“It is certain that there will be no appeal. ” said the wife of the first defendant in the gun-shaped keychain case that sparked widespread concern, Li Moulong. The case during the first trial Li Moulong’s defense lawyer Yang Weihua also said in an interview that the family did not continue to entrust its defense after the first trial.
Previously, on June 4, the case in Anshan City Intermediate People’s Court, that the three main offenders, including Li Moulong, constitute the crime of illegal manufacture, trade, mail firearms, the circumstances are serious, but because it did not cause serious social harm and consequences, can be sentenced to penalties below the statutory penalty. Finally, Li Moulong and other three main offenders were sentenced to 3 to 4 years in prison in the first instance, and 12 accomplices were exempted from criminal punishment.
Now, the ten-day appeal period has expired, and since the defendants in this case were sentenced below the statutory penalty, the verdict needs to be approved by the Supreme People’s Court before it can take legal effect, and the verdict will take effect immediately once it is approved by the Supreme Court.
A life changed by a gun-shaped keychain
In 1988, Li Moulong was born in Liancheng County, Fujian Province, from high school onwards, like small hand-made models. After graduating from college, Li Moulong married his wife and jointly operated an online store, mainly selling parts for 3D printers.
In 2012, Li Moulong purchased a gun-shaped keychain about 4 cm long on a foreign shopping site that could fire projectiles.
“He thought this thing could be fixed on the car window and in the office as a decoration, in addition to hanging on the key. Soon after, he contacted a factory in Shenzhen for imitation. “Li Moulong’s wife said.
Around 2013, Li Moulong saw Xu’s factory producing hardware accessories through the Internet, so he contacted Xu to negotiate to copy the production of this gun-shaped keychain.
Xu Mou said: “Li Moulong’s sample is about 4 cm long a particularly small mini-rotor pistol, press the trigger, the pistol wheel can turn a little, the hammer on top while hitting down a little, by twisting an accessory below the barrel, you can open the wheel to reveal the wheel. “
Thereafter, Xu gave this sample to Liang’s hardware company, by Liang will disassemble this gun-shaped keychain, the parts made into drawings, and then made to complete.
“After the completion of the drawings, some parts I can not do, by Xu Mou find another factory to do, and then mailed to me, by my assembly molding. Each set of gun-shaped keychain parts including assembly, Xu gave me 16 yuan. The first time to do 1000. “Liang Mou said.
It is understood that through this production chain, a total of three batches were produced: the first batch of 1,000 in 2013; the second batch of 1,000 in 2016 and 2017, and the third batch of 2,000 orders placed on July 20, 2018.
“The first batch is a style, the second and third batches are a style, function and material have not changed, mainly different in appearance, the purpose is to upgrade the product, update, better look, better sell. “Li Moulong said.
“The first batch of gun-shaped keychains made, all sold abroad, no matching bullets. The second batch of domestic and foreign are sold, with bullets for sale, bullets part of my own making, buy smashed gun bullets, the gunpowder removed and stuffed into the cartridge case, and then inserted an iron bar, to complete a round of bullets. “Li Moulong said.
“These keychains are bought as accessories by netizens, mainly for collection, the sale price ranges from a few hundred yuan, never had an injury. “Li Moulong’s wife said, due to the high degree of simulation, gun-shaped keychain has a firing function, some netizens bought, with firecrackers filled with gunpowder inside, firing homemade miniature projectiles. “The force is not large, almost no harm, far less than a knife or bow and arrow harm force. “
In April 2018, Liaoning Anshan City Public Security Bureau Tiexi Branch by the network control, found a man Yu used the Internet to illegally buy and sell firearms many times, so the illegal sale of firearms for a case investigation. During the investigation, the police found that another Li Moulong, Xu Mou and a total of 15 other people were involved, so they were combined to deal with the case.
On July 31, 2018, Li Moulong was arrested by the Anshan police, and was later detained and arrested on suspicion of illegal trading of firearms. on September 18, 2018, Xu Mou was arrested by the Anshan police, and was later detained and arrested on suspicion of illegal manufacturing and trading of firearms.
15 People Charged with Illegal Manufacture, Sale and Purchase of Firearms by Mail
On April 3, 2019, the Anshan City People’s Procuratorate filed indictments against 15 people, including Li Moulong, Xu Mou, and Liang Mou, for the crime of illegally manufacturing, buying, selling, and mailing firearms.
The People’s Procuratorate of Anshan City, Liaoning Province, alleged that in 2012, the defendant Li Moulong purchased a pocket revolver abroad through the Internet and contacted the defendant Xu Mou between 2013 and July 2018 to produce a large number of copies of the gun as a prototype. Contacted by Xu, the hardware processing plant of the defendant Liang produced hardware stamping parts, a metal products company in Shenzhen produced hammer, barrel, drum wheel, and a company in Huizhou produced plastic parts. After the production of relevant parts sent to Xu, Xu and then forwarded to Liang, the Liang factory is responsible for all spare parts assembled into finished products. After the assembly is complete, Li Moulong through the overseas website and the defendant Guo Moumou and other domestic downline agents, the pocket revolver for sale.
On the day Li Moulong was arrested, the police seized a number of loose small revolvers, 9 sets of boxed small revolvers (each containing a small revolver and 9 small revolver bullets), a number of gun parts, and 7 small revolvers that had not been assembled; 2 small revolvers and a bag of small revolver bullets were seized at Li Moulong’s residence.
The Chinese Interpol Academy of physical evidence identification center, Li Moulong stored in the home and car 62 keychain revolver is a gunpowder-powered homemade pocket revolver, belongs to the non-military firearms, has the function of shooting, identified as firearms. 33 gun parts are gunpowder as the energy source of non-manufactured firearms parts, with the same function as the special parts of manufactured firearms, identified as firearms parts.
The defendants Xu Mou and Liang Mou were arrested by the public security authorities, and a number of suspected firearms were seized at Xu Mou on the same day.On November 20 and November 30, 2018, 14 of them were identified by the Physical Evidence Identification Center of the China Criminal Police Academy as self-made pocket revolvers powered by gunpowder, which belonged to non-military firearms with firing function and were identified as firearms.
The public prosecutor’s office believes that the behavior of the above 15 people has violated the relevant provisions of the criminal law, constituting the crime of illegal manufacture, trade and mailing of firearms, and requests the court to impose a sentence according to law.
Is the keychain involved in the case a gun or not?
Due to the impact of the epidemic and other reasons, more than a year after the public prosecution authorities filed the lawsuit, December 15-17, 2020, Anshan City Intermediate Court held a public hearing on the case.
During the trial, whether the gun-shaped keychain involved in the case is a firearm is the focus of dispute between the prosecution and the defense, and as the key evidence supporting the public prosecution to identify the gun-shaped keychain as a firearm, the five appraisals issued by the Physical Evidence Identification Center of the China Criminal Police Academy, the Chinese police identification word [2018] 442, 719, 854, 1048, 1105, naturally also became the focus of dispute between the two sides.
The above five appraisals claim to be appraised in accordance with Article 3, Paragraph 2 of the Ministry of Public Security (Gong Tong Zi [2010] No. 67) “Regulations on the appraisal of the performance of firearms and ammunition involved in public security organs”. The content of this article is: “(B) all non-formulaic firearms (including homemade and reformed firearms) that can fire the system ammunition, are identified as firearms. To be able to load the system ammunition, but due to the lack of individual parts or rust can not complete the firing, after the addition of relevant parts or rust removal to be able to fire the system ammunition of non-systematic firearms, are identified as firearms. “
The above five appraisals show that the Anshan police is a gunpowder-powered homemade revolver, which belongs to the non-military firearms, with firing function, identified as firearms.
However, Yang Weihua believes that the case pocket small revolver keychain simply can not fire the system ammunition, according to the article simply can not be derived from the above five appraisals of identification.
In addition, around the gun testing method and the caliber of the gun-shaped keychain involved in the case whether the test standards, the two sides also have more than divergent views
During the trial, a remark made by Li Moulong’s second defender Wang Xueming during his defense was repeatedly quoted in media reports, even as a headline. He said: “If it is found to be a gun, I suggest that the court sentence the defendant to death by firing squad and execute it with this keychain gun. If it is not shot, please let the defendant go home. “
Wang Xueming believes that Lee Moulong was found guilty of manufacturing, buying, selling and mailing firearms factually unclear, insufficient evidence, the collection procedures of the evidence in this case is illegal and should be excluded; Lee Moulong did not have the subjective intention of the crime, the guns it manufactured will not cause casualties, no social harm, should be acquitted.
Finally, on June 4, 2021, the Anshan City Intermediate Court ruled at first instance that the defendant Li Moulong was guilty of illegally manufacturing, trading and mailing firearms and was sentenced to 4 years in prison; the defendant Xu Mou was guilty of illegally manufacturing and mailing firearms and was sentenced to 3 years and 6 months in prison; the defendant Liang Mou was guilty of illegally manufacturing and mailing firearms and was sentenced to 3 years in prison; the defendant Liang Mou and 12 others were guilty of illegally manufacturing (trading) firearms and were Exempted from criminal punishment.
Yang Weihua said, after the verdict was made, Li Moulong said in court to appeal, but after the first trial, the family did not continue to entrust Yang Weihua.
And Li Moulong’s wife said in an interview: “the end has been decided, no appeal, there is no way. “
1.8 Joule / cm2 triggered the discussion
In order to severely punish crimes involving guns and explosives, the Supreme Court had formulated in 2001 “on the trial of illegal manufacture, trade, transport of firearms, ammunition, explosives and other criminal cases of specific application of law interpretation”, and in 2009 revised and re-published.
In 2010, the “public security organs involved in firearms and ammunition performance identification regulations” clearly: the muzzle specific kinetic energy greater than or equal to 1.8 joules / cm2 for non-made firearms that can not fire the system ammunition, all identified as firearms.
This regulation adjusts the muzzle kinetic energy from the original 16 joules / cm2 to 1.8 joules / cm2, and the standard is adjusted downward to one-ninth of the original, thus triggering controversy.
In recent years, public opinion has been more concerned about a series of imitation gun cases such as Liu Dayi, Zhao Chunhua, Li Xiulan, etc. The standard of 1.8 Joule/cm2 for the identification of firearms has triggered discussion time and again.
For such a firearms identification standard currently in general implementation, Zhu Zhengfu, a member of the National Committee of the Chinese People’s Political Consultative Conference and vice president of the National Legal Association, had questioned during the National People’s Congress: “The standard of 1.8 joules/square centimeter is only one-ninth of the original standard. This standard has been very controversial, and even within the courts there are different opinions. After the implementation of the new standard, a large number of acts such as the possession of imitation guns, which originally did not constitute a crime, were found to be criminal. “
The gun-shaped keychain case faced this same controversy.
The appraiser said that the gun with gunpowder as the energy source is generally not less than 1.8 joules per square centimeter, because the gun-shaped object sent for examination are greater than 1.8 joules per square centimeter, the gun structure is complete, the action is reliable, can be determined to be a firearm.
And Yang Weihua said that the figure of 1.8 joules per square centimeter is very low, which is why the imitation gun cases continue to appear and cause concern after 2010, and hope that the court does not adopt this unreasonable standard.
Recent Comments