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No. 2 of Five Model Cases of Lawfully Punishing the Crime of Endangering Public Security Published by the Supreme People's Court: People v. Wang [REDACTED]gang—Stealing oil and gas by destroying oil and gas equipment in use and causing a fire constitutes the crime of destroying flammable and explosive equipment (case of destroying flammable and explosive equipment)
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最高人民法院发布5个依法惩治危害公共安全犯罪典型案例之二：王某岗破坏易燃易爆设备案——破坏正在使用的油气设备盗窃油气导致发生火灾构成破坏易燃易爆设备罪
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【法宝引证码】
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- Judgment date：
06-03-2021
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| ?No. 2 of Five Model Cases of Lawfully Punishing the Crime of Endangering Public Security Published by the Supreme People's Court: People v. Wang [REDACTED]gang (case of destroying flammable and explosive equipment)—Stealing oil and gas by destroying oil and gas equipment in use and causing a fire constitutes the crime of destroying flammable and explosive equipment | | 最高人民法院发布5个依法惩治危害公共安全犯罪典型案例之二：王某岗破坏易燃易爆设备案——破坏正在使用的油气设备盗窃油气导致发生火灾构成破坏易燃易爆设备罪 |
| 1. Basic Facts | | （一）基本案情 |
| At about 3:00 a.m. on August 30, 2012, Defendant Wang [REDACTED]gang, in collusion with Zhao [REDACTED]tian, Zhao [REDACTED]long, Mao [REDACTED]bing (all sentenced), and Liu [REDACTED]chun (who died in this case), carried pipe pliers, hoses and other tools and drove two vans to Port 511K Well, which was in operation in the first section of Dagang Oilfield Oil Production Plant 1 on the east side of Jinqi Highway, Binhai New Area, Tianjin. They opened the oil well valve and connected the hose to steal crude oil. In the process of stealing oil, because of the excessive concentration of flammable gas released by the oil well, Liu [REDACTED]chun caused a fire when starting a van, thereby causing the oil well control cabinet, cables, instruments, and the two vans to be burned up. Liu [REDACTED]chun was burned all over his body and died after all medical treatment failed. After appraisal, the total value of the burned cables and other items was 6,120 yuan. On March 11, 2021, Wang [REDACTED]gang was captured. | | 2012年8月30日凌晨3时许，被告人王某岗伙同赵某田、赵某龙、毛某兵（均已判刑）和刘某春（已在本案中死亡），携带管钳、胶管等工具，驾驶两辆面包车至天津市滨海新区津歧公路东侧大港油田采油一厂作业一区正在作业的港511K井，打开油井阀门接上胶管盗窃原油。其间，因油井释放的可燃气体浓度过大，刘某春启动面包车时引发火灾，造成油井开关控制柜、电缆、仪表和两辆盗油面包车被烧毁，刘某春全身被烧伤，后经医治无效死亡。经鉴定，被烧毁的电缆等物品共计价值6120元。王某岗于2021年3月11日被抓获。 |
| 2. Judgment | | （二）裁判结果 |
| After trial, the People's Court of Binhai New Area of Tianjin Municipality held that: Defendant Wang [REDACTED]gang colluded with others to steal, by destructive means, crude oil from oil wells in operation, causing one death and serious consequences. His conduct constituted the crime of destroying flammable and explosive equipment. Wang [REDACTED]gang, who premeditated the theft of crude oil in collusion with several other accomplices and jointly committed the theft of crude oil, was charged as the principal offender. After being captured, Wang [REDACTED]gang truthfully confessed his crime, which constituted a confession, and therefore a lighter penalty may be imposed according to the law; since he voluntarily admitted guilt and accepted punishment, he may be subject to lenient disposition in accordance with the law. On June 3, 2021, Defendant Wang [REDACTED]gang was sentenced to fixed-term imprisonment of ten years for the crime of destroying flammable and explosive equipment. As neither party filed an appeal after the sentence was pronounced, the judgment came into effect. | | 天津市滨海新区人民法院审理认为，被告人王某岗伙同他人采用破坏性手段盗窃正在生产的油井中的原油，致1人死亡，造成严重后果，行为已构成破坏易燃易爆设备罪。王某岗与多名同案犯事先就盗窃原油进行预谋，并共同实施盗窃原油行为，系主犯。王某岗归案后如实供述自己罪行，构成坦白，依法可以从轻处罚；自愿认罪认罚，可以依法从宽处理。据此， 于2021年6月3日作出判决，以破坏易燃易爆设备罪判处被告人王某岗有期徒刑十年。一审宣判后无抗诉、上诉，判决已发生法律效力。 |
| ．．．．．． | | ．．．．．． |
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