The villagers threw poisonous corn kernels on their own land, causing the death of 9 sheep and were

Yang, a man from a county in Shanxi, put poisoned corn kernels in his field, causing nine other villagers to be poisoned to death. The man was sentenced to one year and six months in prison, suspended for two years. This case seems simple, but in fact it is both sophisticated and lacking in legal awareness.

Yang's correct approach shows that he is not "poisoning" his own land, although it is determined that it is not a subjective will to poison the sheep, but the land is the state, the people only have the right to use it, and the cultivated land is an open public space, and it is true that poisonous corn should not be placed. After clarifying this point, I believe that many netizens will dispel their doubts about the illegality of putting poisoned corn on their own land. In addition, if other animals eat it, it will also be poisoned, and what is even more worrying is that the child will be in trouble if he accidentally picks it up and puts it in his mouth.

The procuratorate said that although Yang's original intention of putting poisonous corn kernels on his ridge was to prevent his medicinal herbs from being eaten and protect his rights and interests, he also set up warning signs. However, as cultivated land is an open public space, this kind of behavior itself has a certain risk, and the crime of releasing dangerous substances is a dangerous offense

Yang was poisoned because the medicinal herbs were often trampled and eaten by the sheep. Although the consequences of causing sheep to be poisoned were the same, the subjective cognition of poisoning was different between the two. Hence the difference in judgment.

I think this page of judgment is reasonable, and the villagers' behavior of throwing poisonous corn kernels may affect the lives of others.

I think it's a little wronged, but the knower is not unjust from the legal level, so everyone should really take it as a warning, and when encountering such things, it is better to take Huishu to protect their rights and interests through legal means.

It is really wronged, after all, this is his own land, and the land of this villager has been trampled by the sheep many times and cannot produce food.

I feel wronged because people do this to prevent birds from destroying crops.

In the countryside, there are often people stealing grain from many fields, which makes many farmers miserable, and there is no good way, but this has been a matter of the past few decades, and now everyone's economic level is gradually improving, and there is no shortage of food. In order to prevent such a situation, many farmers will insert their own scarecrows in the fields, or go to the fields from time to time to check to avoid the destruction of crops, like this villager, who dropped poisonous corn kernels in his own grain field, and when the sheep ran to the field, they inadvertently ate these poisonous corn kernels, which eventually led to the death of 9 sheep. And this villager was also sentenced to a suspended sentence, so what does the law say about this series of questions?

On the one hand, many netizens believe that the villagers have placed poisonous corn kernels in their fields, which has not harmed the interests of others, which is also to protect their own property and food from being damaged, even if it is trampled by the sheep, it will make the villagers' income halved instantly.

On the other hand, netizens believe that no matter what, if you want to protect your own fields, you can take other ways and measures, so as not to drop poisonous corn kernels in the fields, which will eventually lead to the death of 9 sheep.

In fact, after the suspended sentence was handed down in this case, the main focus of controversy was how compensation should be made. Because the incident has happened, and the losses of both parties have been caused, how to compensate is the focus of everyone's attention, and this villager not only has to pay compensation out of his own pocket, but also suffer from the trial of the law. It can be said that stealing chickens does not lead to rice, in fact, he was the one who took advantage of it, because his property was indeed infringed, but such a bad practice is the most important core point of the whole incident.

The villagers threw poisonous corn kernels on their own land, causing the death of 9 sheep and were sentenced to probation! The court found Yang guilty of distributing dangerous substances and sentenced him to one year and six months in prison with a two-year probation.

He violated the law on the offence of distributing substances, which is defined by the law as imprisonment for at least three months, depending on the seriousness of the circumstances.

The law also determines this practice according to the circumstances, because the land is owned by the peasant households, and the people have the right to operate in the fields, but the sheep run to the fields to eat the crops and cause problems, so both have unshirkable responsibilities.

From a legal point of view, this behavior of the villagers is indeed problematic and should be punished, because it is subjectively poisoning, and it does cause certain economic losses to others.

How to say it, the villagers were sentenced correctly, because the villagers' poisoning behavior is indeed illegal, and it is also his subjective poisoning behavior, then it must be illegal. Some people may say that it is not okay to poison one's own field. It is indeed not possible, because poisoning is a felony, and it is good that it is not poisoned to people, but if it is poisoned to people, it is basically impossible to escape.

Of course, just because you don't get poisoned doesn't mean you don't have to take responsibility and don't commit a crime. As long as you cause damage to others, it constitutes a crime, but it is not as serious as poisoning people. For example, although only nine sheep were poisoned this time, the villagers will be criminally detained, and they will definitely need to be compensated, so don't think that poisoning in your own field is not illegal, as long as it is poisoned, it is illegal, it is just a matter of severity.

One thing to say, legally speaking, this matter is indeed the fault of the villagers. Although we morally think that the villagers are right, after all, their own things are eaten, and it is right to poison those animals that steal food, but sorry, the law says that you can't do this, if you are allowed to do this, then everyone will poison their own fields in the future, so what's the matter? If the crops in your field are damaged, you can call the police directly and ask the police to find out who did it, or whose team did it, and the police will ask for compensation, and it is not a crime to poison at all.

Now is a society under the rule of law, we must learn to use the law to solve problems, the state is also very concerned about the three rural areas, and the police in various places are also concerned, so when you encounter this kind of thing in the future, just call the police directly, and don't do anything else.

In general, the villagers are indeed breaking the law, because poisoning is a crime, no matter if you are poisoning in **, as long as you cause losses, you will go to prison!

Don't just look at the outside, look inside. Although the land is contracted by individuals, but the sovereignty of the land belongs to the state (it is a public environment), it is a serious crime to put poison in a public place if you put poison here. Sheep are like "people who have no action (no thinking)", and those who are harmed and suspected of poisoning are of course criminally responsible.

Taking into account the special circumstances of the case, the court gave him a lenient suspended sentence.

The crime of releasing dangerous substances is a dangerous offense, and its establishment does not require the actual result of poisoning an unspecified number of people or the destruction of major public or private property, as long as the perpetrator's behavior is sufficient to endanger public safety, that is, there is an existence that endangers public safety.

The end result of Yang's actions was to cause huge economic losses to others, and he was liable for criminal liability and civil compensation. The Hongdong court sentenced Yang to one year and six months in prison, suspended for two years.

This judge should go home and plant sweet potatoes.

I think it's right, no matter what kind of animal they are, they are spiritual, and they are also a life. And this villager is already suspected of intentional injury.

After being summoned, he voluntarily came to the case to confess the facts of the crime, compensated the victim 23,600 yuan, and obtained forgiveness. The Hongdong court convicted Yang of the crime of distributing dangerous substances and sentenced him to one year and six months in prison, suspended for two years.

This verdict is really unsatisfactory, because this villager just wants to protect his land, and he feels that the owner of this flock is also responsible.

The villager was often eaten by the sheep because of the medicinal herbs he planted, and then took the pesticide-soaked corn and scattered it on the ground, and set up warning signs on both sides of the road. In the end, 9 sheep came running and ate the poisonous corn and died! Asked to go to court!

Let's take a look at what the law says?

1. On the conviction of this case

In this case, Yang not only carried out the act of putting dangerous goods, but also caused the death of 9 sheep, although it was said that he was put in his own field, and also placed two warning signs, but because the plot was open, and Yang was aware that there were sheep who often came to the field to steal food, only two signs were obviously not enough to eliminate the danger of harm to unspecified livestock (important property of others). Therefore, the case found that the crime of disseminating dangerous goods was in accordance with the law.

2. On the sentencing of this case

According to the law, if the two conditions of "voluntarily appearing in the case" and "truthfully confessing" are met, it is a voluntary surrender, and voluntary surrender is a statutory mitigating or mitigating circumstance. In this case, the statutory sentence was three years at the beginning, and the actual sentence was one and a half years, with a two-year suspension, which is a mitigated punishment rather than just a lighter punishment. Legally, only commutation of punishment can break through the statutory sentence downward, and lighter punishment can only be within the lower limit of the statutory punishment range, but it cannot break through the statutory sentence downward.

Therefore, if Yang did not voluntarily surrender, even if he compensated for the losses and obtained forgiveness, it would not be possible to sentence him for less than three years, because compensation for losses and forgiveness is only a discretionary mitigating circumstance, not a mitigating circumstance. In other words, if Yang did not come to the case on his own initiative after being summoned or did not truthfully confess after arriving at the case, according to the current crime, even if he compensates the sheep owner for his losses and obtains forgiveness, he will face at least three years in prison (a suspended sentence may be applied). If that's the case, will you feel that he is more wronged?

3. The warning significance of this case to the world

What should I do when my crops are destroyed by livestock?

Yang was originally a victim, but due to the improper methods and methods adopted, he not only lost his property, but was also investigated for criminal responsibility, which is really "reasonable has become unreasonable".

This case is also a warning to people:

On the one hand, when encountering a similar situation, the evidence can be retained, and according to the relevant provisions of China's Civil Code, the owner of the damaged field can completely claim to the owner of the damaged livestock to stop the infringement, remove the obstruction, and compensate for the loss;

On the other hand, even if you want to put toxic substances in your own crops, you should take adequate safety precautions, such as fencing or squatting in addition to warning signs, to prevent the tragedy from happening again.

The villager mainly wanted his medicinal herbs not to be eaten by the goats, which was not right because it was an act of poisoning, which should be punished to protect his own interests and not use improper means.

Yang was often trampled and eaten by sheep because of his own medicinal herbs, and took out pesticide-soaked corn kernels and sprinkled them in the ground. On the east and west sides of the medicinal herb field, Yang placed a cardboard box with "Be careful of poison" as a warning. The next day, Zhang, a villager from the same village, herded sheep there, and nine goats died after eating poisonous corn kernels.

The villager felt that his cornfield was often trampled by the sheep, and he was very angry and did not want the sheep to come again.

The court sentenced the villagers to one year and six months in prison, suspended for two years, when they poisoned nine sheep to prevent sheep from poisoning their own fields。This judgment has a legal basis and is not unjust.

OneVillagers were sentenced for poisoning corn on their own land

In order to prevent the sheep from destroying the medicinal materials, the villagers sprinkled poisonous corn around the ground and set up warning signs. The next day, nine sheep from the same village died unexpectedly after eating poisoned corn. After the incident, the villagers confessed to their actions, and compensated the other party more than 20,000 yuan, and also obtained the other party's understanding.

However, the actions of the villagers constituted the crime of releasing dangerous substancesHe was sentenced to one year and six months in prison, suspended for two years。Many netizens feel that the villagers are too wronged, the loss of the other party's sheep is a loss, and how to calculate the medicinal materials lost by the villagers, there are mistakes on both sides of this matter, and the sheep owner has not fulfilled his responsibility to take care of the sheep, which will cause this misfortune.

IIWhat to think of this verdict

Many netizens on the Internet feel that this case is unfair, in factThis verdict is based on the law, and it has not wronged the villagers。Villagers will only be sentenced for the crime of releasing dangerous substances. The crime of releasing dangerous substances refers to the intentional release of toxic radioactive infectious disease pathogens and other substances in an open public space, and this emphasis is on "intentionally".

This is illustrated by the fact that villagers scatter corn kernels mixed with highly toxic pesticides on the edge of the herb fields with the aim of targeting sheep and causing their deathThere is an "intentional" act of the villagers' subjective will。Cases like the villagers occur every year, but the severity of the verdict lies in the subjective perception of poisoning. The court sentenced the villagers to a suspended sentence because the losses caused were not serious, and they also admitted their mistakes, surrendered, took the initiative to repay compensation, and obtained the other party's forgiveness, so this punishment was not unjust for the villagers.

IIIIn summary

The court sentenced the villagers to one year and six months in prison, suspended for two years, after poisoning nine sheep to death in their homesIt is not wronged, there is a law to follow.