. We not only wear kids clothes and eat kids food; we dream kids dreams and make them come tree. It was, after all, a boys’ game to go to the moon.
If in the old days children did not exist, it seems equally true today that adults, as a class, have begun to disappear, condemning all of us to remain boys and girls forever, jogging and doing push-ups against eternity.

Going to the moon is an example of ______ .

A.America’s dreams and creativity

B.America’s childish and queer behavior

C.why America hasn’t grown up

D.why America is considered as the greatest country in the world