Trading company boss online shopping simulation gun constitutes smuggling weapons and sentenced to four years in prison

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On the 13th, the Intermediate People's Court of Liuzhou City of Guangxi made a public verdict on the smuggling of weapons and the illegal possession of guns. The legal representative of a local trading company, Zhang, sentenced to four years in prison for committing smuggling of weapons through online shopping. In the year, and fined 10,000 yuan.

Simulation gun
Simulation gun (data picture)
The case was opened for public hearing on July 24 this year. The public prosecutor accused Zhang of being the legal representative of a local trading company. From December 2013 to April 2014, Zhang knew that the purchase of “simulation guns” from abroad was illegal, and still provided the seller with his own contact information in Liuzhou, through the “Taobao” shopping website to Hong Kong. The seller purchased three "simulation guns" and negotiated with the seller to send them by post. Among them, two "simulation guns" were seized and collected by the customs anti-smuggling department during the immigration inspection.
On September 1, 2014, the Liuzhou Customs Anti-smuggling Department seized 12 "simulation guns" (including one of the aforementioned goods received), one "simulation gun" and one "simulation gun" accessories at Zhang's home. "Simulation Gun" plastic projectiles ("BB" bombs) and so on. It has been identified that among the 14 "simulation guns" mentioned above, 13 can emit projectiles with compressed gas, which is in line with the gun characteristics defined by Chinese law. Criminal liability should be pursued for the crime of smuggling weapons and the illegal possession of firearms.
On the day of the trial, Zhang and his defenders had no objection to online shopping and possession of the above guns, but argued that Zhang was subjectively aware that the above-mentioned "simulation gun" was a gun in the legal sense, and that it was only a toy, and he hoped that the court would Be light or exempt from criminal punishment.
Liuzhou Intermediate People's Court held that the defendant Zhang violated customs regulations, purchased three simulation guns from Hong Kong through online shopping, and negotiated with the merchant to split the simulated gun into parts and then sent it into multiple parcels to evade customs supervision. It constitutes the crime of smuggling weapons; it also violates the regulations on the administration of firearms and illegally holds 10 guns, and its behavior constitutes the crime of illegally holding guns, and the circumstances are serious.
The court held that, in view of Zhang’s smuggling of firearms and illegal possession of firearms for the purpose of profit or criminal activities, but because of personal interests and hobbies, subjective viciousness, smuggling of firearms without other serious circumstances, can be lightly punished according to law. Accordingly, the court made the aforementioned judgment in accordance with the law.
After the verdict was pronounced in the first instance, the defendant Zhang Hui appeared in court to appeal.

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