From April to July 2018, Danyan J., Guohua W. and Jinxia S. drove several times to Shaowu and Wuyi Mountain to hunt birds. Among them, Danyan J. and Guohua W. were responsible for shooting birds, and Jinxia S. was responsible for driving and selling birds at a price ranging from 15 yuan to 50 yuan to many restaurants and individuals. On July 3, 2018, Danyan J., Guohua W. and Jinxia S. drove a Min A××××× trolley to the woodland in Shaowu City, and used an air gun to hunt herons. They were seized by the Xianyang Forest Police Station, and 214 dead heron birds, 1 air gun and 521 rounds of lead bullets were seized on the spot. After identification, the 214 dead birds found were heronidae, including 170 egrets, which belonged to the terrestrial wildlife under special protection in Fujian Province; 26 cattle egrets, 17 night herons, and one pond heron, which belonged to the general protection of terrestrial wildlife in Fujian Province. Danyan J. and Jinxia S. confessed to having illegally hunted wild animals, and Guohua W. confessed to having illegally hunted wild animals and illegally possessed ammunition.
The defendants Danyan J., Guohua W. and Jinxia S. charged felony counts of illegally hunting wild animals (first instance)
Country
Territorial subdivision
Type of court
Seat of court
Pucheng
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2019) Min.0722, No.4 first instance
Charges
Danyan J. and Jinxia S. were charged with illegally hunting wild animals, and Guohua W. was charged with illegally hunting wild animals and illegally possessing ammunition.
Transnational
No
Decision
The court found the defendants Danyan J., Guohua W. and Jinxia S. guilty of illegal hunting wild animals according to criminal law Art. 341 II, the defendant Jinxia S. guilty of illegal possession of ammunition according to criminal law Art. 128 I.
Appealed
No
Penalty
Danyan J. was sentenced to 2 years and 2 months in prison. Guohua W. committed the crime of illegal hunting wild animals and was sentenced to 2 years and 2 months in prison; for the crime of illegally possessing ammunition, he was sentenced to 6 months in prison. The total sentence was 2 years and 8 months, and executing sentence of 2 years and 4 months. Jinxia S. was sentenced to imprisonment for 1 year and 10 months and suspended for 2 years. The illegal income of Guohua W.'s withdrawal of 50,000 yuan and the illegal income of Jinxia S.'s withdrawal of 22,063 yuan were confiscated. The crime involved items were confiscated. Continuing to recover 42,301 yuan of illegal income in this case.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife