Pretend to be a government department to perform social management duties
Jining Intermediate People's Court sentenced Yang Yanjun and other 29 people to the second trial
□ Our reporter Liang Pingni
□ News correspondent Qu Qingdong
Recently, the Intermediate People's Court of Jining City, Shandong Province has publicly pronounced the second-instance judgment in a second-instance case involving 29 people, including Yang Yanjun, according to law, and ruled to dismiss the appeal and uphold the original judgment. In this case, Feng Aibing, President of Jining Intermediate People's Court, served as the presiding judge, and Song Xiaolei, Procurator General of the People's Procuratorate of Jining City, appeared in court to perform his duties.
Upon examination, it was ascertained that Zoucheng Anqing Fireworks and Firecrackers Co., Ltd. (hereinafter referred to as Anqing Company) was affiliated to the Zoucheng Supply and Marketing Cooperative Union and was registered in December 2003. In March 2006, after several shareholder changes, Anqing Company was transformed into a private enterprise held by a private enterprise legal person and a corporate legal person. The defendant Yang Yanjun was the company’s manager, executive director and legal representative, and was fully responsible for the work of Anqing Company. .
In order to make better use of the qualification of Anqing Company’s franchise fireworks and firecrackers, and to capture greater economic benefits, by recruiting team members and purchasing equipment, it reorganized and expanded the “inspection brigade” to strengthen the company’s strength and successively absorbed the defendants Zhang Liang, 25 people including Cun Sheng and Pan Guangming became inspectors. Since January 2008, organized criminal activities such as violent inspections of fireworks and firecrackers' business activities within the jurisdiction of Zoucheng City have resulted in a stable organizational structure, a large number of people and a basic backbone of fixed members, distinct levels and responsibilities, and certain economic strength 3. Form a triad organization with significant influence.
The underworld organization has committed 35 crimes of provocation and nuisance, 5 crimes of illegal search, 1 crime of obstruction of official duties, 4 crimes of forging or altering official documents, certificates, and seals of state organs, and 2 crimes of forging seals of companies, institutions, and people's organizations. Since then, there have been 1 crime of concealing accounting vouchers and accounting books, and 48 violations have been committed, causing one person to slightly injure the second level and 7 people to slightly injure, causing traffic accidents in many vehicles, forcibly and deliberately destroying the value of the property about 100 Ten thousand yuan, severe interference disrupted the local people's production and living order and a stable and peaceful social environment.
In order to obtain huge profits, Yang Yanjun arbitrarily raises the price of commodities, which seriously damages the interests of the people; by encouraging the company’s employees to petition, interfering with the government’s decision-making, resisting other fireworks and firecrackers enterprises to enter the Zoucheng market, and maintaining Anqing’s absolute management of the fireworks and firecrackers market in Zoucheng The dominant position has seriously disrupted the order of entry, operation and competition of the fireworks and firecrackers market.
At the same time, violent threats such as violent assaults, demonstrations in stations and yards hindered the normal law enforcement of the national staff, prolonged insults to the police officers who investigated and dealt with violations of Anqing’s vehicles in accordance with the law, and disrupted the normal office order of law enforcement agencies; by forging government documents and seals, fraud Obtain an administrative law enforcement certificate and equip members of the organization with fake police uniforms, fake police cars and police equipment to carry out illegal and criminal activities.
It is understood that Yang Yanjun deceived the masses as the "Director of the Fireworks Office", "Head of the City Fireworks and Firecrackers" and "Liaison Office of the Fireworks Office", put on a legal coat for the "inspection brigade" organized and led by them, and impersonated government functional departments to perform social management duties. In the rural areas, bullying and cruelty to the masses, illegal control of fireworks and firecrackers sales and consumer markets in Zoucheng City, severely undermining economic and social order and causing extremely bad social impact.
On December 27, 2019, the Zoucheng People's Court sentenced the case to first instance, and punished several crimes such as organizing and leading a triad organization, and sentenced the defendant Yang Yanjun to 20 years in prison, deprivation of political rights for 4 years, and confiscation of individuals. All property; Defendants Pan Guangming, Lai Cunsheng, Zhang Liang and others were punished for several crimes such as the crime of participating in a triad organization, and were sentenced to 13 years and 6 months to 1 year and 5 months respectively fine. All property of triad organizations headed by Yang Yanjun, as well as the property, fruits and profits accumulated by the members of the organization through illegal criminal activities or other improper means, as well as criminal tools and articles, shall be recovered and confiscated according to law.
After the verdict was pronounced in the first instance, 18 people including the defendant Yang Yanjun appealed. In the second instance, Jining Intermediate People's Court formed a collegiate panel to conduct the trial. Through the review, interrogation of the defendant and the opinion of the defender, the original trial decision was clear that the facts were clear, the evidence was true and sufficient, the conviction was accurate, the sentence was appropriate, the trial procedure was legal, and the appeal was rejected according to the law. To maintain the original sentence.