Lee's illegal felling of trees
Party: Judge: DocumentNo.: Ganquan County People's Court.
The people's procuratorate of Ganquan County, the public prosecution organ.
Defendant Li Baocun, male, Han nationality, from Ganquan County, Shaanxi Province, 1976, 10 was born on June 7th, and he was a villager in Tunliu Village, Xuyang Township, Lintong District, xi, and lived in the village. On February 27, 2007, he was arrested (at large) by the People's Procuratorate of Ganquan County on suspicion of illegal logging, and was arrested on February 5, 2009. Now detained in Ganquan County Detention Center.
The People's Procuratorate of Ganquan County accused the defendant Li Baocun of the crime of illegal logging with indictment No.2004. 10 (Jiangxi Jian Wu xingzi (20 10)), filed a public prosecution with our hospital on March 3, 20 10. After the court accepted the case, a collegial panel was formed according to law and the case was heard in public on 20 10. Defendant Li Cun appeared in court to participate in the proceedings. The case has now been closed.
The indictment of the public prosecution agency alleges that during the period from February 65438+ in 2006 to August in 2007, the defendant Li Cun was hired (sentenced) to illegally cut 374 state-owned cypress trees in Madongchuan forest area in Baota District of Yan 'an City, Daozhen Masichuan forest area in Ganquan County and Qingquangou forest area together with,, Jing Yanping, Wu Sanming and Qiao Shanggui (all sentenced). The trees involved were sold to Zhang (sentenced), Ma Xianlin (administrative punishment) and others.
In order to confirm the above criminal facts, the public prosecution agency provided the following evidence:
On-site investigation record, on-site appraisal photos, on-site sketches, ruler records, list of detained items, list of returned items, appraisal conclusion, forest right certificate, household registration certificate, witness testimony, defendant's confession, etc.
The public prosecution agency believes that the defendant Li Cun has been employed by others for many times for the purpose of seeking benefits, and participated in illegal logging of state-owned trees, with a standing timber volume of 53.4004 cubic meters, which is huge. His behavior has violated the provisions of the first paragraph of Article 345 of the Criminal Law of People's Republic of China (PRC), and he is requested to be investigated for criminal responsibility by the people's court for the crime of illegal logging.
During the trial, the defendant Li Cun had no objection to the criminal facts alleged in the indictment.
It was found through trial that:
1, in the lunar calendar of 65438+February, 2006, the defendant Li Cun was hired (sentenced), and He and Wu Sanming (both sentenced) drove Wu Sanming's agricultural tricycle, and illegally cut down 38 cedars in Madongchuan forest area and Masichuan forest area in Baota District, of which 26 were sold to Ma Xianlin twice in Suide County (administrative punishment) and the other 65433 trees.
2. During the period from the end of 65438/KLOC-0 to the beginning of February in 2007, the defendant Li Cun was employed by Liu Cheng, and together with,, and Chang (three of whom have been sentenced), illegally cut down 33 cypress trees in the Qingquangou forest area of Daozhen, Ganquan County, and hired a car to transport them to Suide County for sale to Ma Xianlin.
3. At the beginning of February 2007, the defendant Li Cun was hired to illegally cut down 36 cypress trees in Qingquangou forest area of Daozhen Town, Ganquan County, together with Wu Sanming, and hired a car to transport them to Yulin City for sale to Zhang (sentenced).
4. In February 2007, the defendant Li Cun was hired to illegally cut down 3 1 cedar in Qingquangou forest area of Daozhen Town, Ganquan County, together with Wu Sanming, and hired a car to transport it to Yulin City for sale to Zhang.
5. In March of the lunar calendar in 2007, the defendant Li Cun was hired by Wu Sanming to illegally cut down 37 cypress trees in Qingquangou forest area of Daozhen Town, Ganquan County, and hired a car to transport them to Yulin City for sale to Zhang.
6. In March of the lunar calendar in 2007, the defendant Li Cun was hired, together with Wu Sanming, to illegally cut down 36 cedar trees in Qingquangou forest area of Daozhen Town, Ganquan County, and hired a car to transport them to Yulin City for sale to Zhang.
7. At the beginning of August of the lunar calendar in 2007, the defendant Li Cun was hired, together with Qiao Shanggui (sentenced), to illegally cut down 46 cypress trees in Qingquangou forest area, Daozhen Town, Ganquan County, of which 4 1 tree was hired and transported to Yulin City for sale to Zhang.
8. At the beginning of August of the lunar calendar in 2007, the defendant Li Cun was employed by Feng (sentenced) and illegally felled 34 cypress trees with Feng, Qiao Shanggui and Jing Yanping (at large) in Qingquangou forest area, Daozhen Town, Ganquan County, of which 20 were sold to Li Laifa by Feng from Yan 'an City, and the rest 14 were hidden in the forest area.
9. At the beginning of August of the lunar calendar in 2007, the defendant Li Cun was hired, together with Li Haijun, Qiao Shanggui and Jing Yanping, to illegally cut down 32 cypress trees in Qingquangou forest area of Daozhen Town, Ganquan County. Plus 14 cypress trees (46 in total) that were hidden in the forest area last time, we hired a car to transport them to Yulin City and sell them to Zhang.
From June to August of the lunar calendar in 2007, the defendant Li Cun was hired by Feng, Chang and Jing Yanping to illegally cut down 5/kloc-0 cypress trees in Qingquangou forest area, Daozhen Town, Ganquan County, and transported them to Yulin City by Feng's car for sale to Zhang.
Appraised by Laoshan Forestry Bureau of Yan 'an City, the existing quantity of cypress involved is 53.4004 cubic meters. After the incident, the cedar involved has been detained and returned to various forest farms.
The evidences for determining the above-mentioned criminal facts are:
1. The on-site investigation records and photos prove that the defendant Li Cun and others illegally cut down state-owned cypress trees for many times in Madongchuan forest area, Mashuan forest area and Qingquangou forest area in Baota District of Yan 'an City.
2.3. There are 3 certificates of ownership of state-owned forest in Shaanxi Province and 2 certificates of Madongchuan Forest Farm and Nanniwan Forest Farm, which prove that the cypress trees illegally cut by the defendant Li Cun and others belong to state-owned forest areas.
3. The record of seizure, the list of seized items and photos prove that Laoshan Branch of Yan 'an Forest Public Security Bureau seized the cypress illegally cut by the defendant Li Baocun and others according to law.
4. List of returned items, which proves that Laoshan Branch of Yan 'an Forest Public Security Bureau will return the seized cypress trees to various forest farms according to law.
Receipt of forest compensation fee, which proves that defendant Li Cun paid 2000 yuan of forest compensation fee to Yan 'an Forest Public Security Bureau.
6. The household registration certificate confirmed that the defendant Li Cun was born in 1976 65438+ 10/7, and was a villager in Tunliu Village, Xuyang Township, Lintong District.
7. Ganquan County People's Court (2008) Gan Xing ZiNo. 19, (2009) Gan Xing Zi No.34 criminal judgment proved accomplices Liu Chengsheng, Chang, Wu Sanming, Feng, Qiao Shanggui, Zhang Weixiang, Thor Shuan, Wang Yuping, Liu Suijun and Zhang Ershuan.
8. The scale record and evaluation conclusion prove that the standing stock of cypress involved is 53.4004 cubic meters after the evaluation by Laoshan Forestry Bureau of Yan 'an City.
9. The confessions of Liu Chengsheng,,, Chang, Wu Sanming, Feng, Qiao Shanggui,, Tuoershuan, Wang Yuping, Liu Sui Jun and Zhang Yuanjie, which prove that Li Cun, the defendant, was employed by Liu Chengsheng in Madongchuan forest area in Baota District of Yan 'an City from February 65438, 2006 to August 2007.
10. The confession of the defendant Li Cun proved all the facts and process of illegal logging of state-owned trees.
The above evidence has been presented and cross-examined in court, and there is no objection, which is confirmed by our court.
We believe that the defendant Li Cun ordered and hired others to cut down 374 cypress trees in state-owned forest areas without authorization for the purpose of making profits, with a huge amount of standing timber, which constituted the crime of illegal felling of trees. The charges charged in the indictment of the public prosecution agency are established. In this case, the defendant Li Cun played a secondary role and was an accessory, so he could be given a lighter punishment as appropriate. In accordance with the provisions of paragraph 1 of Article 345th, paragraph 1 of Article 25, Article 27 and Article 52 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
Defendant Li Cun was convicted of illegal felling of trees, sentenced to three years' imprisonment and fined 2,000 yuan (the term of imprisonment is counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment. That is, the term of imprisonment starts on February 5, 2009 and ends on February 4, 20 12.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Yan 'an City, Shaanxi Province through our hospital or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.
Presiding Judge Li Chen
Judge Zhang Guilin.
Judge Gao Hua
20 10 April 6
Staff Yang Lili
Attachment: The legal provisions applicable to this case are as follows:
Criminal law of the people's Republic of China
Article 345 Paragraph 1 Whoever illegally cuts down forests or other trees in large quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also or only be fined; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the number is especially large, he shall be sentenced to fixed-term imprisonment of not less than seven years and fined.
Article 25 The term "accomplice in crime" as mentioned in the first paragraph refers to intentional crime committed by two or more persons.
Article 27 A person who plays a secondary or auxiliary role in a joint crime is an accessory.
An accessory shall be given a lighter, mitigated or exempted punishment.
Article 52 When imposing a fine, the amount of the fine shall be determined according to the circumstances of the crime.