They started quarrying mountains for business, and they actually took gunpowder from explosive and exploded the mountains
To save the cost of quarrying project
They actually stared at the explosives in the firecrackers
Use firecrackers, gunpowder, fertilizers and other raw materials
Homemade dynamite explosive mountain quarrying
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In order to save money, he took the gunpowder from the firecrackers and made explosives to explode the mountains and quarry the rocks. Recently, the Yanggu County Procuratorate in Shandong Province filed a public prosecution. The Yanggu County Court sentenced the defendants Li Zhenguo, Guo Xin, Zhang Yong, and Wang Jifei to fixed-term imprisonment ranging from seven to nine years for the crimes of illegally manufacturing, transporting, and storing explosives. 12 defendants including Wang Guilan, who was employed to strip explosives, were sentenced to imprisonment ranging from two to three years for the crime of illegally manufacturing explosives, and probation was applied. Four defendants Chen Xiaoping, who used firecrackers, explosives and chemical fertilizers, were sentenced to imprisonment. They were sentenced to fixed-term imprisonment ranging from one to three years for the crime of illegally manufacturing explosives, and probation applies.
In July 2017, Li Zhenguo contacted the netizen Pan Liying, a villager in Zhangqiu Township, Yanggu County, and asked her to help buy large quantities of double-shot firecrackers locally. Pan Liying knew that Li Zhenguo was used for blasting and quarrying, and she agreed. Later, Pan Liying bought 50 boxes of firecrackers for the first time. In addition to paying the full amount, Li Zhenguo also paid an additional 1,000 yuan "facilitation fee" to Pan Liying. Li Zhenguo asked Pan Liying to help find someone to strip the gunpowder from the firecrackers, and pay a "processing fee" of 70 yuan per box. Pan Liying found friend Wang Qin, and the two found nearby villagers friends and commissioned the stripping of gunpowder at a price of 50 yuan per box. . Wang Guilan, Wei Jie and others took the job of stripping gunpowder considering that there was no farm work in the field at that time. Until some people discovered a large number of firecracker barrels, they called the police anonymously, and the case happened. When the public security organs found it, Pan Liying had bought 210 boxes of firecrackers, and Wang Guilan and others had only a few boxes left to be stripped. The rest of the stripped gunpowder has been transported away by Wang Jifei and Zhang Yong. Chen Xiaoping used firecrackers, gunpowder, fertilizer and other raw materials to make explosives for mountain blasting and quarrying.
After review and arraignment, the prosecutors found that the defendants Li Zhenguo, Guo Xin, Zhang Yong, and Wang Jifei hired others to strip gunpowder from firecrackers, and then make them into explosive devices for blasting mountains and quarrying rocks. This act constituted illegal manufacturing and quarrying. The crime of transporting and storing explosives is not controversial. But what Wang Guilan and other villagers are engaged in is the labor activity of stripping gunpowder from firecrackers. Does this kind of behavior belong to "manufacturing" explosives?
In this case, Pan Liying, Wang Guilan and others carried out or instigated others to strip gunpowder in order to obtain gunpowder. One view is that this process is a physical transfer process of pyrotechnic powder, not a manufacturing process; another view is that the process is that the defendant uses firecrackers as raw materials to obtain pyrotechnic powder through tool processing, which is a manufacturing process. The prosecutor agreed with the second point of view. The criminal law criminalizes the illegal manufacture of pyrotechnic powder exceeding three kilograms, which is considered to be quite dangerous in the production process of pyrotechnic powder, which can easily cause explosion accidents and endanger public safety. In this case, the process by which the defendant obtains pyrotechnic powder by processing firecrackers has the same risk as the process of obtaining pyrotechnic powder by processing raw materials, and it is very easy to cause public safety accidents. Therefore, the process should be regarded as a "manufacturing" process.
In April 2018, the Yanggu County Procuratorate prosecuted the defendants Zhang Yong and Wang Jifei on suspicion of illegally manufacturing, transporting, and storing explosives; and prosecuted Wang Guilan, Wei Jie and others on suspicion of illegally manufacturing explosives. At the same time, we guided the Yanggu County Public Security Bureau to continue investigating the case, dig deep into other accomplices, increase the arrest of Guo Xin, Li Zhenguo and other fugitive defendants, and urge the case to arrive as soon as possible.
After the Yanggu County Public Security Bureau launched a strong investigation, the co-defendants Guo Xin, Li Zhenguo, and Chen Xiaoping respectively arrived at the case in May 2018, April 2019, and November 2020, and were filed by the Yanggu County Procuratorate in accordance with the law. For public prosecution, the county court adopted all the opinions of the procuratorial organs.
12 defendants such as Wang Guilan and Wei Jie who were employed to strip gunpowder voluntarily pleaded guilty and pleaded guilty. They played a secondary and auxiliary role in a joint crime. They were accomplices. After the trial, they refunded all the illegal proceeds and had surrendered circumstances. Each defendant was considered The role played in the entire crime process and its criminal motives were comprehensively considered based on the principle of crime and punishment compatibility. Upon request from the higher court, the above-mentioned defendants were all sentenced and punished below the statutory sentence.
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Scope of application:
Any industry that uses traditional explosives can be applied, and special areas or places in non-civil explosion areas can better reflect its superior characteristics.
1. Mining industry: mining of open pit mines and mining, mining, roofing and coal bunkers can be applied. Such as the elimination of the working surface, eliminating the impact of ground pressure, Shimen Jie coal, roadway bottom drum treatment, treatment of coal seam faults, dredging coal bunkers.
2. Emergency rescue and rescue: road clearing, treatment of dammed lakes, removal of landslides, flood discharge, and reinforcement of dams. It is also an indispensable tool for mine rescue teams.
3. Subways and tunnels and municipal works: blasting and excavation of tough rocks, directional blasting of urban concrete buildings, excavation of road trenches, etc.
4, cement, steel, electricity and other industries: preheaters, rotary kiln, furnace kiln steel slag and other equipment and facilities clearing. Agglomeration treatment of garbage burning furnace in urban thermal power plants. The tower chassis reinforcement of mountain high-voltage lines.
5. Geological exploration: field drilling sampling, various stone and mineral mining and cutting.
6, high cold area: icebreaking, snow peak blasting, loose operation of various powdery blocks.
7. Underwater engineering: submarine cable and pipeline trench excavation, submarine drilling and blasting, etc.
