Country
Type of court
Seat of court
Haikou
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 Qiong Criminal Final 60
Charges
Lianghan S. , Ruixing F., Renpeng Z., Dening X., Zhuanghe M. , Qingke Z., Hong C., Guanglei L.,Qingzhuang L., Chuanjiang W., Daoguan L., Bangshu L., Yunshi F. And Shifu C. were charged with illegally purchasing, transporting and selling rare and endangered wild animals.
Species
Money value
699600 RMB
Transnational
No
Decision
The court found the defendant at first trial Lianghan S. guilty of illegally purchasing, transporting and selling threatened and endangered wild animal. according to criminal law Art. 341 Ⅰ. The court found the defendant at first trial Ruixing F. and Renpeng Z. guilty of illegally purchasing, threatened and endangered wild animal. according to criminal law Art. 341 Ⅰ. The court found the defendant at first trial Dening X., Hong C., Guanglei L., Qingzhuang L., Chuanjiang W., Daoguan L., Bangshu L., Zhuanghe M. , Qingke Z., Yunshi F. And Shifu C. guilty of illegally transporting threatened and endangered wild animals according to criminal law Art. 341 I.
Appealed
No
Penalty
1、 The appellate court upheld those decisions: Zhuanghe M. was sentenced to 3 years in prison with a suspension of 4 years and a fine of RMB 5,000 for illegally transporting rare and endangered wild animals. Qingke Z. was sentenced to 3 years in prison with a suspension of 4 years and a fine of RMB 5,000 for illegally transporting rare and endangered wild animals. Hong C. was sentenced to 2 years in prison with a suspension of 3 years and a fine of RMB 5,000 for illegally transporting rare and endangered wild animals. Guanglei L. was sentenced to 2 years in prison with a suspension of 3 years and a fine of RMB 5,000 for illegally transporting rare and endangered wild animals. Qingzhuang L. was sentenced to 2 years in prison with a suspension of 3 years and a fine of RMB 5,000 for illegally transporting rare and endangered wild animals. Chuanjiang W. was sentenced to 2 years in prison with a suspension of 3 years and a fine of RMB 5,000 for illegally transporting rare and endangered wild animals. Daoguan L. was sentenced to 2 years in prison with a suspension of 3 years and a fine of RMB 5,000 for illegally transporting rare and endangered wild animals. Bangshu L. was sentenced to 2 years in prison with a suspension of 3 years and a fine of RMB 5,000 for illegally transporting rare and endangered wild animals. Yunshi F. was sentenced to 1 year and 6 mouths in prison with a suspension of 2 years and a fine of RMB 3,000 for illegally transporting rare and endangered wild animals. Shifu C. was sentenced to 1 year and 6 mouths in prison with a suspension of 2 years and a fine of RMB 3,000 for illegally transporting rare and endangered wild animals. All crime involved items confiscated. 2.The appellate court repealed those decisions: Lianghan S. was sentenced to 5 years in prison and a fine of RMB 20,000 for illegally purchasing, transporting and selling rare and endangered wild animals. Ruixing F. was sentenced to 4 years in prison and a fine of RMB 10,000 for illegally purchasing rare and endangered wild animals. Renpeng Z. was sentenced to 4 years in prison and a fine of RMB 10,000 for illegally purchasing rare and endangered wild animals. Dening X. was sentenced to 3 years and 6 mouths in prison and a fine of RMB 8,000 for illegally transporting rare and endangered wild animals. 3. The defendant at first trial Lianghan S. was sentenced to 6 years in prison and a fine of RMB 20,000 for illegally purchasing, transporting and selling rare and endangered wild animals. 4. The defendant at first trial Ruixing F. was sentenced to 5 years and 6 mouths in prison and a fine of RMB 10,000 for illegally purchasing rare and endangered wild animals. 5. The defendant at first trial Renpeng Z. was sentenced to 5 years and 6 mouths in prison and a fine of RMB 10,000 for illegally purchasing rare and endangered wild animals. 6. The defendant at first trial Dening X. was sentenced to 5 years in prison and a fine of RMB 8,000 for illegally transporting rare and endangered wild animals.
Text and analysis