A man was killed as a prey in Jiangsu Province

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 A man was killed as a prey in Jiangsu Province


The defendant, Liu Fei, male, born on April 10, 1973, is a member of the Communist Party of China, unemployed, and lives in Jiangning District, Nanjing city. Liu Fei, the defendant, was detained for five days by Jiangning branch of Nanjing Public Security Bureau on April 22, 2006 due to his illegal possession of guns, and for five days by Taixing Public Security Bureau on December 13, 2007 due to his illegal possession of guns. Liu Fei, the defendant, was detained on October 3, 2019 for the crime of illegal hunting. On November 8, 2019, Liu Fei was arrested for the crime of causing death due to negligence, the crime of illegally holding guns, the crime of illegally manufacturing ammunition and the crime of illegally hunting. He is now in custody at the detention center of Lishui District, Nanjing.

Defender Zhu Yuming, lawyer of Jiangsu Hongyuan law firm.

Xie Jingjing, the defender, is an intern lawyer of Jiangsu Hongyuan law firm.

The defendant, Gao Yujia, male, born on May 19, 1971, is an individual business and lives in Lishui District, Nanjing city. Gao, the defendant, was sentenced by the court on June 29, 2015 to four months detention, eight months probation and a fine of 9000 yuan for the crime of theft. Gao, the defendant, was detained on October 3, 2019 and arrested on November 8 of the same year for the crime of illegal hunting. He is now in custody at the detention center of Lishui District, Nanjing.

Defender Yong Li, lawyer of Jiangsu Quanheng law firm.

Li Hui, the defender, is a lawyer of Jiangsu law firm Dongheng (Lishui).

The defendant Zhang, formerly known as Zhang Yusheng, male, born on November 27, 1989, is unemployed and lives in Lishui District, Nanjing city. Zhang Mou, the defendant, was detained for five days by Lishui branch of Nanjing Public Security Bureau for illegally holding guns and ammunition; and was fined 200 yuan by Lishui branch of Nanjing Public Security Bureau on August 29, 2018 for illegally carrying control equipment. Zhang Mou, the defendant, was detained on October 3, 2019 for the crime of illegal hunting and was released on bail on November 8 of the same year.

Jin Yuzhong, defender, lawyer of Fangsheng law firm, Jiangsu province.

The peoples Procuratorate of Lishui District, Nanjing City, accused Liu Fei of the crime of negligent death, illegal possession of guns, and illegal manufacturing of ammunition, and the defendants Liu Fei, Gao a, and Zhang a of the crime of illegal hunting with the indictment of Ning Li j.p.c. [2019] No. 624. On December 19, 2019, the peoples Procuratorate of Lishui District filed a public prosecution with the court. After accepting the case, the court formed a collegial panel in accordance with the law and held a public hearing in accordance with the summary procedure. The peoples Procuratorate of Lishui District of Nanjing City appointed Su Ruiliang to appear in court to support the public prosecution. The defendant Liu Fei and his defenders Zhu Yuming and Xie Jingjing, the defendant Gao Yujia and his defenders Yong Li and Li Hui, and the defendant Zhang and his defenders Jin Yuzhong attended the lawsuit. The trial has now been concluded.

The peoples Procuratorate of Lishui District of Nanjing City accused:

1u3001 Negligent death

At about 20:00 on October 2, 2019, Liu Fei, the defendant, brought a small caliber sports rifle and a thermal imager to invite Gao and Zhang to go hunting. At about 22 p.m. that night, the defendants, Liu Fei and Zhang Mou, drove the Beijing Jeep cross-country vehicle No. SA u00d7u00d7u00d7u00d7u00d7, along the Zhuhai Avenue, Qiuhu mountain, Donglu administrative village, yongyang street, Lishui District, Nanjing to search for prey. When the car drove to a slope in the area, Liu Fei, the defendant, found that the prey presented as a light spot with a thermal imager, so he used a small caliber rifle with a sight, mistakenly shooting the victim as the light spot (prey) displayed on the thermal imager, and the bullet hit the victims head. Subsequently, the defendants Liu Fei, Zhang Mou and Gao Mou sent the victim Shi Mou B to the hospital for rescue, and the victim Shi Mou B died on October 4, 2019 due to invalid rescue. According to the identification of Nanjing Municipal Public Security Bureau, the victim, Shi YIB, was shot by others and died of brain injury.

2u3001 Illegal possession of firearms

From 2009 to October 2019, Liu Feiming, the defendant, knew that a 5.56 caliber rifle left by his father was fired with gunpowder as power, and was still illegally held and used for hunting. According to the identification of the Institute of physical evidence of Nanjing Public Security Bureau, the above rifle is a gun, and it can launch 5.6mm sports ammunition with gunpowder as power.

3u3001 Illicit manufacturing of ammunition

From November 2018 to October 2019, the defendant Liu Fei was in room 1608, unit 3, building 2, Tongxi international, Jiangning District, Nanjing City, and room 101, No. 84, kangcurie, Qinhuai District, Nanjing city. He used tools such as molds and lead blocks to manufacture more than 100 bullets in total. According to the identification of Nanjing Municipal Public Security Bureau, the above bullets are made of self-made bullets with the starting shell.

During the period from the end of 2018 to October 2019, the defendants Liu Fei, Gao, Zhang and others went to Shiqiu Town, Lishui District, Nanjing city to illegally hunt three rabbits with the small caliber sports rifle carried by the defendant Liu Fei. According to the identification of the forest public security judicial appraisal center of the State Forestry Administration, the above hare is an important ecological, scientific and social land wildlife protected by the state. The specific criminal facts are as follows:

1. At the end of 2018, the defendants Liu Fei and Gao Yijia went to the surrounding area of Shiqiu Town, Lishui District, Nanjing to hunt and kill a hare with a small caliber sports rifle.

2. At the end of 2018, the defendants Liu Fei, Gao A and others went to the surrounding area of Shiqiu Town, Lishui District, Nanjing to hunt and kill a hare with a small caliber sports rifle.

3. At about 20:00 on October 2, 2019, the defendants Liu Fei, Gao Yujia and Zhang Mou arrived near Qiuhu mountain, Donglu administrative village, yongyang street, Lishui District, Nanjing, and killed a hare with a small caliber sports rifle.

On October 2, 2019, the defendants Liu Fei, Gao A and Zhang a took the initiative to call the police and actively rescue the victim, and truthfully confessed the above criminal facts after arriving at the case. After the crime, the relatives of the defendant Liu Fei compensated the close relatives of the victim for 1 million yuan. The close relatives of the victim understood the behavior of the defendant Liu Fei.

According to the public prosecution organ, if the defendant Liu Feis negligence causes death, he shall be investigated for criminal responsibility with the crime of causing death through negligence; if he illegally holds a non military gun which uses gunpowder as the power to launch bullets in violation of gun control regulations, he shall be investigated for criminal responsibility with the crime of illegally holding guns; if he illegally manufactures more than 100 other non military bullets, he shall be investigated for criminal responsibility with the crime of illegally manufacturing ammunition The defendant Liu Fei, Gao Jiajia and Zhang Mou, in violation of the laws and regulations on the prohibition of hunting, use prohibited tools to hunt and damage wildlife resources during the period of prohibition of hunting. If the circumstances are serious, the defendant shall be investigated for criminal responsibility for the crime of illegal hunting. The defendants Liu Fei, Gao Mou Jia and Zhang Mou jointly commit the crime of illegal hunting, which is a joint crime. If the defendant Liu Fei commits several crimes before the judgment is pronounced, he shall be punished in accordance with the law. The defendants Liu Fei, Gao A and Zhang a surrendered voluntarily and confessed their crimes voluntarily. Liu Fei compensated for the economic losses of the victims close relatives and obtained understanding. The three defendants could be given a lighter and mitigated punishment. On this basis, the public prosecution suggested that Liu Fei, the defendant, be sentenced to two to three years imprisonment for the crime of negligent death, 10 to one year for the crime of illegally holding guns, one to two years for the crime of illegally manufacturing ammunition, seven to nine months for the crime of illegally hunting, and six months for the crime of illegally hunting To eight months, sentenced to three to five months of criminal detention of the defendant Zhang, the defendant Gao and Zhang can be suspended.

In order to substantiate its allegations, the public prosecution submitted the following evidence:

1. Photos of physical evidence such as guns, bullets and thermal imagers seized by Lishui branch of Nanjing Public Security Bureau;

2. Documentary evidence such as the registration form of accepting the case, the decision on filing the case, the household registration data, the criminal judgment, the decision on administrative punishment, the process of the case, the decision on seizure, the list of seizure, the receipt, the letter of understanding, etc;

3. Testimony of witnesses Shi, Gao, Ge, Chen, Gao, C, Liu, B, Wei, Yan, GUI and Wu;

4. The statements and explanations of the defendants Liu Fei, Gao Mou Jia and Zhang Mou;

5. Ninggongwujian (mark) Zi [2019] No. 260, 255, 243 and ninggongwujian (check) Zi [2019] No. 288 issued by Nanjing Municipal Public Security Bureau physical evidence appraisal office, and sengongjian (legal certificate) Zi [2019] No. 501 physical evidence appraisal issued by national forestry bureau forest public security judicial appraisal center.

6. Search record, personal examination record and on-site inspection record made by Lishui branch of Nanjing Public Security Bureau.

The defendants Liu Fei, Gao Yujia and Zhang have no objection to the facts, evidence, charges and sentencing suggestions of the charges. They agree to apply the summary procedure, sign and sign, and have no objection during the trial.

The defenders of the defendant Gao Mou a put forward their defense opinions: the defendant Gao Mou a surrendered himself and pleaded guilty. On the day of the incident, he and the defendants Liu Fei and Zhang Mou actively rescued the victim, imploring the court to give him a lighter punishment and apply the probation.

The defender of the defendant Zhang put forward his defense opinions: the defendant Zhang is an accomplice in a joint crime. He voluntarily confessed his crime and confessed his punishment. The court is requested to give him a lighter punishment, sentence him to criminal detention of less than three months, and apply the probation.

The facts ascertained after the trial are consistent with the charges of the public prosecution.

In our courts opinion, the defendant Liu Feis negligent death constitutes the crime of negligent death; his illegal possession of guns in violation of gun control regulations constitutes the crime of illegal possession of guns; his illegal manufacture of bullets constitutes the crime of illegal manufacture of ammunition; the defendants Liu Fei, Gao jianga and Zhang Mou, in violation of anti hunting laws and regulations, use prohibited tools and methods to hunt and destroy wild animals in the period of forbidden hunting Resources, serious circumstances, constitute the crime of illegal hunting, and is a joint crime. The charges of the public prosecution were established. The defendants Liu Fei, Gao A and Zhang a voluntarily submitted to the case, truthfully confessed the facts of the crime, voluntarily confessed to the crime and confessed to the punishment, and were given a lighter or mitigated punishment according to law; the defendant Liu Fei actively rescued the victim, compensated for the loss of the victims close relatives and obtained understanding, and given a lighter punishment as appropriate. If the defendant Liu Fei commits several crimes before the judgment is pronounced, he shall be punished for several crimes together according to law. The sentencing suggestions of the public prosecution organ are appropriate. With regard to the defense opinion of the defendant Liu Feis defender that although the defendant Liu Fei committed the crime of causing death due to negligence, he did his duty of care and the circumstances were light, it is obvious that the defendant Liu Fei illegally held guns and killed people in the process of illegal hunting with guns does not belong to the case of light circumstances. With regard to the defense opinion put forward by the defendant Liu Feis defender that the defendant Liu Fei only manufactures more than 100 non military bullets, and some of them are unusable waste bullets, which should be given a lighter punishment if the circumstances are relatively minor, the public security police searched seven bullets from the defendant Liu Fei and the Su a XX XX car driven by the defendant Gao a on the day of the crime, and searched the defendant Liu Feis residence the next day It was found that the shell, lead strip, warhead making mold, suspected gunpowder, warhead and other items were found. After identification, the bullets searched were made of self-made warheads by using the shell. Combined with the stable statement made by the defendant Liu Fei that I made about 160 bullets in more than a dozen times with 200 bullets, and used part of them for gun calibration, and the rest were all used for hunting, the public prosecution confirmed It is not improper for Liu Fei, the defendant, to make more than 100 bullets. According to the facts and circumstances of Liu Feis crime and social harmfulness, it is not suitable for him to be given a suspended sentence. As for the defense opinion of the defendant Zhangs defender that the defendant Zhang is an accomplice in the joint crime, through investigation, in the process of illegal hunting, the defendant Gao is responsible for driving, the defendant Zhang chooses the hunting place, the defendant Liu Fei shoots at the prey, the three defendants perform their respective duties in the joint crime, and play a similar role, all of which should be identified as the principal offenders. The court will not accept the above four defense opinions. The court has accepted other relevant defense opinions of the defendants defenders on the lighter or mitigated punishment of the defendants.

To sum up, our court, in accordance with Article 233, article 128, paragraph 1, Article 125, paragraph 1, article 341, paragraph 2, Article 25, paragraph 1, Article 67, paragraph 1, Article 69, article 712, paragraph 1, Article 73, paragraphs 1, 2 and 3, Article 64 of the criminal law of the peoples Republic of Chinau300a According to Article 201 of the criminal procedure law of the peoples Republic of China, the judgment is as follows:

1u3001 Liu Fei, the defendant, is to be sentenced to two years imprisonment for the crime of causing death by negligence; ten months imprisonment for the crime of illegally holding guns; one year and six months imprisonment for the crime of illegally manufacturing ammunition; seven months imprisonment for the crime of illegally hunting; a combined punishment for several crimes, and four years and two months imprisonment.

(the term of imprisonment shall be calculated from the date of execution of the judgment. If the person is detained before execution of the judgment, one day of detention shall be converted into one day of imprisonment, that is, from October 3, 2019 to December 2, 2023.)

Gao, the defendant, was sentenced to six months imprisonment and one years probation for the crime of illegal hunting.

(the probation period of probation shall be calculated from the date when the judgment is determined.)

Zhang, the defendant, was sentenced to four months detention and six months probation for the crime of illegal hunting.

(the probation period of probation shall be calculated from the date when the judgment is determined.)

2u3001 The guns, bullets and other related production tools, materials and other articles that have been seized shall be confiscated.

Judge Wu Ningqi

Peoples assessor Wei Kaiyi

Peoples assessor Zhang Yushuang

January 6, 2002