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2023-08-07

Typical cases of drug crimes and serious crimes induced by drug use

Case 1

Xiong Dongping and other drug trafficking and transportation cases

——The crime of instigating others to sell and transport drugs across provinces is extremely serious, with a huge amount being committed

(1) Basic facts of the case

In February 2012, the defendant Xiong Dongping instructed Li Yangping and Lin Fangping in Kaijiang County, Sichuan Province to help them sell and transport drugs in Wenzhou City, Zhejiang Province. Li and Lin then temporarily stayed in Wenzhou City. Between March and May of the same year, Xiong Dongping contacted his superiors and instructed Li Yangping and Lin Fangping to purchase 3747.5 grams of methamphetamine (methamphetamine) and 2721.5 grams of heroin from Dongguan, Shanwei, and other cities in Guangdong Province, and shipped them to Wenzhou for sale. Li Yangping and Lin Fangping will transfer the collected toxic funds to the bank account designated by Xiong Dongping.

On May 7, 2012, the defendant Xiong Dongping contacted the drug dealer and instructed Li Yangping and Lin Fangping to transfer 100000 yuan of drug funds to their designated bank account. They also instructed Li and Lin to carry 170000 yuan of cash from Wenzhou City to Dongguan City and Lufeng City in Guangdong Province to purchase drugs. On the morning of the same month, Li Yangping and Lin Fangping were arrested when they arrived at Xinnan Bus Station in Wenzhou City with their purchased drugs. Public security personnel confiscated 973.6 grams of heroin and 1001.2 grams of methamphetamine from the two individuals. On the 11th of the same month, public security personnel seized 6.43 grams of heroin from Li and Lin's temporary residence in Wenzhou City. On August 27th of the same year, Xiong Dongping was arrested in Kaijiang County, Sichuan Province.

In summary, the defendant Xiong Dongping sold and transported a total of 4748.7 grams of methamphetamine and 3701.53 grams of heroin.

(2) Judgment results

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

The court believes that the defendant Xiong Dongping colluded with others to sell and transport methamphetamine and heroin, which constitutes the crime of drug trafficking and transportation. In the joint crime, Xiong Dongping raised a criminal intention, contacted drug authorities, and instructed others to commit drug crimes. He is the most serious principal offender of the crime and should be punished according to all the crimes he participated in and commanded. Li Yangping and Lin Fangping were instructed by Xiong Dongping to actively carry out drug trafficking and transportation crimes, and their status and role in joint crimes were relatively smaller than that of Xiong Dongping. Xiong Dongping remotely commanded others to purchase drugs in Guangdong twice and transport them to Wenzhou City for sale. The quantity of drugs sold and transported is huge, causing great harm to society. The crime is extremely serious and should be punished in accordance with the law. Based on this, the defendant Xiong Dongping was sentenced and approved to death in accordance with the law, and the other defendants Li Yangping and Lin Fangping were sentenced to death with a two-year suspension of execution.

Criminal Xiong Dongping was executed in accordance with the law on June 19, 2014.


Case 2

Xiao Wen's case of drug trafficking, transportation, and manufacturing

——The manufacturing and transportation of drugs in large quantities, as well as the trafficking of drugs, are extremely serious crimes

(1) Basic facts of the case

The defendant Xiao Wenzhong, male, Han nationality, was born on November 12, 1966, unemployed. On December 7, 1989, he was sentenced to eight years in prison for committing embezzlement and misappropriation of public funds.

The defendant Xiao Wenzhong rented the basement of Li Shiqiang's house in Anyue County, Sichuan Province as a drug manufacturing facility to manufacture drugs. Before and after the Spring Festival in 2011, Xiao Wenzhong instructed Li Hua to purchase a large amount of raw materials for drug production in Chengdu, Sichuan Province. On the evening of April 4th of the same year, Xiao Wenzhong, along with Li Shiqiang, Li Hua, and Kang Fan, produced a large amount of methamphetamine liquid in the basement, and later instructed Kang Fan to take the above liquid to a rented house in Chengdu where Xiao Wenzhong stored it. In mid April, Xiao Wenzhong and Li Hua brought the above-mentioned liquid to another rented house in Chengdu for refining and crystallization. On the evening of the same month, Li Shiqiang and Li Hua assisted Xiao Wenzhong in producing methamphetamine liquid again in the basement. On the early morning of the same month, Li Hua followed Xiao Wenzhong's instructions to drive a bottle of methamphetamine liquid (weighing 632 grams) to Lezhi County, Sichuan Province, but was intercepted by public security personnel on the way. On that day, public security personnel arrested Xiao Wenzhong and Li Shiqiang in Anyue County, and seized 17670.5 grams of methamphetamine solid liquid at Li Shiqiang's home. On May 6th of the same year, public security personnel seized 3686 grams of methamphetamine solid liquid in Xiao Wenzhong's rented house. After identification, the content of methamphetamine in the solid and liquid of the above-mentioned drugs ranges from 24% to 65.4%, reaching over 8000 grams.

In September 2010, the defendant Xiao Wenzhong sold 194.463 grams of methamphetamine (methamphetamine) to others in Chengdu.

(2) Judgment results

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

The court believes that the defendant Xiao Wenzhong collaborated with others to manufacture and transport methamphetamine, and sold methamphetamine to others, which constitutes the crime of trafficking, transporting, and manufacturing drugs. In the joint crime, Xiao Wenzhong rented a drug production site, instructed others to purchase drug production materials, mastered drug production technology, and directly participated in drug production. He also instructed others to transport drugs, making him the most serious principal offender of the crime and should be punished according to all the crimes he participated in and commanded. Li Shiqiang, Li Hua, and Kang Fan participated in drug manufacturing under the influence of Xiao Wenzhong, and their role in joint crimes was smaller than that of Xiao Wenzhong. Xiao Wenzhong collaborates with others to manufacture and transport a huge amount of drugs, and sells drugs to others. This poses great social harm and the crime is extremely serious, and should be punished in accordance with the law. Based on this, the defendant Xiao Wenzhong was sentenced and approved to death in accordance with the law, and the co defendants Li Shiqiang, Li Hua, and Kang Fan were sentenced to life imprisonment, 15 years in prison, and 14 years in prison, respectively.

Criminal Xiao Wenzhong was executed in accordance with the law on June 24, 2014.


Case 3

Case of Yang Yongshu and others transporting drugs

——Transporting a large number of drugs and involving recidivism and drug recidivism, the crime is extremely serious

(1) Basic facts of the case

Defendant Yang Yongshu, male, Han nationality, born on February 26, 1966, is a farmer. On March 16, 1989, he was sentenced to two years in prison for committing theft; On February 11, 2011, he was sentenced to six months in prison and fined RMB 1000 for the crime of drug trafficking.

In early March 2012, the defendant Yang Yongshu learned from his nephew Kuang Xichuan that Jiang Qian could contact a drug seller in Dongguan, Guangdong Province, and deposited the 180000 yuan of drug funds raised into his wife's Industrial and Commercial Bank of China card. Later, Yang Yongshu gathered Kuang Xichuan and others to drive Kuang's rented sedan from Beijing to Changping Town, Dongguan City. Yang Yongshu was introduced by Jiang Qian to discuss drug transactions with Dai Dao and others, and instructed Kuang Xichuan to pay for the drugs. On the 7th of the same month, Yang Yongshu and others drove back with the purchased drugs and were intercepted at a highway checkpoint in Tongzhou District, Beijing. Public security personnel seized 778.32 grams of methamphetamine (methamphetamine) and 1.06 grams of methamphetamine tablets ("Magu") from the above-mentioned vehicles.

(2) Judgment results

This case was first instance by the Beijing Second Intermediate People's Court and second instance by the Beijing Higher People's Court. The Supreme People's Court conducted a death penalty review of this case.

The court believes that the defendant Yang Yongshu knowingly transported drugs, and his behavior constitutes the crime of transporting drugs. Yang Yongshu, who invested in purchasing and assembling others to transport drugs, is the main culprit in the joint crime and should be punished according to all the crimes he participated in. Yang Yongshu transports a large amount of drugs with great social harm and extremely serious crimes. He was once sentenced to fixed-term imprisonment for drug trafficking and committed the crime of transporting drugs within five years after the punishment was completed. He is a recidivist and a repeat drug offender, with a deep subjective malignancy and high personal danger. He should be punished severely according to the law. Dai Dao sells a large number of drugs and is also the main culprit in joint crimes. Considering that he exposed others' crimes after arriving at the case and had meritorious deeds, he can be given a lighter punishment according to law. Kuang Xichuan was invited by Yang Yongshu to participate in drug crimes and was also the main culprit in the joint crime. Considering that he truthfully confessed the crime and provided relevant information to the accomplice after arriving at the case, he can be given a lighter punishment according to law. Jiang Qian introduced drug trafficking as an accomplice in a joint crime and truthfully confessed the crime upon arrival, with significant meritorious performance. The punishment can be reduced according to law. Based on this, the defendant Yang Yongshu was sentenced and approved to death in accordance with the law, and the co defendants Dai Dao, Kuang Xichuan, and Jiang Qian were sentenced to death with a two-year suspension of execution, life imprisonment, and ten years imprisonment, respectively.

The criminal Yang Yongshu was executed in accordance with the law on June 20, 2014.


Case 4

Gao He and Pan Dehu's Drug Trafficking Case

——Those who purchase drugs and sell them at a higher price to drug users shall be punished in accordance with the law

(1) Basic facts of the case

The defendant, Gao He, male, Han nationality, was born on August 25, 1979, unemployed. In January 2007, he was sentenced to five years in prison and fined 2000 yuan for committing the crime of forging state agency documents and robbery.

The defendant Pan Dehu, male, Han nationality, was born on June 18, 1986, unemployed.

In early May 2013, a drug user named Xie from Yangzhou City, Jiangsu Province, called the defendant Gao He to purchase methamphetamine (methamphetamine). The two parties agreed that a set of methamphetamine (about 25 grams) would cost 8000 yuan, plus an additional 500 yuan for transportation. Later, Gao He contacted the defendant Pan Dehu by phone, and Pan purchased a set of methamphetamine from someone else for 7500 yuan. On the 7th of the same month, Gao He and Pan Dehu drove the above-mentioned drugs from Yixing City, Jiangsu Province to Yangzhou City. On the way, Pan Dehu gave Gao He a small amount of methamphetamine as a sample. After arriving in Yangzhou, Gao He and Pan Dehu were arrested while preparing to trade with Xie. Public security personnel on the spot seized 2 bags of methamphetamine (net weight 0.74 grams) from Gao He's handbag and 1 bag of methamphetamine (net weight 24.29 grams) from Pan Dehu's shirt pocket.

(2) Judgment results

This case was first instance by the People's Court of Guangling District, Yangzhou City, Jiangsu Province, and second instance by the Intermediate People's Court of Yangzhou City.

The court believes that the defendants Gao He and Pan Dehu engaged in trafficking in methamphetamine, both of which constituted the crime of drug trafficking. Gao He and Pan Dehu, who sold 25.03 grams of methamphetamine, are both the main offenders in the joint crime and should be punished according to all the crimes they participated in. Gao He was sentenced to fixed-term imprisonment for a crime and committed the crime of drug trafficking within five years after the execution of the sentence. He is a recidivist and should be given a heavier punishment in accordance with the law. Based on this, the defendants Gao He and Pan Dehu were sentenced to nine years in prison and eight years and six months in prison respectively in accordance with the law.

The above judgment took legal effect on March 21, 2014.


Case 5

Gong Xingfu's intentional homicide case

——Killing a cohabiting girlfriend and child after taking drugs is extremely serious

(1) Basic facts of the case

The defendant Gong Xingfu, male, Han nationality, was born on October 13, 1973, unemployed.

In 2007, the defendant Gong Xingfu and the victim Deng (female, 24 years old) met and cohabited. In 2011, they gave birth to a son Gong (victim, 4 months old). On the evening of March 28, 2012, Gong Xingfu and others smoked methamphetamine in a hotel room and returned to their rented accommodation at around 23:00. At around 8:00 the next day, Gong Xingfu and Deng had a dispute over dressing Gong. Gong Xingfu felt extremely irritable and excited, and had a desire to kill and then be quick. He then wielded a kitchen knife and struck Deng several times in the head, face, neck, and other areas while washing in the bathroom. He also struck Gong in the head and grabbed him, throwing him to the ground, resulting in Deng and Gong's death due to severe head injury.

(2) Judgment results

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

The court believes that the defendant Gong Xingfu intentionally and illegally deprived others of their lives, and his behavior constitutes intentional homicide. After taking drugs, Gong Xingfu used a knife to commit crimes solely due to trivial matters in his daily life. He attacked his cohabiting girlfriend and his 4-month-old son, resulting in their deaths. The crime was particularly heinous and the methods were particularly cruel. The consequences and crimes were extremely serious and should be punished in accordance with the law. Based on this, the defendant Gong Xingfu was sentenced to death and approved in accordance with the law.

Criminal Gong Xingfu was executed in accordance with the law on December 19, 2013.


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