In order to stimulate, the man has given his girlfriend "medicine" many times!What sin should be?

In order to stimulate the post -90s, the men bought "drugs" many times, and several times when their girlfriend did not know, her girlfriend had dizziness, nausea, vomiting, and even coma for two days ... June 24th, on June 24, The Supreme People's Procuratorate released the thirty -seventh batch of guiding cases, including the "Guo Moumou deceived others' drug use cases."

Men want to stimulate

Actually "medicine" to his girlfriend and others

Guo Moumou, deputy manager of the engineering and technical department of a company, had the idea of ​​"medicine" to his girlfriend Zhang Moujia in order to seek stimuli. Since then, Guo Moumou has repeatedly purchased triazolun and γ-hydroxyl acid after understanding the drug attributes through the Internet. From 2015 to 2020, Guo Moumou repeatedly put the "drugs" he purchased in Zhang Moujia's drinking drinks while Zhang Moujia didn't know it, causing dizziness, nausea, vomiting, and lethargic symptoms. Among them, in January 2017, Guo Moumou secretly put the triazolun tablets into Zhang Moujia for drinking, causing his coma for two days.

On October 5, 2020, Guo Moumou invited Zhang Mouyi and his colleague Wang Moumou (both women) to eat in a hot pot restaurant. Guo Moumou poured a potion containing γ-hydroxyl acid components into the two beer glass while the two left their seats. Later, Zhang Mi drank the beer, and Wang Moumou noticed that the taste did not spit out the beer. Soon, Zhang Mouyi had symptoms such as dizziness, vomiting, and coma, and was sent to the hospital for treatment. Zhang Mouyi's colleagues suspected Guo Moumou to apply medicine and reported the case to the public security organs.

Prosecutor's participation in case guidance and evidence collection

And supplement the investigation locking evidence chain

Because the case involves a new type of drug crime, the Procuratorate of Putuo District, Zhoushan City, Zhejiang Province, should participate in the case of the case in response to the public security organs. According to the facts and evidence of Guo Moumou's "medicine", guiding the public security organs from the perspective of deceiving others to drug use. Evidence collection, focusing on the electronic data and documentary evidence involved in the case. At the same time, the procuratorial organs found that Guo Moumou was a state -owned enterprise staff and put forward evidence to the public security organs to collect and fixed its job responsibilities. On January 7, 2021, the public security organs were investigated with Guo Moumou's suspected deception of drug use.

On March 2, 2021, the Putuo District Branch of the Zhoushan Public Security Bureau was transferred to the crime of suspected deceiving others for drug use. During the censorship, Guo Moumou argued that Zhang Moujia did not use triazolun tablets, and the "drug" used by Zhang Mouyi and Wang Moumou was a "wine fight" purchased at strangers in other bar bars. Medicinal ingredients may be high alcohol. The Procuratorate of the Putuo District of Zhoushan City replenished the investigation by verifying the source of drugs. From Guo Moumou's online records of massive electronic data, he found that the names, efficacy, use methods, payment methods, receiving address, etc. Eventually, the source of γ-hydroxyl acid used in hot pot restaurants was found, and objective evidence chains were formed.

The Procuratorate of Putuo District, Zhoushan City, believes that Guo Moumou knows that the psychiatric drug controlled by the nation-controlled psychiatric is still mixed with the above ingredients in the alcoholic beverages to deceive many people to take. The behavior constitutes a deception. Others have drugs. As a staff member of the state -owned enterprise, Guo Moumou deceives multiple people to take drugs. According to the relevant judicial interpretation, it should be identified as the situation of "serious circumstances" in Article 353, paragraph 1 of the Criminal Law.

On April 28, 2021, the Procuratorate of the Putuo District of Zhoushan City filed a public prosecution in accordance with the law of drugs to deceive others for drug abuse. Essence

The procuratorial organs accused their behavior

Establishing crimes and "serious circumstances"

Settlement suggestions are adopted

On June 3 and August 23, 2021, the Putuo District Court of Zhoushan City did not open the trial in accordance with the law. During the trial, Guo Moumou did not provide the facts of the crime, saying that the ingredients of the drugs were unknown, and the drug was not a drug. Guo Moumou's defender believes that Guo's behavior does not constitute a crime. Reasons: First, the existing evidence cannot confirm the triazolon tablets of the medicine system under Zhang Moujia; the other is that Guo Moumou lacks awareness of the drugs under the drug; The behavior of the behavior constitutes self -surrender; the fourth is that Guo Moumou is not a state staff and has not been addicted to the victims in this case. There is no serious consequences. It is significant to the circumstances and is not treated as criminal treatment.

The prosecutor's defense pointed out that Guo Moumou's behavior constituted the crime of deceiving others for drug use and should be identified as "serious circumstances."

First, the "drug" involved in the case is the national control psychotropic drugs of psychotherapy and γ-hydroxyl acid. Guo Moumou's online transaction records, browsing historical records, and chat records such as chat records are enough to prove the facts, efficacy, and purchase methods of psychotropic drugs used, especially the order and time interval of the purchase records and the time interval of the crime time Correspondingly, combined with the statement of the victim Zhang Moujia, Zhang Mouyi, and Wang Moumou, the symptoms and appraisal opinions on medical treatment are enough to determine that the "medicine" involved in the case is a psychotropic drugs cured by the country.

某 The second is that Guo Moumou has awareness of the nature of "drugs" and the drug characteristics of the drug. From the chat records of Guo Moumou with the network sellers, browsing the relevant drug information of Guo Moumou, and the transaction such as the online mailing and pseudonym receipt of the goods, it is enough to presume that the nature of such drugs belongs to drugs.

得 Third, although Guo Moumou learned that although he took the initiative to invest in the case, he refused to confirm the main criminal facts after the case and did not constitute himself.

人 Fourth is to deceive others for drug abuse does not require specific motivation or purpose, nor does it require the results of real harm. Guo Moumou's "for seeking sensory stimuli" was prescribed, and the victims were not infected with drug addiction.Reasons for the crime of drug use.据 Five is the evidence of the case that Guo Moumou is a state -owned company manager, and deceives multiple people to take drugs, which is in line with the "explanation of the Supreme People's Court on the Issues of the Application of Drug Crime Cases" stipulated in the "serious circumstances" stipulated.

On August 26, 2021, the Putuo District Court of Zhoushan City made a first trial judgment to adopt the allegations and sentencing suggestions of the Procuratorate of the Putuo District of Zhoushan City to deceive others for drug use.Yuan.Guo Moumou refused to accept the judgment of the first instance and appealed.On November 16 of the same year, the Zhoushan Intermediate Court issued a second trial ruling to dismiss the appeal and maintain the original sentence.

Source: Procuratorate Justice Network

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