Criminal Trial Reference (Issue No. 47)

Author: Supreme People's Court
Publisher:
Publish Date: 2006-09-01
Features: Kong Deming - Illegally Carrying Dangerous Articles Endangering Public Safety - How to Distinguish Between the Crime of Illegally Transporting or Storing Explosives and the Crime of Illegally Carrying Dangerous Articles Endangering Public Safety
I. Basic Case Facts
The defendant, Kong Deming, male, was born on May 30, 1957, in Taoyuan County, Hunan Province. He is of Han nationality and has a primary school education. He is a crew member of the Mutangwan Water Transport Company in Taoyuan County. On March 7, 2002, he was detained for this case, and on April 14, he was arrested. The Yueyang City Yueyanglou District People's Procuratorate prosecuted the defendant Kong Deming for the crime of illegally storing explosives before the Yueyang City Yueyanglou District People's Court. The defendant Kong Deming admitted to the facts of the case; his defense counsel proposed the following defense arguments: (1) The explosives privately stored by the defendant Kong Deming were unused explosives from others' production process and did not cause any social consequences; (2) The defendant Kong Deming has a good record and is an occasional offender, and it is recommended that he be exempted from or given a lighter sentence.
The Yueyang City Yueyanglou District People's Court, after a public trial, found that in February 2002, the defendant Kong Deming, while driving a boat, assisted others in underwater engineering blasting in Hengnan County, Hunan Province. After the project was completed, the defendant Kong Deming privately stored the remaining 20 sticks of explosives from the construction work on his own boat. On the afternoon of March 5, 2002, the defendant Kong Deming drove the boat where the explosives were stored