In February 2017, Fang Yuquan used a gun to kill a wild boar in the Baiyang Nature Reserve in Songpan County. In March, Fang Yuquan was invited to bring a gunpowder gun and Ren Tingchun and Zhao Yichong brought 9 hunting dogs to hunt down the wild animal "Rock Sheep". Afterwards, the three men "rock sheep" 5 more. On the 27th, Fang Yuquan transported the defendants Ren Tingchun, Zhao Yichong and the above-mentioned "rock sheep" and wild boar products to the road section of Beichuan Qiang Autonomous County by the public security police. On the 28th, the defendant Fang Yuquan voluntarily confessed the fact that he possessed a "powder gun". The next day, the public security police seized the "powder gun". Yuquan F. confessed to having illegally possessing guns, having illegally catched or killed precious and endangered species of wildlife and having hunted wildlife. Tingchun R. and Yihchong Z. confessed to having illegally catched or killed precious and endangered species of wildlife.
The defendants Yuquan F.,Tingchun R. and Yihchong Z.charged felony counts of illegally catching or killing precious and endangered species of wildlife(appellate case)
Country
Type of court
Seat of court
Liangshan Yi Autonomous Prefecture, Sichuan Province
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
Chinese
Reference number
(2019) Chuan 07, Criminal Final No.138 instance
Charges
Yuquan F., Tingchun R. and Yihchong Z. were charged with illegally possessing guns, having illegally catched or killed precious and endangered species of wildlife and having hunted wildlife.
Species
Transnational
No
Decision
The court found the defendant Yuquan F. guilty of possessing guns, illegally catching or killing precious and endangered species of wildlife and hunting wildlife according to criminal law Art. 341 I, II and Art. 128. The court found the defendant Tingchun R. and Yihchong Z. guilty of illegally catching or killing precious and endangered species of wildlife and hunting wildlife according to criminal law Art. 341 I.
Appealed
No
Penalty
Yuquan F. was sentenced to 8 months in prison for illegally possessing guns, 7 months in prison for hunting wildlife, and 2 years and 6 months in prison and a fine of RMB 5,000. It was decided to execute a fixed-term imprisonment of 3 years and 6 months in prison and a fine of RMB 5,000; Tingchun R. was sentenced to 5 years and 6 months in prison and a fine of RMB 8,000; Yihchong Z. was sentenced to 5 years in prison and a fine of RMB 7,000; All crime involved items were confiscated.
Court cases cited
Based on the decision of first instance: (2018) Chuan 0726, Criminal First No.2 instance
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife