Country
Type of court
Seat of court
Shaoxing
Court jurisdiction
Date of opinion
2019
Abstract
1. In October 2017, the defendant Gao Ming and the defendant Hu Jianfeng illegally hunted one owl-shaped animal of the national second-level protection animal, and was later killed by Gao Ming. 2. From September to October 2017, the defendants Gao Ming and Hu Jianfeng illegally hunted more than 10 wild birds in the reeds in the coastal mudflats of Shangyu. The public security machine detained one iPhone from the defendant Gao Ming on October 27, 2017, and two bamboo poles and two ropes from the defendant Hu Jianfeng on April 19, 2018. Ming G. and Jianfeng H. confessed to having illegally catched or killed precious and endangered species of wildlife and hunting wildlife.
Language of document
Chinese
Reference number
(2019) Zhe 06, Criminal Final No.187 instance
Charges
Ming G., Jianfeng H. were charged with illegally catching or killing precious and endangered species of wildlife and hunting wildlife.
Money value
Around 15,000 RMB
Transnational
No
Decision
The court found the defendant Ming G. guilty of illegally hunting or killing precious and endangered species of wildlife and hunting wildlife according to criminal law Art. 341ⅠII. The court found the defendant Jianfeng H. guilty of illegally catching or killing precious and endangered species of wildlife according to criminal law Art. 341 I and II.
Appealed
No
Penalty
Ming G. was sentenced to 1 years and 6 months in prison and a fine of RMB 2,000 for illegally catching or killing precious and endangered species of wildlife and was sentenced to 8 months in prison. it was decided to execute a fixed-term imprisonment of one year and six months in addition to a fine of CNY2,000 . Jianfeng H. was sentenced to 9 months in prison and a fine of RMB 1,000 for illegally catching or killing precious and endangered species of wildlife and was sentenced to 8 months in prison. it was decided to execute a fixed-term imprisonment of one year and one months in addition to a fine of CNY1,000 . Ming G. And Jianfeng H. should compensate the national resource loss of RMB 15,000. Crime involved items confiscated. The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance: (2018) Zhe 0604, Criminal First No.880 instance
Text and analysis