Three men cut down 28 trees without a permit and were sentenced to probation after each man replanted 150 trees

by ruyi0807 on 2012-02-21 19:20:40

Defendants Gao Chuan Kang, Gao Bang Sheng, and Peng Guang He were planting replacement trees. Yesterday, in the Sunjia Town of Wanzhou District, a mobile court was held for a case involving excessive logging.

Report (by reporter Chen Bao Fa): Yesterday morning, within a courtyard in Sunjia Town, Wanzhou District, the national emblem hung high on a pomegranate tree, with a banner below it reading "Mobile Court of Wanzhou District People's Court." A case of excessive logging was tried here, marking the first environmental protection case since the establishment of our city's environmental court in December last year. Nearly a thousand villagers from the local area attended as spectators.

Case Replay:

Three men hired people to cut down trees without a license.

The case is straightforward. The three defendants—Gao Chuan Kang, Gao Bang Sheng, and Peng Guang He—are unemployed residents of Sunjia Town, Wanzhou District. Among them, Gao Bang Sheng has the highest education level, having graduated from a junior college.

According to the investigation, on April 24th last year, Gao Chuan Kang, Gao Bang Sheng, and Peng Guang He purchased 20 pine trees and 8 fir trees from Xiao Yu Ding, a villager of Group 1, Dahhe Village, Sunjia Town, Wanzhou District, for RMB 1500. Without applying for or obtaining a "Tree Cutting Permit," they illegally hired workers to cut down the trees. They were caught by the Wanzhou forest police while preparing to transport the logs. After inspection, the volume of the felled trees amounted to 15.55 cubic meters.

Courtroom Scene:

Giving a legal lesson to village cadres and villagers

"In towns, some people have weak legal awareness, and excessive logging occurs from time to time," said Judge Chen Wei, presiding over this case. To educate more villagers, they decided to hold the trial at the location of the incident—Sunjia Town, Wanzhou District.

At around 10:00 AM yesterday, the judges drove from the urban area of Wanzhou to Sunjia Town, which is more than 60 kilometers away. In a courtyard in the town, the judges hung the national emblem on a pomegranate tree and put up a banner reading "Mobile Court of Wanzhou District People's Court." By arranging several tables and finding over a hundred stools, the mobile court was set up.

Yesterday was market day, and this trial attracted the attention of more than 150 village cadres and villagers from seven villages and one neighborhood committee in Sunjia Town. Nearly 100 villagers from two neighboring villages in Liangping County also came. At 10:30 AM, after the trial began, according to a rough estimate by the reporter, including the local villagers who came for the market day, there were at least close to a thousand people present.

"Some people in rural areas think cutting down a few trees is not a big deal. Some hillsides have been completely deforested; these people who excessively log trees should have been punished long ago," said Zhou Hou Ping, a 47-year-old villager from Huaihua Village, Sunjia Town. He told the reporter that more than 20 people from their village came to receive education.

Qin Huai Cheng, the director of Dahhe Village, Sunjia Town, said this was a vivid legal lesson.

Confession in Court:

Three men sentenced to suspended sentences

During the trial, Gao Chuan Kang, Gao Bang Sheng, and Peng Guang He had no objection to the criminal facts and charges brought by the prosecution. "Actually, we knew that cutting down trees required approval from relevant departments, but everyone thought cutting down a little bit was fine, harboring侥幸psychology," said Peng Guang He, aged 62.

In their final statements, all three read out their repentance letters: "After being prosecuted for excessive logging, I underwent environmental protection education from the judge and the government, deeply regretting my actions that damaged the forest. I promise to abide by laws and regulations in the future and actively participate in national ecological protection and environmental activities..."

At around 11:40 AM yesterday, after a short recess, the judge announced the verdict on the spot. The court sentenced all three—Gao Chuan Kang, Gao Bang Sheng, and Peng Guang He—to one year in prison, suspended for two years, and fined them RMB 3000 each.

Additionally, the court issued a "prohibition order" to the three, prohibiting them from engaging in any business activities related to forest resources during the probation period.

After the announcement of the verdict, the three indicated their acceptance and stated they would not appeal.

Judge’s Explanation:

Why did they receive suspended sentences despite cutting down a large number of trees?

Cutting down 28 trees... Why did only three people receive suspended sentences? Yesterday, Presiding Judge Chen Wei explained that after their arrest, the three truthfully confessed their crimes. On January 9th this year, the three voluntarily planted 150 trees each near the scene of the crime, promising to take care of the planted trees. Their subjective malice and social harm were relatively small.

The three showed active remorse and had good attitudes towards confessing their crimes. There was no danger of them committing further crimes, nor did they cause significant negative impacts on their community. Considering all these factors, the court decided to announce a suspended sentence.

Government Response:

This serves as a warning to those who destroy the ecological environment.

"Sunjia Town is surrounded by mountains on all sides, with various types of trees such as ginkgo, osmanthus, pine, fir, and cypress, covering over 50% of the area. Such excessive cutting has caused extremely bad effects locally, which is heart-wrenching," said Zhang Long Wan, Deputy Town Mayor of Sunjia Town. Located in the Three Gorges Reservoir Area, the ecological environment of Wanzhou District is particularly important. "Building a Forest Chongqing" requires everyone's joint efforts. The verdict of this excessive logging case sounded an alarm for those who destroy the ecological environment.

News Background:

Establishment of the First Environmental Protection Trial Chamber in the Three Gorges Reservoir Area

It is understood that the first "Environmental Protection Trial Chamber" in the Three Gorges Reservoir Area was established on the morning of December 6th last year at the Wanzhou District People's Court.

The "Environmental Court" specifically handles environmental litigation cases within the jurisdiction of the Second Intermediate People's Court of Chongqing Municipality, including the "one district and eight counties." It is responsible for accepting and trying 18 types of criminal cases related to pollution and destruction of the environment, such as illegal dumping of dangerous substances, theft of timber, illegal mining, illegal hunting, excessive logging, etc., as well as disputes concerning atmospheric, water, noise, radioactive, soil, electronic waste, solid waste pollution responsibility, etc.