The court sentenced the court to the sea cucumber worth 6,8800 yuan by 4 motor boats.
Author:Peninsula Morning Post Time:2022.08.14
After Wang Mou was subdivided by the near -sea village of Donggang Town, Wafangdian City, he carried out underwater cucumber breeding. On the night of April 13, 2020, a group of people departed from Yingkou City to the above -mentioned waters by four motorboats, caught sea cucumbers in a diving manner, and was discovered and captured by law enforcement officers when they were arrested. The certification center identified that the stolen sea ginseng was worth RMB 6,8800.
On June 16, 2022, the Wafangdian City Court made a judgment on the case.
The victim Wang Mou Sheng and the people's government of Donggang Town, Wafangdian City signed a contract contract for the coastal waters. The termination date of the sea area is March 30, 2015 and May 10, 2015. After Wang Mou was subcontracted by the sea, he was breaking under the bottom of the sea cucumber. After the contract expired, the contract was not renewed, but Wang Mou Sheng still used the sea area and put it into the sea cucumber seedlings, and arranged personnel to take care of it.
At noon on April 13, 2020, the defendant Bai Mouheng went to the shore of the sea to investigate. Later, the defendant Bai Mouheng, Yu Mouyang and Liu Mouhong conspired together to organize personnel to catch sea cucumbers at the above sea. At 19 o'clock that day, the defendants Bai Mouheng, Yu Mouyang and Liu Mouhong organized Yin Moukui, Liu Moutao, Liu Moujun, Zhao Mou, Xie Mougui and others to take four motorboats from Yingkou City. State port wharfs depart from the above waters to catch sea cucumbers in a dive way. Among them, the defendants Bai Mouheng and Liu Mouhong took the boat to the sea. Responsible for the divers on the ship to sneak into the sea cucumber to control the sea cucumber to the shore.
At about 3 am on April 14, 2020, Bai Mouheng, Liu Mouhong and others drove the boat to leave the waters and drove to the shore near Bashagou, Changxing Island Economic Zone in Dalian. The law enforcement officers were discovered and arrested when dealing with sea cucumbers. After weighing at the scene, the a total of 430 kg of theft of theft was calculated. The price certification center of the Wafangdian City City was identified that the stolen sea cucumber was worth RMB 6,8800. On the same day, eight people such as the defendant Yu Mouyang and Bai Mouheng were captured by the Dalian Maritime Police Station.
During the trial of the case, the defendant Yu Motou and Bai Mouheng took the initiative to pay the illegal income of RMB 6,8800 to the court; and actively paid the fines of RMB 30,000 to 10,000, respectively.
After trial, the Wafangdian Court believed that although the victim Wang had no contract management rights and the right to use the sea area, the sea cucumber should still be protected in accordance with the law. The defendants Bai Mouheng, Yu Mouyang, Liu Mouhong, Yin Moukui, Liu Moutao, Liu Moujun, Zhao Mou, Xie Mougui used illegal possession to catch sea cucumbers in the above sea in the above sea. The amount is large, and its behavior violates the property rights of others and constitutes the crime of theft.
The defendants Bai Mouheng, Yu Mouyang, Liu Mouhong, Yin Moukui, Liu Moutao, Liu Moujun, Zhao Mou, Xie Mougui sinned together. The main role in the joint crime is the main criminal, of which the defendant Liu Mouhong has a relatively small role of the main criminal, and he punish him lightly as appropriate; The role of expensive crimes and auxiliary effects, the auxiliary role, is a criminal, and the role of a smaller role is to be punished lightly; A certain army, Zhao Mou, and Xie Mougui confessed, and voluntarily confess their guilty of guilty and punish them; Zhao and Xie Honggui took the initiative to withdraw the illegal income, and took the initiative to pay the fine, and punished as appropriate.
The case was discussed and decided by the trial committee of the Wafang Store Court, and the judgment was as follows:
1. The defendant Bai Mouheng's theft was sentenced to two years and five months in prison, three years in probation, and fined 30,000 yuan;
2. The defendant Yu's crime of theft was sentenced to two years and five months in prison, three years in probation, and fined 30,000 yuan;
Third, the defendant Liu Mouhong crime of theft, sentenced to two years and two months in prison, two years and six months in probation, and fined 20,000 yuan;
Fourth, the defendant Yin Moukui was convicted of theft and sentenced to one year or four months in prison, one year and six months in probation, and fined 10,000 yuan;
5. The defendant Liu Moutao was convicted of theft and sentenced to one year or four months in prison, one year and six months for probation, and fined 10,000 yuan;
6. The defendant Liu Moumou was convicted of theft and sentenced to one year or four months in prison, one year and six months for probation, and fined 10,000 yuan;
Seventh, the defendant Zhao was convicted of theft, sentenced to one year or four months in prison, one year and six months in probation, and fined 10,000 yuan;
8. The defendant Xie Mougui was convicted of theft and sentenced to one year or four months in prison, one year and six months in probation, and fined 10,000 yuan.
At the same time, the Wafangdian City Court ordered the above -mentioned eight defendants to jointly lose the victim Wang to RMB 6,8800 within ten days after the effectiveness of this judgment. The Dalian Maritime Police Department seized 1 conversation of the defendant Bai Mouheng and one of the intercom of the defendant Yu Mouyang, which was confiscated by the seizure authority.
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