The defendants Zuoyue Y., Xianghai Y., etc. charged felony counts of illegally hunting and killing threatened and endangered wildlife (appellate case)

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

In October 2016, the defendants Zuofeng Y., Zuoyue Y., Xianghai Y. drove to a place named “Shenxian River” at the boundary beam forest farm in Langao County, Shaanxi Province to lay a wire harness to hunt wildlife. Later, the three defendants went up the mountain and found that a black bear had been caught by wire sleeve and was dead. They removed the internal organs except the bear gall. Subsequently, they sold the body of the black bear and the bear gall to Zhang at a price of 10,000 yuan. Zuofeng Y. and Zuoyue Y. each received 3,500 yuan, and Xianghai Y.received 3,000 yuan. Zuofeng Y., Zuoyue Y., Xianghai Y. confessed to having illegally hunted threatened and endangered wildlife species.

Language of document
Chinese
Reference number
(2018) Yu 02, No.3 final instance
Charges
Zuofeng Y., Zuoyue Y., Xianghai Y. were charged with illegally hunting and killing threatened and endangered wildlife species.
Money value
Although not stated, the financial resources of it is around 3,000 RMB.
Transnational
No
Decision
The court found the defendants Zuofeng Y., Zuoyue Y., Xianghai Y. guilty of illegal hunting of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Zuoyue Y. was sentenced to imprisonment for 2 years, and fined 40,000 yuan. Zuofeng Y. was sentenced to imprisonment for 1 year and 10 months, and fined 40,000 yuan. Xianghai Y. was sentenced to imprisonment for 1 year and 8 months, and fined 30,000 yuan. Recovery of Zuofeng Y.’s illegal income of 3500 yuan, Zuoyue Y.'s illegal income of 3500 yuan, and Xianghai Y.'s illegal income of 3000 yuan.
Court cases cited
Based on the decision of first instance: (2017) Yu 0101, No.1196 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife