the
dark sea, the crew operated the machine
skillfully in the dark, and the sound of the machine running roared
all night. In
the cockpit, the captain looked warily at the surrounding sea
, and the cabin was slowly being filled. In May
2019, the defendant Guo Mou leased the "Sea X" ship to Chen Mou, and then hired the defendant Kang Mou as the captain of the ship. Kangmou is responsible for handling the navigation, production, management and recruitment of crew members on board, and Kangmou recruits seven other crew members. In July of the same year, Guo illegally installed sand pumping equipment such as sand pumping pipes and motors on the "Sea X" ship. On November 9 of
the same year, the defendant Guo Mou instructed the defendant Kang Mou to drive the "Sea X" ship to a sea area for illegal exploitation of sea sand. At 10 p.m. the next day, Kang and seven crew members set out from Longhai City, Fujian Province, and sailed the "Sea X" ship overnight to a certain sea area at noon the next day. At about 4 am on the
12th, the defendant Kang Mou controlled the sand pumping equipment illegally installed on the starboard side through the electronic control device on the bridge. The rest of the crew began to pump sea sand under the command of Kang Mou, filling the third, fourth, fifth, sixth and seventh cabins on the front deck respectively. At 6 o'clock in the morning, Kang found the marine police vessel on duty and fled by boat. During the escape, Kang Mou, in order to destroy the evidence, accelerated the driving of the "Sea X" ship while operating the barge conveyor belt and other machines on board to dump the illegally mined sea sand into the sea. The ship
on duty repeatedly sounded sirens to warn, and repeatedly indicated the identity of the marine police to the "Sea X" ship through radio, broadcasting and shouting, demanding that the ship stop to cooperate with the inspection and stop dumping sea sand into the sea, but the defendant Kang and others refused to cooperate and continued to dump sea sand. The ship on duty successfully intercepted and forcibly boarded the "Sea X" ship by means of water cannon attack and interception course. The officers on duty immediately controlled the ship and stopped it from continuing to unload sand. After inspection, it was found that only part of the sea sand remained in the fifth cabin.
At the same time, the coast guard vessel found another illegally refitted sand pumping vessel in the nearby waters, which had just finished the sand mining operation in the same way. After investigation, this is another illegal sand pumping vessel leased and operated by the defendant Guo Mou.
After measurement and identification, the sea sand mined by the two ships is sand for construction, which meets the requirements of Class III sea sand for construction. The value of the remaining sea sand in the fifth cabin of the "Sea X" ship is 18,000 yuan, the value of the sea sand dumped into the sea during the escape period is about 620,000 yuan, and the value of the sea sand mined by the other ship is about 860,000 yuan. After verification, the longitude and latitude of the sea area where the case occurred and the sea area where the seizure point was located were within the exclusive economic zone of China, and neither of the two vessels had applied for a license to exploit sea sand. As a result
of the
judgment, the Longhu Court of Shantou held that Guo Mou and Kang Mou, the defendant, had not obtained the right to use the sea area for sea sand mining, and had not obtained the mining license, and had ganged up to excavate sea sand respectively, which had violated the criminal law and constituted the crime of illegal mining, and the circumstances were particularly serious. According to the circumstances of the defendant's crime and the performance of confession and repentance, the court sentenced the defendants Guo Mou and Kang Mou to fixed-term imprisonment ranging from six years to two months, and imposed fines ranging from 400000 to 20000.
As a marine mineral second only to oil and natural gas, sea sand has important economic, ecological and landscape values, and is a precious marine resource. A small grain of sea sand is related to the marine ecological environment and the safety of national mineral resources. Unauthorized large-scale exploitation of sea sand will affect the stability of the seabed biological community and ecological environment, and bring irreversible changes to the marine ecosystem. If the stolen sea sand is used as sand aggregate in violation of regulations, it will bring great security risks to construction projects. It seriously threatens the safety of people's lives and property. The development and utilization of
sea sand is strictly restricted and protected by the state, and the illegal mining of sea sand has great social harmfulness, so the state severely cracks down on the illegal collection of sea sand. Here, we appeal to the general public to abide by the national law, take the initiative to resist and report illegal sand mining, contribute to the protection of the marine ecological environment, and jointly protect the beautiful earth. Article 343 of
the Criminal Law
of the People's Republic of China, in violation of the provisions of the Mineral Resources Law, mines without obtaining a mining license, enters the state-planned mining areas, mining areas of great value to the national economy and other people's mining areas without authorization. Or mining specified minerals of which protective mining is prescribed by the State without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Whoever,
in violation of the provisions of the Mineral Resources Law, mines mineral resources in a destructive way and causes serious damage to mineral resources shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined. Article 3 of
the Interpretation
of the Supreme People's Court and the Supreme People's Procuratorate on Several Questions Concerning the Application of Law in Handling Criminal Cases of Illegal Mining and Destructive Mining commits illegal mining under one of the following circumstances. It should be recognized as "serious circumstances" as stipulated in the first paragraph of Article 343 of the Criminal Law:
(1) The value of the mineral products mined or the value of the damage to mineral resources caused is between 100,000 yuan and 300,000 yuan or more;
(2) mining in a mining area that is embraced in State plans or a mining area that is of great value to the national economy, mining specified minerals of which protective mining is prescribed by the State, or mining in a prohibited mining area or during a prohibited mining period, if the value of the mineral products mined or the value of the damage to mineral resources caused by the mining is between 50,000 and 150,000 yuan or more;
(3) Those who have been subject to more than two administrative penalties for illegal mining within two years and have committed illegal mining activities again;
(4) Those who have caused serious damage to the ecological environment; and
(5) Other serious circumstances. The act of
illegal mining under any of the following circumstances shall be deemed as "especially serious circumstances" as stipulated in the first paragraph of Article 343 of the Criminal Law:
(1) The amount reaches more than five times the standard stipulated in the first and second items of the preceding paragraph;
(2) causing especially serious damage to the ecological environment;
or (3) other circumstances of a particularly serious nature. Article
5 Whoever excavates sea sand without obtaining a sea area use right certificate for sea sand mining and without obtaining a mining license, which conforms to the provisions of the first paragraph of Article 343 of the Criminal Law and Articles 2 and 3 of this Interpretation, shall be convicted and punished for the crime of illegal mining. If the act specified in
the preceding paragraph does not have the circumstances specified in the first paragraph of Article 3 of this Interpretation, but causes serious damage to the coastline, it shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 343 of the Criminal Law.
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