Swallow
Round nose monitor
Big gecko
Loose sparrow hawk
Protect animal circle with national I class the wine of rare animal bubble such as nose monitor sells add a city one brewery boss is punished severely
Do not make rare animal decision, the arm of the law of careful lay a finger on receives penalty! Guangzhou city adds the city zone Liang Mou of boss of a brewery is seek illegal profit, will sell wine of rare animal bubble for years. The reporter adds know of procuratorate of people of the city zone from Guangzhou city yesterday, liang Mou sells blame of precious, endangered wild animal illegally because of making, first instance is added by Guangzhou city court of people of the city zone sentences a set term of imprisonment 10 years 6 months, punish golden RMB 50 thousand yuan.
Civil / reporter of constitution of Guangzhou daily reporter adds check announce
Accident:
Brewery is hunted down
24 bottles of animal medicinal liquor
Since 2012, some is in bridge of the accused person during adding the city zone to run a winery, the precious, endangered wild animal that buys the country such as cuckoo of crow of wing of round nose monitor, big gecko, brown to be protected mainly to other is used at immersing medicinal liquor sells.
On January 24, 2015 midday, policeman of substation of the forest that add a city is hunted down in this brewery immerse the medicinal liquor of the rare animal that all sorts of nation emphasises protect 24 bottles. Give birth to appraisal of center of animal species appraisal via Hua Naye, include among them: Nose monitor of circle of animal of protection of national I class 1; Big gecko of animal of protection of national II class 10, cuckoo of brown wing crow 12, loose sparrow hawk 3, swallow 1, eastern part Zuo 1, accipitral division species 1, species of Zuo form eye 10.
In July 2015, liang Mou is active to police a criminal give himself up to the police.
Front courtyard careful:
Argue calls an animal medicinal liquor
The department is deceased the little sister is all
Those who face check to just accuse is illegal offer charge of precious, endangered wild animal, liang Mou is denied control a crime, the animal medicinal liquor that argue weighs to be hunted down is its little sister all, be in early the bubble after the little sister bought wine with respect to the brewery that takes these animals him in April 2013 is good, put animal medicinal liquor over all the time later. But in November 2014, the little sister dies of illness, so wine is put in the factory all the time. Liang Mou paraclete complements on the court, the animal medicinal liquor that is hunted down is to use a decoration, not be to be used at selling, because police is,ferret falls in brewery is big wine wearing and counter, but its brewery basically manages liquor. But according to Liang Mou brewery employee attestation shows, boss him Liang Mou immerses the wine in the factory wears the medicinal material wine that go up and 24 bottles of animal medicinal liquor, also be to take those who sell a guest. In addition, according to Liang Mou grandpa attestation of the little sister shows, the sicken before daughter-in-law body won't drink.
Controversy:
Market wild animal or
Sell wild animal product
In careful of this case front courtyard, the accusation that Liang Mou offends makes controversy central point. Paraclete argue weighs Liang Mou, although Liang Mou makes crime, also should form sell blame of goods of precious, endangered wild animal illegally, and Liang Mou has confess one's crime clue, request court is punished lightly.
After the court is tried, think, "Wild animal goods " it is the skin that points to the wild animal that kills to catching, wool, horn, bone, flesh undertake machining, make finished product or the article of semi-manufactured goods. However, the wild animal that hunts down in this case all is whole body, use at immersing only liquor, was not undertaken be machininged actually, reason is not " goods " .
For this, paraclete puts forward this case to involve the apologetic opinion that offers blame of wild animal goods to occupy manage inadequacy, the court does not grant to adopt.
Whether do 24 bottles of animal medicinal liquor put in Liang Mou 's charge in the light of experience case all, the court thinks, basis witness testimony confirms, economy of family of Liang Mou's sister is difficult, and oneself become seriously ill, lack buys the economic capacity of a large number of wild animal, and Liang Mou's little sister does not drink, also not was engaged in wine kind management activity. And, by spot perambulate material knowable, the other wine that 24 bottles of animal medicinal liquor and Liang Mou run experience desk is jumbly place on wine wearing without foreword, also did not distinguish apparently or mark, putting the position also is to be used at the commodity position that sell, and Liang Mou is offerred relate detail incongruous, let person be convinced hard, also offerring evidence to confirm medicinal liquor of experience case animal is its little sister all, for this, the court combines this record proof, medicinal liquor of animal of cognizance experience case is Liang Mou all.
In addition, although Liang Mou is active a criminal give himself up to the police, but did not commit a crime for narrating its according to the facts fact, do not form confess one's crime.
Court decision:
Guilty clue is particularly serious
Brewery boss obtains punishment 10 years half
After the court is tried, think, liang Mou ignores state law, it is a purpose in order to seek profits, market precious, endangered wild animal illegally, the clue is particularly serious, its behavior already was formed sell blame of precious, endangered wild animal illegally, sentence a set term of imprisonment 10 years for this 6 months, punish golden RMB 50 thousand yuan.
Agency inquisitor expresses, basis criminal law sets the 341st times, illegal hunt is caught, of the precious, endangered wild animal that killing nation emphasis protects, buy illegally perhaps, carry, of the precious, endangered wild animal that sells national emphasis is protected and its goods, be in 5 years of the following set term of imprisonments or arrest battle, punish gold; The clue is serious, be in 5 years of above 10 years the following set term of imprisonment, punish gold; The clue is particularly serious, be in set term of imprisonment of 10 years of above, punish gold to perhaps confiscate property.
