The defendants Yan, Li, etc. charged felony counts of possession of firearms and ammunition (appellate case)

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

At 18:00 on January 4, 2017, the defendant Li called Yan and Xu respectively, saying that he had a small caliber rifle, and proposed to hunt in the mountain that night. Yan and Xu agreed. At about 19 o'clock, Li carried the small-caliber rifle, 6 bullets and a lamp, and Xu drove Yan's car, went to a forest farm for hunting. When the car approached a certain management station, Xu found that there was an object on the side of the road. After Li and Yan got off the car, they found a dead body of a rabbit with a wire wrapped around its waist. Yan placed the dead body in the car. During the hunting process, Xu was responsible for driving a vehicle, Yan was lighting, and Li was holding a gun. When they walked to a forest farm, they found a roe deer. Li shot and killed it. Yan used his own hunting knife to remove the roe deer's internal organs, and then loaded it into the car. When they drove to a certain management station, they were caught by the patrol police of the Forest Public Security Bureau.

Language of document
Chinese
Reference number
(2018) Nei 07, No.57 final instance
Charges
Li was charged with illegal possession of firearms, hunting and transportation of endangered wildlife; Yan and Xu were charged with illegal hunting and transportation of endangered wildlife.
Transnational
No
Decision
The court found the defendants Yan and Xu guilty of illegal hunting and transportation of endangered species according to criminal law Art. 341Ⅰand the defendant Li guilty of illegal possession of firearms, hunting and transportation of endangered species according to criminal law Art. 128Ⅰand Art. 341 I.
Appealed
No
Penalty
Li was sentenced to 6 months in prison and a fine of RMB 5,000. Yan was sentenced to 3 months in custody, 6 months’ probation and a fine of RMB 4,000. Xu was sentenced to 2 months in custody, 4 months’ probation and a fine of RMB 3,000. The appellate court upheld this decision. All crime involved items confiscated.