The security guard was sentenced to seven days for shooting and killing the pet dog with poison gas, and the old lady in Tianjin was sentenced to three years for setting up a stall and playing balloon

The security guard was sentenced to seven days for shooting and killing the pet dog with poison gas, and the old lady in Tianjin was sentenced to three years for setting up a stall and playing balloons? Recently, people continue to pay attention to the case of an old lady who set up a stall to shoot an air gun in Tianjin, because the sentencing of the old man in this case is too absurd and even ridiculous. Just as the Tianjin old lady incident was still fermenting, the incident that the security guard shot and killed the pet dog with poison gas and was sentenced to seven days reappeared.

The situation at that time was that the community security guard shot and killed a small pet dog with poison gas, and the little owner of the puppy cried her eyes out. The security guns involved in the case were confiscated and administrative detention for 7 days. There is indeed some confusion about such sentencing. Are people who directly use guns to cause injuries less harmful than those who only use air guns to do small business? This is really puzzling.

For China's criminal law, there are some specific provisions, such as the provisions of the criminal law on sentencing.

Article 128 of the Criminal Law The crime of illegal possession and possession of guns and ammunition, the crime of illegal rental and lending of guns, and the crime of illegal possession and possession of guns and ammunition shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

(1) Persons who are legally equipped with guns for official use illegally rent or lend guns shall be punished in accordance with the provisions of the preceding paragraph.

Personnel who are legally equipped with guns illegally rent or lend guns, thus causing serious consequences, shall be punished in accordance with the provisions of the first paragraph.

(3) Where a unit commits the crimes mentioned in the second and third paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the first paragraph.

? According to the above terms, it is obvious that the old lady in Tianjin was sentenced to three years for setting up a stall to play balloons. It is reasonable for many people to question this sentencing issue. However, if the old lady in Tianjin is sentenced to three years' imprisonment for setting up a stall to play balloons, then the security guard will be detained for seven days, which will be a big problem. Please see the following criminal law:

Article 125 of the Criminal Law is the crime of illegally manufacturing, trading, transporting, mailing and storing guns, ammunition and explosives, and the crime of illegally manufacturing, trading, transporting and storing dangerous substances. Whoever illegally manufactures, buys, sells, transports, mails or stores guns, ammunition and explosives shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

(1) Whoever illegally manufactures, buys, sells, transports or stores toxic, radioactive, infectious disease pathogens and other substances and endangers public safety shall be punished in accordance with the provisions of the preceding paragraph.

If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.

According to the above provisions, we can see that the use of guns to endanger public safety should be sentenced to fixed-term imprisonment of 10 years or more according to law. We can refer to the first one, so it is really confusing to sentence twice. It is hoped that the relevant departments will seriously investigate and come up with practical legal basis to protect the basic rights and interests of citizens.