From January 2015 to April 2017, the defendant Yingwai B. found the defendant Peng B., and asked him for help in manufacturing firearms. Yingwai B. bought raw materials, and made the wooden gun handle, buttstock, and back bolt. After completing the above procedures, Peng B. welded the barrel clip, notch, back bolt on the gun barrel, trigger, and the specific link between the gun barrel and the bolt. In the end, Yingwai B. installed the front sight alone for sale. During this period, Yingwai B. and Peng B. made 10 guns powered by gunpowder. Except for two of them Peng B. kept at home, the other 8 were sold at prices ranging from 1,500 yuan to 2,500 yuan to others. Yingwai B. confessed to having illegally manufacturing and selling firearms, hunted endangered wildlife species under second class state protection; Peng B. confessed to having illegally manufacturing firearms.
Country
Type of court
Seat of court
Kunming
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
Chinese
Reference number
(2018) Yun, No.456 final instance
Charges
Yingwai B. was charged with illegal manufacture and sale of firearms, hunting and killing endangered wildlife; Peng B. was charged with illegal manufacture of firearms.
Species
Money value
Around 1000 RMB.
Transnational
No
Decision
The court found the defendant Yingwai B. guilty of illegal manufacture and sale of firearms, illegal hunting of endangered wildlife species according to criminal law Art. 125 Iand Art. 341 I and the defendant Peng B. guilty of illegal manufacture of firearms according to criminal law Art. 125 I.
Appealed
No
Penalty
Yingwai B. was sentenced to 11 years in prison and a fine of RMB 2,000. Peng B. was sentenced to 3 years in prison. All crime involved items confiscated.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife