On July 7, 2014, the defendant Dong B. shot a sambar in the forest downstream of the Lancang River beside the base of Jinghong City. The next morning, the defendants Qiang L., Dong B., Hongping Z. and Zhaluo L. went to the place where the sambar was hunted to peel and divide the meat and then returned by boat. On the way, the four defendants discussed hunting together. Qiang L. provided the two shotguns stored in Dong B. to Fusheng L. and Weikang Z. for hunting. During this period, Fusheng L. hit a red deer and a sambar with a shotgun. Qiang L., Dong B. confessed to have illegally hunted and killed endangered wildlife and illegally possessed guns, Hongping Z., Fusheng L., Weikang Z. confessed to illegally hunted and killed endangered wildlife. Qiang L., Dong B. confessed to have illegally hunted and killed endangered wildlife and illegally possessed guns.
Qiang L. and Hongping Z. charged felony counts of illegally hunting, killing endangered wildlife, illegally possessing and concealing of guns, ammunition. (appellate case)
Country
Type of court
Seat of court
Xishuangbanna
Court jurisdiction
Date of opinion
2015
Abstract
Language of document
Chinese
Reference number
(2015) Xi, No.113 final instance
Charges
The defendants Qiang L. and Dong B. were charged with of illegally hunting, killing endangered wildlife and illegally possessing guns, the defendants Hongping Z., Fusheng L. and Weikang Z. were charged with illegally hunting, killing endangered wildlife.
Species
Money value
22,840 RMB.
Transnational
No
Decision
The court found the defendants Qiang L., Dong B., Hongping Z., Fusheng L. and Weikang Z. guilty of illegal hunting, killing of endangered wildlife according to criminal law Art. 341 I, and Qiang L., Dong B. guilty of illegal possession of guns according to criminal law Art. 128 I.
Appealed
No
Penalty
Dong B. was sentenced to 1 year and 10 months in prison and fined 5,000 yuan. Qiang L. was sentenced to 4 years and fined 8,000 yuan. Fusheng L. was sentenced to 1 year in prison and fined 8,000 yuan. Weikang Z. was sentenced to 1 year in prison and fined 8,000 yuan. Hongping Z. was sentenced to 1 year and 6 months in prison and fined 8,000 yuan. Three firearms involved confiscated. The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance: (2015) Jing, No.236 first instance
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife