Xinzhou Intermediate People's Court released a typical case of pollution environment

Shanxi Evening News (Reporter Guo Xiaoqiang Correspondent Li Jiani) "Construction of Clean and Clean Beauty World" is the theme of this year's World Environment (June 5). Guard the green mountains and green mountains.

In 2018, the defendants Zhang Moumou, Liu Mou (have been sentenced) and the defendants Gong Moumou (have been sentenced) and Li Moumou (have been judged) to obtain high profits to obtain illegal disposal of abandoned objects. In the case, the defendant Li Moumou introduced various wastes to Zhang Moumou and Liu Mou. The latter two passed the palace to transport the waste from the town of a town in Fanxia County and pay the relevant expenses.

From October 2018 to May 2019, through the defendants Zhang Moumou and Liu, they contacted them. Places to cause severe pollution to the environment.

After identification, about 1,000 meters west of a village in a town in Fanxia County, the black liquid substances were dug out in the burying chemical waste in the Luanhe River. The emergency disposal costs incurred during the emergency response process were 939,4326 yuan, and the soil ecological environment repair cost required for soil pollution was about 27,9900 yuan.

In the first instance of the People's Court of Fanxia County, the defendant Zhang Moumou violated the regulations of the country. He and others were illegally disposed of, dumping hazardous wastes without environmental protection, and seriously polluted the environment. The consequences were particularly serious. It should be punished according to law. According to the defendant's criminal facts, criminal circumstances, attitude of pleading guilty, and regrets, the decision was judged in accordance with the law: 1. The defendant Zhang Moumou committed the crime of contaminating the environment, sentenced to three years in prison, and fined RMB 15,000. 2. The mobile phone transferred with the case was confiscated in accordance with the law and paid the state treasury.

After the sentence, Zhang Moumou appealed to the Xinzhou Intermediate People's Court on the grounds of excessive punishment. He believes that he has not participated in the pollution environmental crime in 2019. Compared with other criminals, the importance, degree of participation, and harm in crime are lighter than others. It is determined to be a crime, and he has a good guilt, the first offenders, no subjective malignant, and voluntarily pleaded guilty, asking the court to lightly and reduce the punishment.

During the trial of the second trial, the People's Procuratorate of Xinzhou City believed that although Zhang Moumou did not directly participate in dumping garbage, in combination with some of the important nodes participating in the case, Zhang Moumou made it clear that the harmfulness of this batch of garbage should be with Liu Mou and others. Take the corresponding legal consequences. Zhang Moumou played a secondary role in this case, and provided convenience for the implementation of crimes in behavior. He could be punished as a light and primary criminal.

The Xinzhou Intermediate People's Court heard that the appellant Zhang Moumou violated the regulations of the country. He and others were illegally disposed of and dumped hazardous wastes without environmental protection approval. The circumstances were seriously polluted. Although Zhang Moumou did not directly implement the two dumping hazardous wastes in 2019, his central introduction to the dumping waste people knew each other and participated in the behavior of this case. Function, it is a crime. According to the criminal facts, circumstances, the degree of social hazards, the performance of guilty, repentance, and the handling of the same case, the appellant decided to reduce the punishment to the appellant Zhang Moumou in accordance with the law. The appellant Zhang Moumou was convicted of pollution, and he was sentenced to two years and six months in prison, and fined RMB 15,000 (paid). The mobile phone transferred with the case was confiscated in accordance with the law and paid the state treasury.

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