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No. 2 of Four Model Cases of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the General Administration of Customs, and the China Coast Guard of Severely Cracking down on Smuggling Crimes by Sea in Places Where No Customs Is Established: People v. Bu A and Others (Assaulting Police Officers)
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最高人民法院、最高人民检察院、公安部、海关总署、中国海警局联合发布4件打击海上非设关地走私犯罪典型案例之二：卜某甲等袭警案
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【法宝引证码】
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- Legal document：
Judgment
- Judgment date：
12-17-2021
- Procedural status：
Trial at First Instance
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| No. 2 of Four Model Cases of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the General Administration of Customs, and the China Coast Guard of Severely Cracking down on Smuggling Crimes by Sea in Places Where No Customs Is Established: People v. Bu A and Others (Assaulting Police Officers) | | 最高人民法院、最高人民检察院、公安部、海关总署、中国海警局联合发布4件打击海上非设关地走私犯罪典型案例之二：卜某甲等袭警案 |
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| 1. Basic Facts | | 一、基本案情 |
| At about 20:00 on April 19, 2021, according to the instructions of the leader of a smuggling gang, Bu A and Bu B drove a speed boat to the waters of Hong Kong, lightered frozen chicken feet, and set sail on the return trip. In the Zhongshan coastal waters in Guangdong Province, they were discovered by the anti-smuggling law enforcement boat, the law enforcement officers turned on the police light, sounded the siren, and ordered them to stop for inspection. Bu A turned around to escape by operating the speed boat. In the process of escape, Bu A and Bu B ignored the warning shots fired by the law enforcement officers and continued to operate the boat at high speeds. They threw the frozen products into the sea to interfere with the chase and even attempted to get rid of the chase by using the dangerous operation method of "drifting," and deliberately hit the law enforcement boat. When they escaped to the coastal waters of the Ma'an Island, the speed boat operated by Bu A suddenly decelerated, fell behind the law enforcement boat, and then accelerated to hit the tail of the law enforcement boat, causing damage to the tail hull of the law enforcement boat and falls of two law enforcement officers into the water. Bu A and others immediately escaped by operating the boat. In addition, it was ascertained that Bu A and Bu B violated the border control laws and regulations and illegally crossed the national border (frontier) many times. | | 2021年4月19日20时许，卜某甲、卜某乙按照走私团伙头目指令，驾驶快艇到香港海域过驳冻鸡爪后返航。至广东省中山水域时，被缉私执法艇发现，执法人员打开警灯、鸣警笛，并喊话责令停船接受检查。卜某甲驾驶快艇调头逃逸。逃逸过程中，卜某甲、卜某乙无视执法人员多次鸣枪警告，继续驾船高速行驶，将冻品丢入海里干扰追击，还以“甩尾”的危险驾驶方式试图摆脱追击，故意撞击执法艇。逃至马鞍岛海域时，卜某甲驾驶快艇突然减速，落至执法艇后方，再加速撞击执法艇尾部，致使执法艇尾部船体损坏，两名执法人员落水，卜某甲等随即驾船逃逸。另查明，卜某甲、卜某乙违反边境管理法规，多次偷越国（边）境。 |
| ．．．．．． | | ．．．．．． |
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