On January 6, the upstream news reporter learned that on December 30, 2019, the first trial decision of Chengdu Jinniu District Court: Wu and Wang, who stole the tower, were sentenced to 8 and 10 years of combined punishment for theft and negligence, respectively, and more than 300000 yuan of compensation for China tower company.
There are 7 stolen communication towers with a total value of more than 370000 yuan. Picture / Chengdu Business Daily
Two people were killed when the tower fell on the street in Chengdu
It happened on the afternoon of December 29, 2018.
The upstream news reporter learned that at about 2:00 p.m. that day, a rare accident happened on jinfurong Avenue, Jinniu District, Chengdu City: an accident occurred when a crane lifted the tower on the side of the road, and the tower fell and hit a driving van. According to the field video, one end of a half meter diameter pole type iron tower is in the middle of the crane, and the other end is pressed on the front cab of the car. The top of the car is sunken, the car head has been smashed flat, and the whole car is seriously deformed. Two people were killed in the car.
Police investigation found that it was not the tower owner China tower company that used the crane to dismantle the tower that day, but Wu and Wang hired cranes to steal the tower, resulting in tragedy due to operational errors. The police detained two suspects the day after the incident.
Wu Mou, the defendant in the case, is a former employee of China Tower Chengdu Branch, who is very clear about where there are abandoned communication towers around Chengdu, a person familiar with the case told the upstream news reporter. Using this working background, Wu collaborated with Wang, the owner of the scrap purchase station. One person was responsible for looking for the target of the tower, the other was responsible for contacting the hoisting company to dismantle and hoist the tower. In the daytime, he was stealing the tower in the downtown area.
Police found that the accident on December 29, 2018 was not the first time Wu and Wang had stolen the tower. In December 2018, after premeditated, Wu and Wang adopted crane hoisting for many times, and successfully stole 6 communication towers and auxiliary facilities of China iron tower company, and transported the stolen towers to the scrap purchase station for sale and then wasted all their money.
After identification, plus the 7th unsuccessful theft of the tower, Wu and his wife caused a total loss of 375000 yuan to China Tower Corporation.
u25b2 on December 29, 2018, two people died when a car was hit by a tower on the street of Jinniu District, Chengdu. Picture / Sichuan traffic radio
Crime of endangering public security by dangerous means
According to the criminal judgment no.851 (2019) of Chengdu Jinniu District Court, the court found that in December 2018, Wu and Wang had stolen communication towers by crane hoisting in many places in Jinniu District. On December 29, 2018, two people died when the tower collapsed due to carelessness, failure to set up safety protection measures at the construction site and failure to operate in accordance with safety regulations.
The court decided that the acts of the two people not only constitute theft, but also the hoisting operation of the communication tower without taking safety protection measures due to carelessness beside the main road of the city, endangering public safety, causing serious consequences of the death of the two people, constituting the crime of endangering public safety by means of negligence.
When Wu and Wang steal the 7th tower, the tower falls down and the theft is stopped, which is a crime attempt. The value of the 7th tower should be deducted from the theft amount. The court finally determined that the actual theft amount of the two persons was 301000 yuan.
According to the first trial of Jinniu District Court, Wu and Wang committed the crime of endangering public security by dangerous means due to theft and negligence. They were punished for several crimes together and were sentenced to 8 and 10 years imprisonment. The two together returned 300000 yuan to Chengdu Branch of China Tower. Wu and Wang said in court that they would not appeal.
It is understood that the crime of negligent endangering public security by dangerous means is different from the common crime of endangering public security by dangerous means. The former must have serious consequences to constitute a crime, and the latter, as long as the harmful act is carried out, constitutes a crime even if no serious consequences are caused. In addition, in the subjective aspect, the former is due to negligence, while the latter is due to intention.