Ke C.'s father left a gun after his death. Later, Ke C. purchased a sight to modify the gun and purchased 300 bullets for hunting. From mid-December 2016 to January 5, 2017, Ke C. drove with gun into the Dahuangshan Nature Reserve several times, hunted three rock sheep, and slaughtered them with the knife he carried. On January 7, 2017, Ke C. again went to Dahuangshan to hunt rock sheep but failed. At 5 pm that day, when Ke C.'s sheep nephew was driving the truck with Ke C.'s son to pick him up. On their way home, they were inspected by the police, a gun was seized from the car on the spot, containing 5 bullets, and from the Ke C. pants pocket found 1 folding knife and 7 bullets. At about 21:00 that night, the police conducted a search of Ke C. at the sheep farm and at his home, a total of 130 bullets, 2 dead bodies of rock sheep and 4 legs and other items were found. Ke C. confessed to having illegally possessed of firearms and having illegally hunted and killed threatened and endangered wildlife species.
The defendant Ke C. charged felony counts of illegally hunting and killing threatened and endangered wildlife (appellate case)
Country
Type of court
Seat of court
Zhangye
Court jurisdiction
Date of opinion
2017
Abstract
Language of document
Chinese
Reference number
(2017) Gan 07, No.84 final instance
Charges
Ke C. was charged with illegal possession of firearms, hunting and killing threatened and endangered wildlife species.
Species
Money value
Around 12,000 RMB.
Transnational
No
Decision
The court found the defendant Ke C. guilty of illegal possession of firearms according to criminal law Art. 128Ⅰ and guilty of illegal hunting and killing of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Ke C. was sentenced to 5 years and 6 months in prison and a fine of RMB 10,000. The appellate court upheld this decision. All crime involved items confiscated.
Court cases cited
Based on the decision of first instance: (2017) Gan 0725, No.75 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis