In 2011, the defendants Taiping L. and Jianjin M. went to the forest in Yao District to see if any elephant had damaged the rubber tree. During the period, the defendant Taiping L. asked Jianjin M. to wait on the spot, and he walked forward with his gun alone. After discovering the herd, he fired two shots at one of the elephants. After hearing the call of the elephants, the two fled the scene for fear. The next night, the defendant Taiping L. and Jianjin M. invited the defendants Xiang L., Yingxin P. and Baofu P.(deceased) to the scene. The elephant was dead and they cut off one of the ivories. The defendant Taiping L. took it home for safekeeping. The next day, the defendants Taiping L. and Yingxin P. went to the scene again to cut off another damaged ivory and took it home. The defendant Taiping L. then sold the ivory to the defendant Jiaming Y. Then Jiaming sold the ivory to the defendants Wenrong P. and Xiaohui L. The defendant Xiaohui L. sold the ivory to Deng (handled in another case). On November 28, 2011, the killed elephant was found in the forest at Mi District, Yao District. On October 29, 2014, investigators found a suspected gun held by the defendant Jiaming Y. at his former wife's residence.
Country
Type of court
Seat of court
Fuzhou City
Court jurisdiction
Date of opinion
2015
Abstract
Language of document
Chinese
Reference number
(2015) La, No.171 first instance
Charges
Taiping L. was charged with of illegally hunting, killing endangered wildlife, concealing and disguising the proceeds of crime, Jiaming Y. was charged with illegally possessing and concealing of guns, ammunition, concealing and disguising the proceeds of crime, Jianjin M., Xiang L. and others were charged with concealing and disguising the proceeds of crime.
Species
Money value
500,000 RMB.
Transnational
No
Decision
The court found the defendant Taiping L. guilty of hunting, killing endangered wildlife, concealing and disguising the proceeds of crime, Jiaming Y. guilty of illegally possessing and concealing of guns, ammunition, concealing and disguising the proceeds of crime, Jianjin M., Xiang L. and others guilty of concealing and disguising the proceeds of crime according to criminal law Art. 341 I
Appealed
Yes
Penalty
The defendant Taiping L. was sentenced to 10 years in prison and fined 100,000 yuan. The defendant Jianjin M. was sentenced to 3 years in prison and fined 20,000 yuan. The defendant Xiang L. was sentenced to 3 years in prison and fined 30,000 yuan. The defendant Yingxin P. was sentenced to 2 years in prison with a fine of 20,000 yuan. The defendant Jiaming Y. was sentenced to 3 years in prison and a fine of 30,000 yuan; for the crime of illegally holding a firearm, he was sentenced to 1 year in prison. The defendant Wenrong P. was sentenced to 3 years and 6 months in prison with a fine of 30,000 yuan. The defendant Xiaohui L. was sentenced to 3 years in prison and fined 30,000 yuan.
Text and analysis