“管廷辉案件”是前段时间发生的案件,有人对他的行为构成犯罪和犯罪未遂持怀疑态度,本文对行为符合抢劫罪的犯罪构成,有社会危害性进行分析。他看见笔记但没有拿的行为是对象转换的抢劫行为,财物不属于有人身专属性的法益,因此,不改变抢劫罪的性质。对于他征得被害人同意离开的行为定性为犯罪未遂。由于符合“入室抢劫”这一法定加重情节,应当加重处罚。同时,考虑到他的行为属于未遂,而且坦白承认自己的罪行,社会危害性不大,应当从轻或减轻处罚。 “Guan Tinghui case ” is a case occurred some time ago, some people on his behavior constitutes a crime and attempted crimes skeptical, the behavior of the crime line with the composition of a crime of robbery, socially harmful analysis. He saw the note but did not take the act of robbery conversion of objects, property does not belong to the legal interests of personal identity, therefore, does not change the nature of robbery. For his consent to the consent of the victim to leave the behavior of the crime as an attempt. In line with the “robbery ” This statutory aggravating circumstances, should be aggravated. At the same time, taking into account his behavior is an attempt, but frankly admit their crimes, social harm is not large, should be lighter or mitigated punishment.