Await trial of be bailed out one year many hind, liaoning saddle steel defends provision of hill of cadre, saddle service officer emulates a gun at bud experience one case, in saddle open a court session of court of Shan Tiedong district was tried on June 6.
Because the home is medium,5 emulation guns are by appraisal firearms, yu Meng is accused to commit crime of illegal hold firearms.
The joining together of chapter of a junction of the edges of two sheets of paper that the lawyer reveals in the court demonstrates a photograph
On the court, yu Meng says, buying emulation gun at the outset is stem from a hobby and collect. Yu Meng's counsel for the defence thinks on front courtyard, what do not have hold firearms at bud is subjective and intended, did not cause a harm to the society, do not make crime.
Public prosecutor thinks, the fact that commits crime of illegal hold firearms at bud is clear, evidence is sufficient, the case such as the contrition manner that asks a court to consider the accused person integratedly enters a judgement.
The front courtyard careful June 6 comes continuously afternoon, court not front courtyard is adjudged.
The accused person: Stem from a hobby to collect emulation gun
This year Yu Meng of 39 years old, young when join the army enrollment, classics be transferred to civilian work allocates saddle steel to defend a department after, nowadays is factory of strip steel of saddle steel hot-rolling guards a cadre of general management ministry, still be officer of a preliminary service.
In August 2016, because Yu Meng buys emulation gun to be caught 11 years ago, subsequently by with blame of illegal hold firearms to sue. On Feburary 15, 2017, after be detained 199 days, he is permissive await trial of be bailed out.
Check just accuses, yu Meng bought emulation gun on the net 2006 7, in saddle hill inn of an open articles for use mixed Jing Zijie 2007 buy emulation pistol 2, hide 9 emulation guns in the home. On August 1, 2016, classics masses is informed against, saddle hill police undertakes ransacking to the residence of bud, fish emulates a gun 9, classics appraisal, among them 5 are it is dynamic firearms with gas. Check just thinks, ought to investigate criminal duty of Yu Meng with blame of illegal hold firearms.
On the court, the fact that just accuses to check at bud does not have demur. He states he is right the investigation of the case " cooperate actively from beginning to end " . He says, oneself are veteran, and also be officer of a preliminary service, like to collect all sorts of military affairs models, the end that buys emulation gun also is to collect; After oneself buy next emulation guns, had tried in the home, did not take out a door, also did not endanger social behavior.
Yu Meng says on the court, think firearms is before oneself it is motivation with gunpowder, can send person casualties, did not think of peashooter can be maintained be firearms, also do not know emulation gun can be regarded as true gun undertakes tubal accusing, the firearms that 1.8 J/cm2 also does not know before case hair maintains a level.
Counsel for the defence: The accused person buys emulation gun not to have crime intended
At the counsel for the defence of bud He Bing thinks, yu Meng is subjective go up those who do not have hold firearms is intended, should not consider as crime. "He is veteran, very clear to firearms might, and emulation gun is not firearms apparently. " He Bing points out, this case has at bud without evidential proof subjective make meaning, cannot objective and accusing.
He Bing still puts forward, 2010 of print and distribute of the Ministry of Public Security " job of appraisal of function of ammo of firearms of case of experience of public security mechanism sets " , be to each province Public Security Department (bureau) release, not to social community announcement. Afore-mentioned files set: The blame that makes type ammunition to cannot blasting off makes type firearms, the muzzle that fires a bullet when place is more than than kinetic energy be equal to 1.8 joule / square centimeter when, uniform maintain for firearms.
Public prosecutor thinks, yu Meng ever took military service, more should clear to concerning the provision of firearms management, networks of afore-mentioned regulation of the Ministry of Public Security can be searched get, and emulate gun case in recent years send more, media coverage also has mentioned the cognizance standard of 1.8 J/cm2 for many times.
He Bing says, according to top magic art highest check " play criminal case in order to compress gas to conviction for lead of dynamic firearms, air gun about experience the give an official of problem of measurement of penalty " , ought to the exterior of firearms of mature experience case, material qualitative, launcher, buy bulk of the place and channel, price, utility, force that cause an injury, whether to make promotion send force through changing easily, and purpose of the subjective acknowledge of behavior person, motive, consistent performance, illegal earning, whether the clue such as avoid investigation, evaluate a society integratedly to endanger a gender, hold to advocate objective look is unified, ensure photograph of punishment of responsibility for an offence suits.
In process of front courtyard careful, counsel for the defence referred Yu Meng to be judged " officer of outstanding and preliminary service " , " outstanding armed cadre " wait for honorary certificate, and Yu Meng donates blood for years continuously certificate. Counsel for the defence thinks Yu Meng always is behaved good, without any illegal criminal record, cooperate to investigate after case hair, basis advocate objective unified principle, ought not to investigate its criminal duty.
Firewood of swallow of another counsel for the defence offers this proposal, yu Meng buys experience case to emulate gun department to be used at collecting, did not use actually, more did not cause any serious consequence, endanger a gender without any societies, the clue is remarkable and slight the harm is not great, and consider Yu Meng is first offence, after bringing to justice, can offer according to the facts narrate, its behavior should be not considered as crime.
Focus of front courtyard careful: Why is two firearms appraisal put in difference
On the court, public prosecutor showed two appraisal, the material evidence that testimonial of the firearms that center of appraisal of judicatory of public security bureau of saddle hill city makes, ammo and center of appraisal of material evidence of the Ministry of Public Security make examines opinion book. According to these two appraisal, muzzle of 5 emulation guns is more than 1.8J/cm2 than kinetic energy, all maintain for firearms.
Yu Meng's counsel for the defence puts forward, in two appraisal, 5 experience case emulates the muzzle of the gun to all have difference than kinetic energy: The muzzle that the testimonial of center of appraisal of judicatory of public security bureau of saddle hill city shows compares kinetic energy is express with interval, but the material evidence of center of appraisal of material evidence of the Ministry of Public Security examines the muzzle that opinion book shows all is than kinetic energy besides interval. An emulation handgun in if, the testimonial of center of appraisal of judicatory of public security bureau of saddle hill city shows, muzzle is 2.75-2.93 J/cm2 than kinetic energy, the material evidence of center of appraisal of material evidence of the Ministry of Public Security examines 2.6 J/cm2 is on opinion book, the identification that still has mountain of a saddle is 3.43-3.57 J/cm2, of the Ministry of Public Security it is 2.8 J/cm2, still differ with the least value 0.63 J/cm2.
Center of appraisal of judicatory of public security bureau of saddle hill city participates in the appraiser of this case to appear in court, he says, muzzle is pulled the influence of the element such as trigger strength than kinetic energy test by the atmospheric pressure inside the gun, finger, occurrence difference is normal.
Two counsel for the defence still put forward, in two appraisal, length of 5 emulation guns also is put have difference, the length of 5 firearms in the appraisal of saddle hill all is more than latter. In addition, caliber of the muzzle in two appraisal also is put in difference.
Afore-mentioned appearing in court that appraiser says, when oneself are making identification, every emulation gun is pull open the component, measure the longest length. Public prosecutor thinks, because of such, in the appraisal of saddle hill, the length of firearms just can be more than the appraisal of the Ministry of Public Security, to caliber difference, public prosecutor did not make a response.
At bud counsel for the defence thinks, in two appraisal of saddle hill and the Ministry of Public Security, the oneness of emulation gun cannot affirm,
Counsel for the defence returns doubt, the different meeting of atmospheric pressure of the gas in appraisal process affects final result. Appear in court appraiser says, what relevant provision did not use gas to undertake making clear to detecting, appraisal up to specification.
In addition, lawyer He Bing puts forward, center of appraisal of material evidence of the Ministry of Public Security issue examine opinion postscript place adds Zhang Mingxian of a junction of the edges of two sheets of paper of check material photograph to cannot be opposite neat,
Public prosecutor points out, relevant appraisal closes legally in this case compasses, the way that counsel for the defence changes joining together through the hand thinks chapter of a junction of the edges of two sheets of paper cannot is opposite neat, this exists to wait for influencing factor with paper ply artificially.
In front courtyard careful, he Bing applies for to emulate firearms to have identification afresh to experience case.
The front courtyard careful that day lasts to afternoon. The presiding judge announces to rest express before front courtyard, collegiate bench will be mature opinion of both sides dominating debate.
