1、 Tang Xiaoping's Smuggling, Trafficking, and Transportation of Drugs Case

Transnational drug crimes, with a particularly large number and being recidivists, are extremely serious

Basic Case

The defendant Tang Xiaoping, male, Han nationality, was born on August 16, 1969 and is a farmer. On June 18, 1992, he was sentenced to three years in prison for committing theft; On November 26, 2004, he was sentenced to eleven months in prison for committing intentional harm; On November 22, 2010, he was sentenced to two years in prison for committing robbery, and was released after serving his sentence on April 1, 2012.

In mid November 2012, the defendant Tang Xiaoping went to Bangkang City, Union of Myanmar to purchase 2 million methamphetamine tablets (commonly known as "Magu") from Niger (which has been sentenced by the Myanmar judicial authorities). Niego contacted Peng Yong (handled separately and sentenced) to smuggle the batch of drugs into the country. Later, Peng Yong and Tang Jiazhuang (handled separately and sentenced) hid the 750000 methamphetamine tablets they purchased from Niego together with the drugs purchased by Tang Xiaoping in the mezzanine of a modified heavy truck carriage for transportation. On December 2 of the same year, public security personnel stopped the above-mentioned truck on a highway in Menglian Dai, Lahu, and Wa Autonomous County (hereinafter referred to as Menglian County), Yunnan Province. They seized a total of 256.74 kilograms of methamphetamine tablets from the interlayer of the carriage and arrested Tangjiazhuang.

In December 2012, the defendant Tang Xiaoping, along with Liu Jinxin and Wang Tiecheng (both defendants in the same case and sentenced), discussed jointly selling drugs and agreed that Tang Xiaoping would contact Nigel to purchase drugs. Liu Jinxin and Wang Tiecheng would contribute and contact transportation vehicles. Later, Liu Jinxin transferred 1.5 million yuan to Tang Xiaoping's account to pay for cross-border transportation costs. Under Liu Jinxin's arrangement, Wang Tiecheng sent a large amount of cash to a hotel in Menglian County and handed it over to Tang Xiaoping's relative, Lei. Under the contact of Tang Xiaoping, Niego instructed others to transport drugs from Bangkang City, Myanmar to Menglian County. Liu Jinxin arranged for others to collect the drugs and hide them in a waste collection station. On January 15, 2013, public security personnel seized 4.4816 million yuan in cash from the hotel room where Lei was staying, and the following day, a total of 96.45 kilograms of methamphetamine tablets were seized at the above-mentioned waste acquisition station and a simple room.

【 Judgment result 】

This case was first instance by the Intermediate People's Court of Pu'er City, Yunnan Province, and second instance by the Higher People's Court of Yunnan Province. The Supreme People's Court conducted a death penalty review of this case.

The court believes that the defendant Tang Xiaoping colluded with others to smuggle, sell, and transport methamphetamine tablets, which constitutes the crime of smuggling, selling, and transporting drugs. In the joint crime, Tang Xiaoping, who went abroad to contact and purchase drugs, and organized and commanded others to pay drug funds and take drugs, is the most serious principal offender and should be punished according to all the crimes he participated in, organized and commanded. Tang Xiaoping smuggled, sold, and transported a particularly large amount of drugs, posing great social harm and committing extremely serious crimes. He has been sentenced multiple times for crimes and committed another crime within five years after the completion of the sentence. He is a recidivist with a deep subjective malignancy and high personal danger, and should be punished severely in accordance with the law. Based on this, the defendant Tang Xiaoping was sentenced and approved to death in accordance with the law, deprived of political rights for life, and concurrently confiscated of all personal property.

The criminal Tang Xiaoping was executed in accordance with the law on June 17, 2016.

Typical significance

Smuggling drugs belongs to the source of drug crimes. After foreign drugs are smuggled into China, they are resold and transported by criminals layer by layer, spreading to mainland cities and consumption links, causing serious social harm. The "Golden Triangle" region in northern Myanmar is the main source of methamphetamine tablets in the domestic consumer market. This case is a typical transnational drug crime of smuggling methamphetamine tablets into Myanmar from the northern region. There are numerous participants and criminal links involved in this case, with a particularly large number of drugs and drug funds involved. The defendant Tang Xiaoping smuggled drugs into China twice for the purpose of trafficking. He directly contacted overseas personnel to purchase drugs and used or gathered others to transport drugs. His criminal responsibility was most prominent in the joint crime, and he had multiple criminal records such as theft, intentional injury, and robbery. The people's court 

sentenced Tang Xiaoping to death based on the number, plot, harmful consequences, and position and role in joint crimes of drug crimes, as well as considering his subjective malignancy and personal danger, reflecting the consistent stance of strictly punishing drug smuggling crimes in accordance with the law.

2、 Honghaiyan Drug Manufacturing Case

Manufacturing a huge amount of drugs and illegally possessing firearms and ammunition, the crime is extremely serious

Basic Case

The defendant, Hong Haiyan, male, Han nationality, was born on October 16, 1972 as a farmer.

From July 2012 to May 2013, the defendant Hong Haiyan collaborated with others to manufacture methamphetamine (methamphetamine) in his old house located in Xishanyi Village, Jiaxi Town, Lufeng City, Guangdong Province, and hid some of the produced drugs in his residence and the "Weifa Shopping Mall" he operated in the village. On May 23, 2013, when public security personnel arrested Hong Haiyan, a total of 8605 grams of methamphetamine, 45.51 kilograms of liquid containing methamphetamine, and a batch of chemicals and drug manufacturing tools were seized from his old house, residence, and "Weifa Shopping Mall" on the spot. At the same time, three pistols, one hunting gun, 46 standard pistol bullets, and 84 other bullets were seized from the residential area along Honghai and the "Weifa Shopping Mall".

【 Judgment result 】

This case was first instance by the Intermediate People's Court of Shanwei City, Guangdong Province, and second instance by the Higher People's Court of Guangdong Province. The Supreme People's Court conducted a death penalty review of this case.

The court believes that the defendant, Hong Haiyan, conspired with others to manufacture methamphetamine, which constitutes the crime of manufacturing drugs; Hong Haiyan violated gun control regulations by illegally holding firearms and ammunition, which in turn constitutes the crime of illegally holding firearms and ammunition. The amount of drugs manufactured along the Honghai River is huge, causing great social harm, and the crimes are extremely serious, which should be punished in accordance with the law. Several crimes committed along the Honghai River should be punished in accordance with the law. Based on this, the defendant Hong Haiyan was sentenced and approved to death in accordance with the law, deprived of political rights for life, and concurrently confiscated of all personal property.

The criminal Hong Haiyan was executed in accordance with the law on November 24, 2015.

Typical significance

In recent years, with the continuous increase in the number of people abusing synthetic drugs, represented by methamphetamine, in China, the crime of manufacturing synthetic drugs has intensified, and the crime of manufacturing methamphetamine has become prominent. This case is a typical case of methamphetamine manufacturing crime. The defendant Hong Haiyan, together with others, manufactured methamphetamine in his old house, with a quantity of over 8000 grams. He also illegally held firearms and ammunition, and the circumstances were serious, posing serious social hazards. The people's court sentenced him to death in accordance with the facts and circumstances of his crime, reflecting the severe punishment for the crime of producing synthetic drugs and other source drugs, and fully exerting the deterrent effect of the punishment.

3、 Shu Yukun's Drug Trafficking Case

During the probationary period of parole, a large amount of drug trafficking was committed again, and the crime was extremely serious

Basic Case

The defendant Shu Yukun, male, Han nationality, was born on May 14, 1973 and is a farmer. On April 17, 2000, he was sentenced to life imprisonment for the crime of drug trafficking, deprived of political rights for life, and sentenced to confiscation of property. He was paroled on October 12, 2011, with a probationary period until September 4, 2014.

On February 22, 2014, the defendant Shu Yukun sold drugs to Yang Ping and Luo Taihui (both co defendants and sentenced) who came from Guiyang City, Guizhou Province to purchase heroin from him in a rented house in Randian Town, Xundian Hui and Yi Autonomous County, Yunnan Province. Among them, Yang Ping contributed to the purchase of 600 grams of heroin, Luo Taihui contributed to the purchase of 400 grams of heroin, and Shu Yukun also entrusted the two people to transport 200 grams of heroin back to Guiyang City for sale. On February 23rd, Yang Ping and Luo Taihui returned to Guiyang City with heroin. At around 19:30 on the same day, they were arrested at the Jinguan toll station in Yunyan District, Guiyang City. Public security personnel seized 1194 grams of heroin from Luo Taihui's bag on the spot. On February 28th, public security personnel arrested Shu Yukun in Fengjia Village, Rangdian Industrial Park, Kunming City, Yunnan Province, and seized 1050.4 grams of heroin from his home on the spot.

【 Judgment result 】

This case was first instance by the Intermediate People's Court of Guiyang City, Guizhou Province, and second instance by the Higher People's Court of Guizhou Province. The Supreme People's Court conducted a death penalty review of this case.

The court believes that the defendant Shu Yukun's act of selling heroin constitutes a crime of drug trafficking. Shu Yukun's drug trafficking volume is large, causing great harm to society, and his crimes are extremely serious, which should be punished in accordance with the law. Shu Yukun was sentenced to life imprisonment for the crime of drug trafficking, and also committed the crime of drug trafficking during the probation period of parole. He is a repeat drug offender and should be given a heavier punishment in accordance with the law. His parole should be revoked, and he should be punished together with the punishment for the previous crime that was not fully executed. Based on this, the defendant Shu Yukun was sentenced to death and approved in accordance with the law, deprived of political rights for life, and concurrently confiscated of all personal property.

The criminal Shu Yukun was executed in accordance with the law on June 21, 2016.

Typical significance

At present, the proportion of recidivists and recidivists in drug crimes is relatively high, and some drug criminals commit drug crimes during their parole or temporary execution outside prison, reflecting a deeper subjective malignancy and personal danger. They have always been the key targets of punishment for drug crimes. This case is a typical case of a drug criminal who sold a large amount of drugs during the probation period of parole and was sentenced to death in accordance with the law. The defendant Shu Yukun is a drug dealer who has access to the source of the drug and holds a large amount for sale, playing a greater role in facilitating drug transactions. At the same time as capturing Shu Yukun, more than 1000 grams of heroin were seized from his residence for sale, which should be legally recognized as the drugs he was selling. Shu Yukun committed a new crime during the probationary period of parole, both of which were drug trafficking crimes. The previous crime was sentenced to a heavy sentence, reflecting his lack of repentance, deep subjective malice, and high personal danger. The People's Court sentenced and approved the death penalty for Shu Yukun, reflecting the strict punishment of extremely serious drug criminals in accordance with the law.

4、 Chen Wanshou's intentional homicide case

The crime of killing innocent young children after drug addiction and hallucination is extremely serious

Basic Case

The defendant Chen Wanshou, male, Han nationality, was born on October 17, 1979 and is a farmer.

The defendant, Chen Wanshou, has been using drugs for many years and has been forcibly quarantined for drug rehabilitation for two years before resuming drug use. At around 12:00 on September 20, 2013, Chen Wanshou developed hallucinations while taking drugs at his home in Lingtou Village, Taiping Town, Mazhang District, Zhanjiang City, Guangdong Province. He broke into his neighbor Chen Moujia's house with a kitchen knife and took Chen Mouyi, the son of Chen Moujia (the victim, who died at the age of 3), threatening the people who were trying to dissuade him. After receiving the alarm, the public security personnel rushed to the scene, and Chen Wanshou kidnapped Chen Mouyi into the hospital. Despite everyone's persuasion, he wielded a kitchen knife and cut Chen Mouyi's neck, causing him to die on the spot.

【 Judgment result 】

This case was first instance by the Intermediate People's Court of Zhanjiang City, Guangdong Province, and second instance by the Higher People's Court of Guangdong Province. The Supreme People's Court conducted a death penalty review of this case.

The court believes that the defendant Chen Wanshou intentionally and illegally deprived others of their lives, and his behavior constitutes intentional homicide. After Chen Wanshou developed hallucinations while taking drugs, he committed murder against a 3-year-old child. The crime was cruel and the circumstances were heinous. The crime was extremely serious and should be punished in accordance with the law. Based on this, the defendant Chen Wanshou was sentenced to death and approved in accordance with the law, deprived of political rights for life.

Criminal Chen Wanshou was executed in accordance with the law on January 22, 2016.

Typical significance

Drugs have central nervous system excitatory, inhibitory, or hallucinogenic effects, which can cause drug users to experience symptoms such as excitement, mania, depression, and even delusions, visual and auditory hallucinations, leading to self harm, self harm, or violent crimes. In recent years, violent crimes such as intentional homicide and intentional injury induced by drug use have occurred frequently, seriously endangering social security, and some cases have caused adverse social impacts. This case is a typical case of intentional homicide caused by drug use. The defendant Chen Wanshou and the victim are neighbors, and the two families have a good relationship on weekdays. Chen Wanshou has been taking drugs for a long time and has been forced to undergo isolation and rehabilitation. He has also relapsed, and has previously experienced hallucinogenic drug use. Chen Wanshou smoked drugs about an hour before committing the crime, and then developed hallucinations. He broke into a neighbor's house with a kitchen knife and kidnapped the 3-year-old victim Chen Mouyi. Despite the persuasion of public security personnel and the public, he brutally killed Chen Mouyi. This case fully reflects the serious harm that drugs pose to drug users themselves, their families, and even society. The general public, especially teenagers, should effectively improve their awareness and ability to recognize, prevent, and reject drugs, cherish their lives, and stay away from drugs.

5、 Sun Jing's Drug Trafficking Case

Selling drugs through the internet and using minors to commit crimes shall be severely punished in accordance with the law

Basic Case

The defendant Sun Jing, female, Han nationality, was born on June 9, 1993, unemployed.

The defendant Sun Jing is a drug user. From September 2013 to March 2014, after Sun Jing purchased methamphetamine, she contacted drug buyers using Baidu Tieba's "Three Moms Are Powerful" and QQ groups such as "When a fork in the road has become a thing of the past" and "A mouthful of thick smoke spits out a beautiful tomorrow" as carriers. After agreeing on transaction details online, she hid the drug in a toy rabbit and sent it to the buyer via express delivery. Sun Jing repeatedly purchased more than 1000 grams of methamphetamine from Du Zhongwei (who was dealt with separately and sentenced) he met online, and 110 grams of methamphetamine from Huang Hui and Zhou Liyao (who were both dealt with separately and sentenced). He sold the purchased drugs online to drug users in more than 20 provinces such as Beijing, Liaoning, Shandong, and Jiangsu, and sent a total of over 200 packages via express delivery, receiving over 550000 yuan in stolen drugs.

In mid to late February 2014, the defendant Sun Jing, knowing that Liu was a minor, still instructed Liu to send a courier containing methamphetamine to him and instructed Liu Xie to assist him in managing the QQ group's "fork in the road has become a thing of the past". On March 6th of the same year, Sun Jing was arrested while going to Chenzhou City, Hunan Province to purchase drugs from Huang Hui and Zhou Liyao. Public security personnel seized 34600 yuan of his drug purchase money on the spot.

【 Judgment result 】

This case is being tried by the Intermediate People's Court of Changsha City, Hunan Province.

The court believes that the defendant Sun Jinghu's behavior of selling methamphetamine with others constitutes the crime of drug trafficking. Sun Jing sold a large number of drugs and sold them multiple times to multiple people. The criminal circumstances were severe and the social harm was significant, and he should be punished in accordance with the law. Sun Jing invested in the purchase of drugs, actively contacted the buyer, directly delivered the drugs, and instructed others to participate in drug trafficking. They played a major role in the joint crime and were the main offenders, and should be punished according to all the crimes they participated in. Sun Jingli should be given a heavier punishment in accordance with the law for using minors to sell drugs. Based on this, the defendant Sun Jing was sentenced to life imprisonment, deprived of political rights for life, and concurrently confiscated of all personal property in accordance with the law.

After the judgment was pronounced, there was no appeal or protest within the statutory period, and the above judgment took legal effect on July 26, 2015.

Typical significance

With the popularization of information networks, drug related crimes on the internet are rapidly spreading, mainly manifested in the use of the internet to sell drugs, buy and sell drug products, spread drug production technology, and organize others to take drugs. This case is a typical case of using the internet to sell drugs. The defendant Sun Jing created Baidu Tieba and QQ groups to contact drug buyers, with a large number of drug related online groups; In just a few months, it sent over 200 drug related express deliveries, targeting drug users from over 20 provinces, reflecting the widespread impact of online drug crimes, no geographical restrictions, and significant social harm. At the same time, although Sun Jing engaged in drug abuse, he purchased a large amount of drugs in the short term mainly for the purpose of trafficking. The people's court determined the amount of drugs he sold based on the amount of drugs he purchased, and only considered the circumstances of his drug use in sentencing, reflecting the strict punishment of such crimes in accordance with the law. At present, the Internet is an important channel for the general public, especially teenagers, to obtain external information. Drug crimes committed through the Internet have greater harm and influence than traditional crimes. For online drug related crimes, a high-pressure situation should be maintained, and the spread of drugs through online channels should be firmly curbed.

6、 Mo Jinyou's drug trafficking case

Armed cover up drug crimes and strict punishment in accordance with the law

Basic Case

Defendant Mo Jinyou, male, Han nationality, born on December 9, 1992, is a farmer.

On the early morning of March 16, 2015, the defendant Mo Jinyou sold a small packet of ketamine to drug user Wang at Kaidi Sunshine Holiday Hotel in Dongxing Town, Dongxing City, Guangxi Zhuang Autonomous Region. After the transaction between the two was completed, it was discovered by public security personnel that Wang was caught on the spot, and public security personnel seized 2.48 grams of ketamine from him. During his escape, Mo Jinyou held a pistol he was carrying and fired towards the direction pursued by the police. He then discarded 5.23 grams of methamphetamine and 0.79 grams of ketamine he was carrying in the roadside green belt. Mo Jinyou was caught trying to block a car at an intersection when he fled. Public security personnel seized one pistol and three bullets from him on the spot.

【 Judgment result 】

This case was first instance by the People's Court of Dongxing City, Guangxi Zhuang Autonomous Region, and second instance by the Intermediate People's Court of Fangchenggang City, Guangxi Zhuang Autonomous Region.

The court believes that the defendant Mo Jinyou's trafficking in methamphetamine and ketamine constitutes a crime of drug trafficking. During the process of committing the crime of drug trafficking, Mo Jinyou carried a gun with him and shot at public security personnel. His behavior falls under the category of armed cover for drug trafficking as stipulated in Article 347 (2) (3) of the Criminal Law and should be punished in accordance with the law. Based on this, the defendant Mo Jinyou was sentenced to 15 years in prison and confiscation of property of RMB 20000 in accordance with the law.

The above judgment took legal effect on December 4, 2015.

Typical significance

In recent years, cases of drug criminals carrying firearms, ammunition, and explosives to cover up crimes have repeatedly occurred in the process of smuggling, trafficking, transporting, and manufacturing drugs. Especially in border areas such as Guangxi and Yunnan, cases of "gun drug combination" are on the rise. Armed cover up for drug crimes not only greatly increases the risk of law enforcement agencies cracking down on drug crimes, but also poses a threat to social security and the safety of people's lives and property, reflecting the deeper subjective malignancy and greater personal danger of criminals. Therefore, Article 347 (2) (3) of the Criminal Law stipulates that if a criminal engages in "armed cover up smuggling, trafficking, transportation, or manufacturing of drugs", regardless of the quantity of drugs, they shall be sentenced to a fixed-term imprisonment of not less than fifteen years. This case is a typical case of drug traffickers carrying firearms and ammunition to cover up drug crimes. The defendant Mo Jinyou sold a small amount of drugs, but carried firearms and ammunition with him during the drug transaction and shot at the chasing public security personnel. Although no casualties were caused, he should still be considered as an armed cover for drug trafficking. The people's court, based on the facts and circumstances of his crime, sentenced him to fifteen years in prison and confiscated some of his personal property in accordance with the law, reflecting the strict punishment of armed cover drug crimes in accordance with the law.

7、 Lin Kunwu's Drug Trafficking Case

Repeatedly selling drugs in small packages, and being a recidivist or a repeat drug offender, will be severely punished in accordance with the law

Basic Case

The defendant Lin Kunwu, male, Han nationality, was born on July 8, 1968, unemployed. On January 5, 2009, he was sentenced to one year and two months in prison for committing theft and was also fined RMB 8000; On January 28, 2011, he was sentenced to 11 months in prison and fined RMB 1000 for the crime of drug trafficking; On November 7, 2012, he was sentenced to one year and one month in prison for the crime of drug trafficking and fined RMB 2000. He was released after serving his sentence on July 3, 2013.

The defendant Lin Kunwu sold a total of 0.7 grams of heroin to drug users multiple times at his home in Tongling Town, Dongshan County, Fujian Province. On November 12 and 27, 2014, Lin Kunwu sold heroin to drug user Hong twice at home, with a dose of 0.1 grams each time; On the 13th and 27th of the same month, Lin Kunwu sold heroin to drug user Chen Moumou twice at home, each time 0.1g; On the 25th, 26th, and 27th of the same month, Lin Kunwu sold heroin to drug user He Moumou three times at home, each time 0.1g. On the 27th of the same month, public security personnel arrested Lin Kunwu at his home and seized 0.7 grams of heroin from the living room on the spot.

【 Judgment result 】

This case was first instance by the People's Court of Dongshan County, Fujian Province, and second instance by the Intermediate People's Court of Zhangzhou City, Fujian Province.

The court believes that the defendant Lin Kunwu's act of selling heroin constitutes the crime of drug trafficking. Lin Kunwu has repeatedly sold drugs to multiple people, and the criminal circumstances are serious. He has been sentenced for the crime of drug trafficking and committed the crime of drug trafficking again within five years after the completion of the sentence. He is a recidivist and a repeat drug offender, and should be given heavier punishment according to law. Based on this, the defendant Lin Kunwu was sentenced to four years and eight months in prison in accordance with the law, and a fine of RMB 3000 was also imposed.

The above judgment took legal effect on October 29, 2015.

Typical significance

In recent years, due to the continuous expansion of the drug consumption market, the number of drug trafficking cases involving small packages of less than 10 grams has grown rapidly, and such cases account for a high proportion of drug trafficking cases and even all drug crime cases. Zero package drug trafficking is the terminal link of drug crimes, directly leading to the entry of drugs into the field of consumption and consumption, and the social harm cannot be ignored. Therefore, cracking down on the crime of small package drug trafficking is an important means to effectively curb the spread of the drug problem and the growth of drug crimes. In this case, the defendant Lin Kunwu sold only 0.1 grams of heroin each time, totaling 1.4 grams. Although the quantity was relatively small, he repeatedly sold drugs to multiple drug users, which has significant social harm. According to relevant judicial interpretations, his criminal behavior falls under the category of "serious circumstances" stipulated in Article 347 (4) of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years in accordance with the law. Lin Kunwu has three criminal records and has been sentenced twice for drug trafficking. He still refuses to repent and sells drugs, with a deeper subjective malignancy. The people's court, based on the facts of his crime and the circumstances of his involvement in recidivism and drug recidivism, imposed a heavier punishment on him within the statutory sentencing range, effectively implementing the criminal policy of cracking down on terminal drug crimes.

8、 Gao Feng's Case of Allowing Others to Take Drugs

Entertainment venue managers allow multiple people to use drugs and severely punish them in accordance with the law

Basic Case

The defendant, Gao Feng, male, Han nationality, was born on June 20, 1977 and is the manager of Dongfang Star Club in Xiangzhou District, Zhuhai City, Guangdong Province.

On October 16, 2014, the defendant Gao Feng was employed as the manager of Dongfang Star Club at No. 4017 Nanwan South Road, Xiangzhou District, Zhuhai City, responsible for the comprehensive work of the club's operation, booking, and so on. At around 0:00 on December 1st of the same year, Gao Feng, even though he knew that a guest was about to take drugs in the club, still provided two rooms for entertainment consumption. At around 3:00 pm on the same day, public security personnel found 55 drug users in two rooms of the club. At around 16:00 that day, Gao Feng was arrested and brought to justice.

【 Judgment result 】

This case was first instance by the People's Court of Xiangzhou District, Zhuhai City, Guangdong Province, and second instance by the Intermediate People's Court of Zhuhai City.

The court believes that the defendant Gao Feng's behavior of allowing others to take drugs constitutes the crime of allowing others to take drugs. After Gao Feng was brought to justice, he truthfully confessed his crime and had a good attitude of confession. He can be given a lighter punishment according to the law. Based on this, the defendant Gao Feng was sentenced to two years in prison and a fine of RMB 50000 in accordance with the law.

The above judgment took legal effect on June 26, 2015.

Typical significance

In recent years, there has been a rapid increase in cases of drug abuse committed by accommodating others. Among them, there are cases where operators and managers of some entertainment venues allow others to take drugs in order to attract business. This case is a typical case of entertainment venue managers allowing multiple people to take drugs. The defendant Gao Feng, as the manager of the entertainment venue involved in the case, was aware that there were customers who wanted to take drugs in his club room. However, in order to increase business income, he still provided a place for others to take drugs and allowed 55 people to take drugs at once. The criminal circumstances were heinous. The people's court shall punish him severely according to the nature, circumstances, and consequences of his crime. This case warns the operators and managers of entertainment venues to seriously abide by national drug control laws and regulations, strictly implement drug prevention measures, and prevent drug related crimes from happening in their own venues. If any drug related illegal activities are found in the entertainment venue, they should immediately report to the public security organs and never allow others to take drugs for the purpose of soliciting business or obstructing the situation. It is everyone's responsibility to ban drugs. As operators and managers of public places, we should enhance our sense of responsibility in preventing and rejecting drugs.

9、 Robbery cases involving Li Guisong and others

Conspiracy to obtain drug funds for robbery and the use of minors to commit crimes shall be severely punished in accordance with the law

Basic Case

The defendant, Li Guisong, male, Han nationality, was born on September 17, 1990 and is a farmer.

Defendant Wang Hong, male, Han nationality, born on October 5, 1990, is a farmer.

The defendant Li Guisong is a drug user and has no legitimate source of income. In order to seek money, Li Guisong, along with the defendant Wang Hong, instructed female minors such as Yang and Ding to lure prostitutes into hiding and commit robbery under the guise of soliciting prostitution. On the evening of May 31, 2015, Yang and Ding solicited prostitution in a park in Dali City, Yunnan Province. Later, Ding took the victim Zhang to the entrance of a residential unit building in Xiaguan Town, that city. Ding contacted Li Guisong by phone, and after Li Guisong, Wang Hong, and others arrived, they used violent means to rob Zhang of over 1500 yuan in cash.

【 Judgment result 】

This case is being tried by the People's Court of Dali City, Yunnan Province.

The court believes that the defendants Li Guisong and Wang Hong used violent means to rob others' property for the purpose of illegal possession, and their actions constituted the crime of robbery. In the joint crime, Li Guisong and Wang Hong conspired to commit robbery, gathered minors to participate in the crime, and actively carried out robbery, all playing a major role. They are the main offenders, and both should be punished according to all the crimes they participated in. Based on this, the defendants Li Guisong and Wang Hong were sentenced to four years in prison and fined RMB 2000 in accordance with the law.

After the judgment was pronounced, there was no appeal or protest within the statutory period, and the above judgment took legal effect on April 19, 2016.

Typical significance

The cost of taking drugs is enormous, and it is difficult to quit and the proportion of relapse is high. Once infected with drugs, it is like stepping on a "no return path", causing some drug users to lose their homes and break down their families. Some drug users also try their best to obtain drug purchase funds and take risks. In recent years, there has been an increasing trend in cases where drug users without income sources commit crimes such as robbery and theft to obtain drug funds. In this case, the defendant Li Guisong is a drug addict who conspired with others to commit robbery through sexual inducement in order to raise drug funds and living expenses, and used female minors to commit crimes. Eventually, he was severely punished by the law. A minor named Yang is a rural migrant worker. After meeting Li Guisong, he was tempted and deceived by Li to start taking drugs. At Li's instigation, he also participated in robbery and embarked on a path of illegal crime. Minors are not yet well versed in society, have weak abilities to resist temptation and distinguish right from wrong, and are easily influenced by negative factors around them and become addicted to bad habits. Yang's experience fully demonstrates the special harm of drugs to minors, which has sounded an alarm for the majority of minors and parents. I hope that the general public, especially teenagers, can deeply understand the warning effect of this case, consciously stay away from drugs, and resist the harm of drugs.

10、 Case of Chen Xuejian Using Dangerous Methods to Harm Public Safety

Driving a motor vehicle after taking drugs endangers public safety, surrendering oneself, and being punished in accordance with the law

Basic Case

The defendant Chen Xuejian, male, Han nationality, was born on February 29, 1984 and is a self-employed household.

On March 20, 2015, the defendant Chen Xuejian stopped at a highway service area while driving and smoked drugs. At around 23:00 on the same day, Chen Xuejian was driving to Quyang Road and Zhongshan North Second Road in Shanghai when he encountered police officers setting up checkpoints for routine inspection. Chen Xuejian refused to accept the inspection and forcibly drove through the card to escape. Public security personnel then drove a police car to intercept him. Chen Xuejian drove continuously through red lights, drove rapidly in the opposite direction of the non motorized lane, collided with the road barrier, and cut down a pedestrian. When he fled to Guangling Second Road near the intersection of Guangji Road, the police car that was chased by him collided and did not stop. He abandoned the car and ran away after smashing the glass wall of a bakery. The next day, Chen Xuejian surrendered to the public security organs.

【 Judgment result 】

This case is being tried by the People's Court of Hongkou District, Shanghai.

The court believes that the defendant, Chen Xuejian, drove illegally after taking drugs, endangering the personal and property safety of the unspecified majority, and his behavior has constituted the crime of endangering public safety through dangerous means. After Chen Xuejian committed the crime, he voluntarily surrendered and truthfully confessed the facts of the crime, which constitutes voluntary surrender and can be given a lighter punishment in accordance with the law. Based on this, the defendant Chen Xuejian was sentenced to three years and six months in prison in accordance with the law.

After the judgment was pronounced, there was no appeal or protest within the statutory period, and the above judgment took legal effect on September 18, 2015.

Typical significance

Drug use seriously endangers the physical and mental health of drug users. Some drugs, due to their excitatory and hallucinogenic effects, can affect the driving ability of drug users after consumption, causing them to experience symptoms such as perceptual misalignment, inability to concentrate, and hallucinations and auditory hallucinations. Therefore, driving a motor vehicle after taking drugs is highly likely to cause accidents and disasters due to uncontrolled driving behavior. Such cases have occurred multiple times in recent years. This case is a typical case where driving a motor vehicle after taking drugs poses a threat to public safety. The defendant, Chen Xuejian, entered the urban area of Shanghai after taking drugs. During the inspection, he forcibly ran through the card, continuously violated the rules, hit public facilities, scraped pedestrians, and damaged others' property. His behavior seriously affected traffic safety and caused damage to the personal and property rights of the unspecified majority. The People's Court has lawfully determined that Chen Xuejian's behavior constitutes a crime of endangering public safety through dangerous means. However, considering his voluntary surrender, he was given a lighter punishment, which better reflects the criminal policy of combining leniency with severity.