Online transactions sell "upper electronic cigarettes" to minors, and Shaanxi High Court released five typical cases of drug crimes
Author:Shaanxi Provincial Higher Peop Time:2022.06.25
On the occasion of the "June 26" International Anti -Drug Day, on June 24, the Shaanxi Provincial Higher People's Court held a press conference, and five typical cases of drug crimes were released at the meeting.
Case 1 Wu Moujia, Li Moumou and other five defendants sold and transported drugs
The huge number of illegal drugs are severely punished in accordance with the law
Basic case
Since March 2016, in order to obtain illegal interests, the defendant Li Moumou has repeatedly purchased drug methamphetamine from the defendant Wu Moujia and transported to Xi'an. In addition to sucking himself, the drug was sold to the defendant Wu Mouyi. , Huimou and drug users. Wu Mouyi sold the methamphetamine to others for illegal interests. The defendant Yang Moumou provided a bank card for drugs to sell drugs to sell drugs, raising drugs and helping Li Moumou to transport drugs to others. In July 2016, Li Moumou went to Guangdong to contact Wu Moujia to buy more than 420,000 yuan to transport more than 420,000 yuan to Xi'an and sell it to Wu Mouyi and others. Wu Mouyi sold the drugs purchased in Wugong County, Yangling District, and Zhouzhi County, Shaanxi Province. On October 1, 2016, Li Moumou went to Guangdong to contact Wu Moujia again. He purchased 20 kg of drugs from Wu Moujia at a price of more than 500,000 yuan and transported to Xi'an. He was seized on October 6 of the same year. Later, the public security organs seized 730 grams of drugs at Li Moumou's residence.
Court referee
The trial believes that the defendant Wu Moujia sells drug methamphetamine to the defendant Li Moumou. His behavior has constituted the crime of drug trafficking, and he is a drug re -of -crime. The defendant Li Moumou sold and transported drugs for the purpose of selling and selling drugs. His behavior has constituted the crime of selling and transporting drugs. Wu Moujia and Li Moumou sold and transported the number of drugs and transported drugs. The number of drugs seized only was 20 kilograms. Wu Moujia was also a drug re -of -law and a guilty of guilty. Based on this, the defendant Wu Moujia crime of selling drugs, the defendant Li Moumou's crime of selling and transporting drugs, sentenced to death on the two, deprived of political rights for life, and confiscated all personal property; The sentence was sentenced to fifteen years in prison and confiscated property.
Typical meaning
The number of trafficking and transportation of drugs in this case is huge, and only 20 kilograms of drugs seized are more than 20 kilograms. It is the largest number of drugs that have been tried in Xi'an for many years. There are many places, large faces, and great social harm. The trial and judgment of this case effectively deterred the potential drug criminals, and demonstrated the source criminals such as drug trafficking and drug lords, guilty, and re -criminal drugs such as drugs such as drug trafficking. determination.
Case 2 defendant, Azi, a drug trafficking drug case
Zero -port supply audiovisual data electronic data
Basic case
In the second half of 2017, the defendant Azi Moumou purchased drugs of drugs from foreign drug dealers "ah idle" and sold to Sun Moumou and others. In mid -December 2017, Azi Moumou once again contacted "Ah" to buy heroin, and remitted some poisonous capital into the designated bank account designated by "Ah". On the 19th and 20th of the same month, "Ah" sent someone to send the drugs purchased by Azi Moumou in Ruili City, Yunnan Province to send it to Xi'an through logistics and express delivery. At about 15:00 on the 24th of the same month, the logistics decks contacted Azi Moumou to collect the goods. When Azi Moumou arrived at the courier point to collect the goods with drugs, he found that the situation was abnormal, that is, driving to escape, and was arrested by the public security personnel. The public security personnel seized 8440.53 grams of Heroin from the palace of the consignee for the consignee's logistics consignment of Azou, and seized 1755.92 grams of heroin from the consignee as the courier parcel of Azi Moumou, and a total of 10196.45 grams of heroin was seized.
Court referee
The trial believes that the defendant Azi Moumou trafficking drugs of drugs on the purpose of profit and purchasing drug heroin for the purpose of trafficking. His behavior has constituted the crime of drug trafficking. The number of drugs sold by Azi was a large number of drugs. The only seized drugs reached 10196.45 grams, and the car escaped the scene. After returning to the case, he refused to plead guilty. The personal danger and social harm should be extremely severe. Based on this, the defendant Azi Moumou was sentenced to death, deprived of political rights for life, and confiscated all personal property.
Typical meaning
This case is a major drug trafficking case that accurately uses electronic data such as electronic data such as the "zero confession" of the defendant, and sentences the defendant's death penalty. In recent years, domestic and foreign drug criminals colluded with each other to implement large drug crimes, and for the purpose of evasion of crackdown and sheltering gang members, they refused to confirm the facts of the crime after the case, which caused great difficulties to the case investigation. During the trial of this case, the court strictly followed the rules of the evidence to review audiovisual data and electronic data and electronic data through review of mobile phone recovery data, voice call records, remittance surveillance videos, etc., which objectively restored Azi Moumou to contact drugs, negotiate consignment, and sell drugs on the online. The facts of the crime were severely punished by the defendant according to law. At the same time, the case's detection, evidence collection, and trial of the "zero confession" drug cases are guiding significance.
Case three defendants Liu Moumou and Luo Mou's drug trafficking case
New crimes are severely punished in accordance with the law in accordance with the law
Basic case
The defendants Liu Moumou, Luo Mou, and Chen Moumou were natives of southern Sichuan Province and knew each other. On February 14, 2018, Chen Moumou, who lived in Hantai District, Hanzhong City, Shaanxi Province, returned to a hotel in the southern county registered by Liu Moumou in southern counties in southern Sichuan. During the period, Liu Moumou said that he would sell 10 kilograms of drug methamphetamine on March 2 of the same year. Chen Moumou expressed his contact with Xi'an's lower family Pan Mou. Later, Chen Moumou decided to buy the batch of drugs from somewhere. On March 2, 2018, Luo Mou went to Liu Moumou, southern county in the southern county to carry the yellow carton containing drugs to the vehicle trunk of his driving in the rental house in the southern county. Essence At about 20 o'clock on the same day, Chen Moumou carried 420,000 yuan and Jing Moumou drove a vehicle from Hanzhong to a hotel in the southern county, and asked Jingmou to wait in the car. Liu Moumou in the room agreed that Chen Moumou purchased Liu Moumou's 10 kilograms of drugs at a price of 640,000 yuan. He first paid 420,000 yuan in cash and owed 220,000 yuan. After the three people went downstairs at 21:00 that night, Chen Moumou took out a bag with 420,000 yuan in cash and gave it to Liu Moumou. In the trunk of the car, he returned to Hanzhong with Jingmou overnight, and Luo Mou drove his cousin Luo Moumou's car to Nanjiang County, Sichuan Province to visit Chen Moumou. At about 2 am on March 3, when Jingmou drove to the provincial inspection station of Xishenba Town, Nanzheng District, Hanzhong City, Chen Moumou got out of the car and escaped in advance. 10 pockets of drugs were seized, with a total net weight of 9937.90 grams. On the afternoon of the same day, Chen Moumou was captured by a hotel in a hotel in Hantai District, Hanzhong City. Court referee
According to the trial, the defendants Liu Moumou and Luo Mou violated the national drug management regulations and sold 9937.90 grams of drugs in drugs to Chen Moumou, and their behavior constituted the crime of drug trafficking. Liu Moumou and Luo Mou had a huge number of drugs, great social harm, and extremely serious crimes, and should be punished according to law. In the common crime of drug trafficking, Liu Moumou's drug owner actively planned, arranged, and promoted drug transactions, and illegally made 420,000 yuan. Luo was instructed by Liu Moumou to carry drugs and contact drugs to go to the house. The specific drug trading behavior was implemented. Luo Mou is relatively small than Liu Moumou. Liu Moumou was sentenced to probation for illegal trading and selling drug -making items. He had committed new crimes during the probation test period. He should be canceled and punished. Based on this, Liu Moumou's crime of drug trafficking, sentenced to death, depriving political rights for life, and confiscation of all personal property; the defendant Luo Mou's crime of selling drugs, sentenced to death, executed for two years, deprived of political rights for life, for life, for life, for life, for life, for life, for life, for life, for life, for life, for life, for life, for life, for life, life, and life. And confiscate all personal property. Other people involved in the case were handled separately.
Typical meaning
At present, methamphetamine has replaced heroin as the most abused type of drugs in my country. The number of methamphetamine involved in the case involves a huge number of methamphetamine. Liu Moumou committed new crimes during the probation test period, and he should cancel the probation and punishment. The trial and judgment of this case reflect the severe cracking down on drug criminals, especially for criminals with a large number of crimes and criminals who commit new crimes during the probation test period. Judgment.
Cases Four Bai Moumou and other four defendants such as drug trafficking drugs
The number of hidden transactions online payment is large
Basic case
In June 2019, the defendant Bai Moumou registered a WeChat signal in order to facilitate drug trafficking, and the later partner Fang Moumou sold drugs in Yuyang District, Yulin District, Yulin City through online transactions and offline poisoning methods. Each drug transaction is first contacted by Bai Moumou through a WeChat person, and the transaction price and quantity of drugs are agreed by chatting through chat. After the drug users transfer the drugs to Bai Moumou through WeChat, Fang Moumou is responsible for buried drugs and buried in the burial. The location of the drug was taken to take pictures and leave a message, and reposted it to Bai Moumou through WeChat, and then sent Bai Moumou to the location of the drug to the drug addict. The drug users retrieved the drugs themselves. Bai Moumou's drug -selling drugs are generally 300 grams per gram, 500 yuan per two grams. Fang Moumou mainly buried drugs on Qingyun Township, Yuyang District, Dongsha, Dongsha, and Nanjiao in Yuyang District. Bai Moumou generally sells a K heroin for each, and gives Fang Moumou's reward of 40 yuan to 50 yuan.
After Bai Moumou and Fang Moumou sold heroin until around November 25, 2019, Bai Moumou transferred WeChat to the defendant Yang Mou. The benefits of ranging from Yuan to 15,000 yuan, and purchased drugs from Bai Mou, still buried drugs by Fang Moumou. Around March 20, 2020, Yang returned WeChat to Bai Moumou, and Bai Moumou and Fang Moumou continued to sell drugs in drugs until they were arrested until May 24, 2020. After investigation, the defendants Bai Moumou, Fang Moumou, and Yang Mou sold drugs of drugs in Yuyang District, Yugang, Yulin City through online transactions and offline drugs. 5 grams of drugs of drugs in a certain drug.
Court referee
According to the trial, the defendants Bai Moumou, Fang Moumou, Yang Mou, and Xu Moumou sold drugs of drugs to others alone or alone, and their actions have constituted the crime of drug trafficking. Bai Moumou, Fang Moumou, and Yang Mou sold drugs in drugs in the large number of drugs. Among them, Bai Moumou contacted the online to buy a large number of drugs in the sale, which instructed Fang Moumou to collect and sell it after processing. During the execution of the punishment, Yang also sold a large number of drugs of drugs, and there was missed crimes before the previous crime. During the execution of the punishment, Xu Moumou sold drugs of drugs to others, and Yang and Xu Moumou were re -offended by drugs. The four defendants can truthfully confess the facts of the crime during investigation, review and prosecution, and trial, and can be treated from the law according to law. Based on this, the defendant Bai Moumou had a crime of selling drugs, sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property; Severe all personal property was confiscated; the defendant Yang was crime of selling drugs, sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property. 20,000 yuan and penalties, decided to perform life imprisonment, deprive political rights for life, and confiscated all personal property; the defendant Xu Moumou had a crime of selling drugs, sentenced to three years in prison, and fined 2,000 yuan. The crime of transporting drugs was sentenced to fifteen years in prison, and punishment was punished to confiscate RMB 150,000 for personal property and fined. It was decided to implement the sentence for 16 years and six months in prison, and fined 2,000 yuan, and confiscated personal property RMB 150,000. Typical meaning
Drug criminals have adopted offline drugs to trade drugs. Because both parties to the transaction do not meet directly, the means are extremely hidden. In recent years, they have been widely adopted by drug criminals, which has also brought some difficulties to the investigation of drug cases. In this case, the four defendants sold more than 4,000 grams of heroin through this online transaction and offline poisoning. Waiting for factors, severe punishment according to law.
Five defendants such as Li Moumou sold the "Electronic Cigarettes" series of cases
"Electronic cigarettes" synthesize marijuana minors
Basic case
1. On August 9, 2021, the defendant Zhao Mou sold two sets of "electronic cigarettes" through mail at a price of 330 yuan.
2. On August 3, 2021, the defendant Li Moumou sold to Pu Moumou (17 years old) and his boyfriend Yang Moumou for two "e -cigarettes" at a price of 150 yuan. Zhang Moumou (14 years old) three people sucked in their renting housing. During this period, Zhang Moumou purchased 5 "e -cigarettes" from Li Mou at 400 yuan.
3. On July 9, 2021, when the defendant Wang Mou asked Cui Moumou to buy "Electronic Cigarettes", Cui Moumou asked him to drive a motorcycle to another person who purchased "Electronic Cigarettes" and promised to pay for the toll. 30 yuan. The latter two arrived at the agreed location. Cui Moumou gave a "e -cigarette" to Li Moumou, and the three were captured by the public security personnel on the spot.
4. On July 10, 2021, the defendant Zhang and Wang Mou agreed to buy three "electronic cigarettes" at 200 yuan, and then Zhang and WeChat nicknamed "Yu Qiu" agreed to buy 3 "upper electrons on the top of the electronics. cigarette". Later, Zhang Mou reposted the video of the "Electronic Cigarette" to Wang Moumou. Under Wang Moumou's identification, the public security personnel were obtained three "upper electronic cigarettes", and the synthesis of marijuana was detected from them.
5. On August 4, 2021, the defendant Wang Moumou sold 10 ml of marijuana oil to Song Moumou (16 years old) at a price of 300 yuan. A certain cooperation with the public security organs was seized to synthesize the hemps in drugs. On August 6 of the same year, Wang Moumou sold nine to Song Moumou with a prices of 50 yuan each. On the same day, Wang Moumou sold 18 ml to Song Moumou's drugs for 30 yuan per milliliter price. The two sides were arrested by public security personnel when they met the transaction.
After identification, synthetic marijuana is detected from the above -mentioned "electronic cigarettes" and synthetic marijuana oil.
Court referee
After the trial, the defendant Li Moumou and other five people sold drugs, and their actions had constituted drug trafficking; the defendant Li Moumou also accommodated others to take drugs, constituting the crime of tolerance of others. The defendant Li Moumou and Wang Moumou sold drugs to the minors. The defendant Li Moumou had to take drugs to take drugs and should be punished with heavy punishment according to law. Based on this, the defendant Li Moumou crime to sell drugs, tolerate others to take drugs, count the crime and punishment, and decide to be sentenced to two years and four months in prison, and punish the fines; The four people were sentenced to three to one year in prison and fined.
Typical meaning
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