One day at the end of November 2016, Jiping W., Zuowu H., Dongfeng Z., Yuxing Z., Yubing L., Nengshu H., Jihua L. and Huang (dead) knew that the swans under state protection, they discussed the hunting of swans together in Dongting Lake in the absence of hunting licenses. The division of personnel was: Huang provided guns and ammunition, Huang, Jiping W., and Hu Zuowu were responsible for shooting; Dongfeng Z., Yuxing Z., Yubing L., Nengshu H., and Jihua L. were responsible for picking up swans; the two sides allocated the captured swans according to the ratio of six to four. In December 2016, Ziping L. purchased two swans from Hui at a price of 1,800 yuan, one sold to Wang 2 (another case), and one sold to a person from Changsha. In December 2016, Junyu Y. purchased 5 little swans and gave them to Zhou 2 (handled separately); in January 2017, Fuyuan X. purchased 5 swans, and Zhihua W. purchased 3 swans; In December 2016, Yuehui Z. purchased 2 swans, and Cangsong W. purchased 1 swan; on the afternoon of January 18, 2017, Cangsong W. purchased 1 swan from Hui. During the transaction, they was caught on the spot by the police of Yueyang Forest Public Security Bureau, and one swan was seized. Jiping W., Zuowu H., Dongfeng Z., Yuxing Z., Yubing L., Nengshu H., Jihua L. and Hui confessed to having illegally hunted and killed rare and endangered wild animals, Ziping L. confessed to having illegally purchased and sold rare and endangered wild animals, Fuyuan X., Junyu Y., Zhihua W., Yuehui Z. and Cangsong W. confessed to having illegally purchased rare and endangered wild animals.
The defendants Jiping W., Zuowu H. and others charged felony counts of illegally hunting and killing rare and endangered wild animals, Ziping L., Fuyuan X. and others charged felony counts of illegally purchasing, transporting or selling rare and endangered wild animals and their manufactured products (first instance case)
Country
Territorial subdivision
Type of court
Seat of court
Xiangyin
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
Chinese
Reference number
(2018) Xiang 0624, No.23 first instance
Charges
Jiping W., Zuowu H., Dongfeng Z., Yuxing Z., Yubing L., Nengshu H., Jihua L. and Hui charged with illegally hunting and killing rare and endangered wild animals, Ziping L. charged with illegally purchasing and selling rare and endangered wild animals, and Fuyuan X., Junyu Y., Zhihua W., Yuehui Z. and Cangsong W. charged with illegally purchasing rare and endangered wild animals.
Species
Money value
More than 150,000 RMB
Transnational
No
Decision
The court found the defendants Jiping W., Zuowu H., Dongfeng Z., Yuxing Z., Yubing L., Nengshu H., Jihua L. and Hui guilty of illegal hunting and killing of rare and endangered wild animals according to criminal law Art. 341Ⅰ, the defendants Ziping L., Fuyuan X., Junyu Y., Zhihua W., Yuehui Z. and Cangsong W. guilty of illegal purchase and sale of rare and endangered wild animals according to criminal law Art. 341 I.
Appealed
No
Penalty
Shangping Y. was guilty of illegally hunting and killing rare and endangered wild animals, was sentenced to 11 years in prison, and fined RMB 80,000. Zuowu H. was guilty of illegally hunting and killing rare and endangered wild animals, was sentenced to 9 years in prison, and fined RMB 60,000. Dongfeng Z. was guilty of illegally hunting and killing rare and endangered wild animals, was sentenced to 7 years in prison, and fined RMB 50,000. Yuxing Z. was guilty of illegally hunting and killing rare and endangered wild animals, was sentenced to 6 years in prison, and fined RMB 40,000. Yubing L. was guilty of illegally hunting and killing rare and endangered wild animals, was sentenced to 9 years in prison, and fined RMB 60,000. Nengshu H. was guilty of illegally hunting and killing rare and endangered wild animals, was sentenced to 5 years and 6 months in prison, and fined RMB 35,000. Jihua L. was guilty of illegally hunting and killing rare and endangered wild animals, was sentenced to 5 years in prison, and fined RMB 30,000. Hui was guilty of illegally hunting and killing rare and endangered wild animals, was sentenced to 5 years in prison, and fined RMB 20,000. Li Ziping was guilty of illegally purchasing and selling rare and endangered wildlife, was sentenced to one year in prison, suspended for one year and six months, and fined RMB 10,000. Fuyuan X. was guilty of illegally purchasing rare and endangered wildlife, was sentenced to 3 years in prison, suspended for 4 years, and fined RMB 20,000. Junyu Y. was guilty of illegally purchasing rare and endangered wildlife, was sentenced to 3 years in prison, suspended for 3 years and 6 months, and fined RMB 20,000. Zhihua W. was guilty of illegally purchasing rare and endangered wildlife, was sentenced to 1 year and 6 months in prison, suspended for 2 years, and fined RMB 10,000. Yuehui Z. was guilty of illegally purchasing rare and endangered wildlife, was sentenced to 1 year in prison, suspended for 1 year, and fined RMB 10,000. Cangsong W. was guilty of illegally purchasing rare and endangered wildlife, was sentenced to 1 year in prison, suspended for 1 year, and fined RMB 10,000. Jiping W., Zuowu H., Dongfeng Z., Yuxing Z., Yubing L., Nengshu H. and Liu Jihua were ordered to stop the infringement, and the total compensation for the loss of national wildlife resources was RMB 69,472. Among them: Zuowu H., Jiping W., Yuxing Z., Yubing L. and Nengshu H. shall bear joint responsibility within the loss range of 69,472 yuan; Dongfeng Z. shall bear the joint responsibility within the loss range of 62,792 yuan; Jihua L. shall bear the joint responsibility within the loss range of 56,112 yuan. Jiping W., Zuowu H., Dongfeng Z., Yuxing Z., Yubing L., Nengshu H., Jihua L. were ordered to take an alternative approach to rehabilitate the ecological environment, shall jointly bear the repair cost of 80,000 yuan. Jiping W., Zuowu H., Dongfeng Z., Yuxing Z., Yubing L., Nengshu H., Jihua L. were ordered to apologize to the public through Hunan provincial news media and above. Jiping W., Zuowu H., Dongfeng Z., Yuxing Z., Yubing L., Nengshu H., Jihua L. were ordered to jointly bear the expert consultation fee of RMB 16,000 in this case and bear joint and several liabilities with each other.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife