Yuyang F. and Xiaobin H. charged felony counts of illegally hunting and killing endangered wildlife. (appellate case)

Country
Type of court
Seat of court
Tongchuan
Court jurisdiction
Date of opinion
2018
Abstract

At 12 o'clock on June 1, 2016, Feng drove Yuyang F. and Xiaobin H. to the Yaoyu Village in the silver van for work. Xiaobin H. saw a big white bird land on the pole in the river, and called on Yuyang F. to hit with a slingshot. The local villager Li, who bypassed, advised them not to strike, because the bird was protected by state, and they did not listen. Yuyang F shot down the white bird to the ground and wrapped it in his clothes. On the way back, Yuyang F. found that the white bird had a foot ring with a code. Fear of being investigated, he threw the injured white bird into the roadside river channel. Xiaobin H. complained that he could not stew it for consumption. Yuyang F. and Xiaobin H. confessed to have illegally hunted and killed endangered wildlife.

Language of document
Chinese
Reference number
(2018) Shaan 02, No.2 final instance
Charges
The defendants Yuyang F. and Xiaobin H. were charged with illegally hunting and killing endangered wildlife.
Transnational
No
Decision
The court found the defendants Yuyang F. and Xiaobin H. guilty of illegal hunting and killing of endangered wildlife according to criminal law Art. 341 I.
Appealed
No
Penalty
Yuyang F. was sentenced to 10 years in prison and fined 3,000 yuan. Xiaobin H. was sentenced to 8 years in prison and fined 3,000 yuan. All crime involved items were confiscated. The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance: (2017) Shaanxi 0204, No.119 first instance
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife