Defender Yin Jianmin, lawyer of Guangdong Gaote Law Firm.
Defendant Tan Zhihui, male, born on April 27th, 1957, Han nationality, born in Yangxi County, Guangdong Province, with junior high school education, lives at No.1 Lane, Yumin New Village, Shaba Town, Yangxi County, Guangdong Province 18.
Defendant Zeng, male, born on July 8, 1960, Han nationality, born in Yangxi County, Guangdong Province, with junior high school education, lives at No.2 Lane, Huancheng Road, Shaba Town, Yangxi County, Guangdong Province.
Defendant He Chunlai, male, born on February/966 10, Han nationality, from Yangxi County, Guangdong Province, lives at No.8, Haibin Sixth Lane, Shaba Town, Yangxi County, Guangdong Province. The above-mentioned three people were detained in criminal detention on June 65438+1October 2 1 2005, and were detained in criminal detention the next day and arrested on February 25 of the same year. He is currently detained in Guangzhou No.2 Detention Center.
On June 7, 2005, the People's Procuratorate of Guangzhou City, Guangdong Province accused the defendants He Xinglong, Tan Zhihui, Zeng and He Chun of committing the crime of smuggling wastes with the document No.87 of Suijian Enterprise V. (2005). After the court accepted the case, a collegiate bench was formed according to law and the case was heard in public. Guangzhou People's Procuratorate appointed an agent to appear in court to support the public prosecution, and defendants He Xinglong, Tan Zhihui, Zeng, He Chun Lai and defender Yin Jianmin attended the proceedings. The case has now been closed.
The People's Procuratorate of Guangzhou City, Guangdong Province accused that in the early morning of June 5438+1 October 2 1 2005, the defendant He Xinglong was hired by two strange men for RMB 5,000, and together with the defendants Tan Zhihui, Zeng and He Chunlai, they took an airship from Wailingding Island to Hong Kong waters, and the driving number was "Zengcheng Shuichu1" On June 2, 2005, the cargo ship "Zengcheng Shuichu 1" was intercepted by anti-smuggling personnel of Xintang Customs in Nansha waters of Panyu District, Guangzhou. Upon investigation, the two containers contained 44,022.4 kilograms of solid wastes such as color TV sets and computer accessories without legal licenses, and 3 167.6 kilograms of solid wastes such as power amplifiers and hand-held hand-held knitting machines, with a total weight of 47 190 kilograms. The hospital submitted evidence to our hospital, such as transcripts of inquests, transcripts of on-site investigations, testimony of photo witnesses, confessions of defendants, etc., to confirm the alleged facts. Accordingly, it is considered that the actions of the defendants He Xinglong, Tan Zhihui, Zeng and He Chunlai violated the provisions of the second paragraph of Article 152 of the Criminal Law of People's Republic of China (PRC), and constituted the crime of smuggling waste. Submit to our court for sentencing according to law.
Defendants He Xinglong, Tan Zhihui, Zeng and He Chun Lai all argued that they didn't know that the place of receipt belonged to Hong Kong waters, and they had no objection to the other facts alleged. The defendant He Xinglong's defender Yin Jianmin's main defense opinions are: whether the receiving place belongs to domestic waters or overseas waters needs further investigation; Defendant He Xinglong was a first-time offender, and voluntarily returned the stolen goods, not the owner, with a good attitude of pleading guilty. The value of smuggled goods seized is not high, and the circumstances of the crime are minor; Ask the court to be lenient with He Xinglong.
It was found through trial that in the early morning of June 5438+1 October 2 1 2005, the defendant He Xinglong was hired to set sail for others to smuggle goods, and the defendants Tan Zhihui, Zeng and He Chunlai reconciled and took an airship from Wailingding Island to Hong Kong waters together, driving "Zengcheng Shuichu/* *. At about 1 1 in the morning of that day, when the defendant was driving the cargo ship "Zengcheng Shuichu 1" to Nansha waters in Panyu District, Guangzhou, it was seized by anti-smuggling personnel. On the spot, 4,022.4 kilograms of waste color TV sets, computer accessories and other solid wastes were banned from being imported by the state, and 365,438 pieces of solid wastes such as amplifiers and hand-held hand-held knitting machines were banned from being imported by the state.
The above facts are confirmed by the following evidence provided by the public prosecution, cross-examined by both the prosecution and the defense, and verified by the court:
1. The arrest process, inspection records, weighing checklist, on-site investigation records and photos issued by the investigation organ confirmed that on June 2, 2005/day 1 1, the anti-smuggling police arrested the cargo ship "Zengcheng Shuichu 1" in Nansha waters of Panyu District of this city according to law. Defendants He Xinglong, Tan Zhihui, Zeng and He Chun were all unable to provide any legal documents and were caught red-handed. After weighing, the net weight of TEXU5490620 container cargo is 25020kg, and that of CAXU9837460 container cargo is 22 170kg. According to the inventory, there are 365,438+067.6 kilograms of waste power amplifiers and hand-held hand-woven machines. 44,022.4 kilograms of used TV sets, monitors and fax machines. The four defendants in this case signed the relevant photos for the record.
2. Inspection certificate number. Certificate 440 100/W05E0064 issued by Guangdong Branch of China Institute of Import and Export Commodity Inspection Technology, with the evidence number of the seized articles. 1 includes color TV sets, monitors, computer mainframes, fax machines, cordless phones, portable CD players, power amplifiers, CD players, sound boxes and portable hand knitting machines, with a total weight of 4,765,438+. Among them, the amplifier and hand-held hand-held knitting machine are solid wastes restricted by the state, weighing 3167.6 kg; The rest of the goods belong to solid waste prohibited by the state, with a total weight of 44022.4 kg.
3. The list of seized goods and the list of confiscated property in storage confirmed that the investigation organ seized the vessel "Zengcheng Water Storage 1", containers, solid waste and the defendant He Xinglong with RMB 5,000.
4. The information about the vessel "Zengcheng Shuichu 1" and the testimony of the witness Qin Zhuohui confirmed that the vessel was originally owned by Qin Zhuohui, Team 9 of Nangang Village, Huangpu District, Guangzhou, and belonged to Zengcheng Waterworks Supply and Marketing Company. In August 2004, Qin Zhuohui sold the ship to Liao, No.4 Shengping Lane, Shengping Village, Fulu Village Committee, Liule Town, Shunde District, Foshan City. However, Liao said that he sold the boat to others and could not provide details of the buyer.
5. Regarding the household registration materials, identity cards and boat people's cards of the four defendants in this case, confirm the identity of the four defendants in this case.
6. The defendant He Xinglong's confession at the investigation stage confirmed that on June 20, 2005, two strange men hired him to sail and deliver goods at a price of 5,000 yuan, but they found He Chunlai, Tan Zhihui and Zeng and said that someone was willing to give them a commission to help them sail and smuggle goods, but the specific goods were not clear, and they all agreed. In the early morning of the next day, he and the co-defendant met with them in Wailingding Island, and they charged 5,000 yuan. Everyone takes a speedboat to the east and arrives in Hong Kong waters in half an hour. They boarded the cargo ship "Zengcheng Shuichu 1" which had been parked there, and found two containers piled up in the warehouse. When the other party left, he said that after driving the boat to Humen Bridge, someone would naturally pick him up. He and his accomplices took turns at the helm and were seized by anti-smuggling personnel on the morning of June 5438+1October 2/KLOC-0. Judging from the sneaky work of the other party and the price of goods hired from Hong Kong to the mainland, it is obviously smuggling.
7. The defendant Tan Zhihui's confession at the investigation stage confirmed that on June 20, 2005, He Xinglong found himself, Zeng and He Chunlai, saying that someone had come out of 500 yuan to invite everyone to sail and deliver goods, and it was definitely illegal to sail at such a high price; It agrees with Zeng and He Chunlai. In the early morning of the next day, everyone took an airship from Wailingding Island to Hong Kong waters and boarded the cargo ship "Zengcheng Shuichu 1", which was originally driven by He Xinglong, an engineer himself, and was later seized by anti-smuggling personnel.
8. The defendant's confession at the investigation stage confirmed that on June 20, 2005, at 65438, He Xinglong approached him and said that he would take 500 yuan to sail with him, and he agreed at that time. That evening, he and He Xinglong came to the ferry, traveled eastward with Tan Zhihui and He Chun by airship for about 30 minutes, boarded the cargo ship and saw two containers. On the way back, he sailed the boat by himself. Although He Xinglong didn't tell you what to ship beforehand, judging from the price of earning 500 yuan overnight, he knew it must be smuggling.
9. The defendant He Chunlai's confession at the investigation stage confirmed that He Xinglong approached him to discuss the delivery of the ship, and then boarded the ship in the early morning of June 65438+1October 2 1 2005. Seeing two containers, he felt suspicious. Mainly doing odd jobs to help drive. It is not normal for the other party to pay a high price to hire someone to drive a cargo ship carrying two containers from Hong Kong waters to mainland waters at midnight.
10, the defendants Tan Zhihui and He Chun came to identify the chart and confirm that the Hong Kong waters where the goods docked were correct.
1 1. Defendant He Xinglong identified the photos and confirmed that the money collected was RMB 5,000.
Regarding the question raised by the defendant and the defender whether the receiving place is in China or overseas (Hong Kong waters), after investigation, all four defendants are fishermen (crew members), some of whom have also engaged in maritime transportation between Guangdong and Hong Kong, and they have the cognitive conditions to distinguish whether they have arrived in Hong Kong waters. During the investigation stage, the defendant always confessed to boarding the cargo ship in Hong Kong waters and signed the relevant charts; All four defendants confessed that, judging from the circumstances of this case, they knew it was smuggling. Therefore, there is sufficient evidence to conclude that the four defendants' smuggling of solid waste from abroad constitutes the crime of smuggling waste.
We believe that the defendants He Xinglong, Tan Zhihui, Zeng and He Chunlai ignored national laws, evaded customs supervision and transported overseas solid waste into the country. If the circumstances are serious, his behavior has constituted the crime of smuggling waste. According to the law, he should be sentenced to fixed-term imprisonment of not more than five years and fined. In the * * * crime, the defendant He Xinglong put forward the intention to correct the contract case, which played a major role. Other defendants play a secondary role and are accomplices, and can be given a lighter punishment according to law. In view of the fact that the defendant was employed by others to smuggle waste, all the waste involved had been recovered, which did not actually cause environmental pollution, and the defendant He Xinglong had returned all the stolen money, so he Xinglong was given a lighter punishment; Other defendants were also given lighter punishment. The facts accused by the public prosecution agency are clear, the evidence is sufficient and the accusation is correct, which should be supported; After investigation, the defendant's defense and the defender's opinion are inconsistent with the facts and will not be adopted. According to the provisions of paragraph 2 of Article 152, paragraph 1 and paragraph 4 of Article 26, Article 27, Article 52, Article 53 and Article 64 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
1. Defendant He Xinglong was convicted of smuggling wastes, sentenced to three years and six months' imprisonment and fined RMB 6,543.8+0,000 yuan.
Defendant Tan Zhihui was convicted of smuggling wastes, sentenced to two years' imprisonment and fined RMB 5,000.
The defendant was convicted of smuggling waste, sentenced to two years' imprisonment and fined RMB 5,000.
Defendant He Chun was convicted of smuggling wastes, sentenced to two years' imprisonment and fined RMB 5,000.
(The term of imprisonment shall be counted from the date of judgment. In case of detention before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment, that is, from June 65438+1October 2 1 day, 2005 to June 65438+1October 20, 2007. The fine shall be paid to our court within 30 days from the date when this judgment becomes legally effective. )
Five, seized 47 190 kg of solid waste and 5000 yuan of stolen money, confiscated.