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2023-08-09
The Supreme Court Releases Typical Cases of Drug Crimes and Serious Crimes Induced by Drug Use
catalogue
1. Chen Haoliang's trafficking, transportation of drugs, and drug trafficking in Xiku
2. Deng Ke's trafficking, drug manufacturing, illegal possession of firearms and ammunition, allowing others to take drugs, Huang Hao, Huang Kerong's drug manufacturing, and Liu Peng's drug trafficking cases
3. Wang Zuwen's intentional homicide and intentional injury case
4. Su Chujie's drug trafficking case
5. Case of Zhang Qingguo instigating others to take drugs
Case 1
Chen Haoliang's trafficking, transportation of drugs, and drug trafficking in Xiku
——Selling and transporting drugs across provinces in large quantities,
And all of them have severe punishment circumstances, and the crime is extremely serious
(1) Basic facts of the case
The defendant Chen Haoliang, male, Han nationality, was born on April 26, 1971, unemployed. On October 9, 1989, he was sentenced to life imprisonment for theft and robbery, deprived of political rights for life. He was released after serving his sentence on July 29, 2006.
The defendant Yu Xiku, male, Han nationality, was born on October 7, 1962, unemployed. On November 21, 1996, he was sentenced to nine years in prison for the crime of drug trafficking; On September 8, 2004, he was sentenced to two years in prison and fined RMB 1000 for the crime of drug trafficking. He was released after serving his sentence on May 5, 2006.
At the beginning of 2011, the defendant Chen Haoliang purchased 700 grams of methamphetamine (methamphetamine) from another city, but was unable to sell them all due to poor quality. The remaining 683.32 grams of the drug were stored in his residence in Anshan City, Liaoning Province.
On September 8, 2011, the defendant Chen Haoliang went to Guangzhou, Guangdong Province and purchased 300 grams of methamphetamine and a small amount of methamphetamine tablets ("Magu") from the defendant at Xiku, bringing them back to Anshan City for sale to multiple people. The remaining 81 grams of methamphetamine were seized after the incident.
On September 25, 2011, the defendant Chen Haoliang went to Guangzhou again and purchased 2474.5 grams of methamphetamine and 57.1 grams of methamphetamine tablets from the defendant at Xiku. On the 28th of the same month, Chen Haoliang was arrested when he returned to his residence downstairs in Anshan City, and public security personnel seized the drugs he had purchased on the spot. Public security personnel also seized 683.32 grams of substandard methamphetamine, as well as 21.71 grams of red powder containing methamphetamine and 2.05 grams of methamphetamine tablets in Chen Haoliang's residence. After Chen Haoliang arrived at the scene, he assisted public security personnel in capturing Yu Xiku.
In summary, the defendant Chen Haoliang sold and transported over 3500 grams of methamphetamine and methamphetamine tablets; The defendant sold over 2800 grams of methamphetamine and methamphetamine tablets in Xiku.
(2) Judgment results
This case was first instance by the Intermediate People's Court of Anshan City, Liaoning Province, and second instance by the Higher People's Court of Liaoning Province. The Supreme People's Court conducted a death penalty review of this case.
The court believes that the defendant Chen Haoliang illegally sold and transported methamphetamine, which constitutes the crime of drug trafficking and transportation; The defendant illegally trafficked methamphetamine in Xiku, which constitutes the crime of drug trafficking. Chen Haoliang has repeatedly sold and transported drugs in large quantities, posing great social harm, and committing extremely serious crimes. He has also been sentenced to life imprisonment for committing theft and robbery, and has committed crimes again after completing the sentence. His subjective malignancy is deep, and his personal danger is high, and he should be punished in accordance with the law. Although Chen Haoliang has made significant contributions, it is not enough to receive a lenient punishment. Yu Xiku sells a large number of drugs with great social harm and extremely serious crimes. He has been sentenced twice for the crime of drug trafficking, and after the execution of the sentence, he committed the crime of drug trafficking again. This is a repeat drug offense, with a deep subjective malignancy and high personal danger, and should be punished severely according to law. Based on this, the defendants Chen Haoliang and Yu Xiku were sentenced and approved to death in accordance with the law.
Criminals Chen Haoliang and Yu Xiku were executed in accordance with the law on September 26, 2014.
Case 2
Deng Ke's trafficking, drug manufacturing, illegal possession of firearms and ammunition, allowing others to take drugs, Huang Hao, Huang Kerong's drug manufacturing, and Liu Peng's drug trafficking cases
——Manufacturing and trafficking of ketamine in large quantities with extremely serious crimes
(1) Basic facts of the case
The defendant Deng Ke, male, Han nationality, was born on September 13, 1986, unemployed.
The defendant Huang Hao, male, Han nationality, was born on July 23, 1985 and is a farmer.
The defendant Liu Peng, male, Han nationality, was born on November 14, 1985, unemployed.
The defendant Huang Kerong, male, Han nationality, was born on December 20, 1974 and is a farmer.
In July 2010, the defendant Deng Ke funded the construction of a house in Huang Hao's hometown in Shuangliu County, Sichuan Province, for the purpose of manufacturing drugs. After Huang Hao built the house, he gathered the defendant Huang Kerong to manufacture ketamine. From mid to late August to early September of the same year, Huang Hao produced three batches of ketamine, all of which were handed over to Deng Ke for payment. Deng Ke arranged for the defendant Liu Peng to sell them. On September 2 of the same year, Deng Ke leased Room 403 of a residential area in Chengdu, Sichuan Province for storing drugs. On the 5th of the same month, public security personnel arrested Deng Ke and four others who were taking drugs in another residential area in Chengdu. On the spot, they seized 26.55 grams of ketamine, 5.93 grams of white crystals containing methamphetamine and ketamine, 1 imitation "64" pistol, and 35 rounds of bullets. Public security personnel also found the keys to Room 403 from Deng Ke, and found 13486 grams of ketamine in the room. Later, they seized a large amount of drug making materials and tools from Huang Hao's home.
(2) Judgment results
This case was first instance by the Intermediate People's Court of Chengdu 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 Deng Kegang illegally manufactured and sold ketamine with others, which constitutes the crime of drug trafficking and manufacturing; Deng Ke illegally holds lethal firearms and ammunition, and his behavior constitutes the crime of illegally holding firearms and ammunition; Deng Ke's behavior of allowing others to take drugs also constitutes the crime of allowing others to take drugs. In the joint crime of manufacturing drugs, Deng Ke provided funds and transportation, controlled the drugs produced, played an organizing and directing role, and was the most responsible principal offender. He should be punished according to all the crimes he participated in and commanded; Defendants Huang Hao and Huang Kerong participated in drug manufacturing under the instigation of Deng Ke, and their role in joint crimes was smaller than that of Deng Ke. In the joint crime of drug trafficking, Deng Ke arranged for the defendant Liu Peng to sell drugs, who is also the main culprit; Liu Peng participated in drug trafficking under the guidance of Deng Ke, and his role was smaller than that of Deng Ke. Dengke produces and sells a large number of drugs, some of which have already entered society, causing great harm to society. The crimes are extremely serious and should be punished in accordance with the law. Deng Ke's crimes should be punished in accordance with the law. Based on this, the defendant Deng Ke was sentenced to death and approved in accordance with the law, and the defendants Huang Hao, Liu Peng, and Huang Kerong were sentenced to life imprisonment, fifteen years in prison, and seven years in prison, respectively.
The criminal Deng Ke was executed in accordance with the law on February 12, 2015.
Case 3
Wang Zuwen's intentional homicide and intentional injury case
——Killing foster grandparents after taking drugs and causing injury to their foster father, the crime is extremely serious
(1) Basic facts of the case
The defendant Wang Zuwen, male, Han nationality, was born on December 18, 1992, unemployed.
The defendant Wang Zuwen was raised by his adoptive grandfather Wang Qingqu (victim, 80 years old) and his adoptive grandmother Chen Sulian (victim, 76 years old) from a young age. Prior to the incident, he had been smoking ketamine for a long time. On August 11, 2013, Wang Zuwen smoked ketamine again at his home in a community in Yongchun County, Fujian Province. In the early morning of the next day, Wang Zuwen had the idea of killing Wang Qingqu and Chen Sulian. He took out a double-edged long sword from their bedroom and went to Wang Qingqu and Chen Sulian's bedroom. He wielded the sword and stabbed Wang Qingqu and Chen Sulian while they were sleeping, causing both victims to die from piercing their hearts with sharp weapons. Later, Wang Zuwen climbed out of the window and jumped downstairs. Upon hearing this, Wang Zuwen's foster father Wang Weiyi (the victim, who was 51 years old at the time) arrived. Wang Zuwen then wielded a sword to strike Wang Weiyi, causing him to suffer minor injuries.
(2) Judgment results
This case was first instance by the Intermediate People's Court of Quanzhou City, Fujian Province, and second instance by the Higher People's Court of Fujian Province. The Supreme People's Court conducted a death penalty review of this case.
The court believes that the defendant Wang Zuwen stabbed his adoptive grandparents with a sword, causing the deaths of both individuals and injuring his adoptive father with a sword. Their actions have respectively constituted intentional homicide and intentional injury. Wang Zuwen committed murder and injury after taking drugs, resulting in 2 deaths and 1 minor injury. The criminal circumstances were severe, the methods were cruel, and the consequences and crimes were extremely serious. He should be punished in accordance with the law. The crimes committed by Wang Zuwen should be punished in accordance with the law. Based on this, the defendant Wang Zuwen was sentenced to death and approved in accordance with the law.
Criminal Wang Zuwen was executed in accordance with the law on June 23, 2015.
Case 4
Su Chujie'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
(1) Basic facts of the case
The defendant Su Chujie, male, Han nationality, was born on April 24, 1988 and is a farmer. On October 9, 2011, he was sentenced to one year and four months in prison for the crime of drug trafficking and fined RMB 6000. He was released after serving his sentence on January 16, 2012.
The defendant Su Chujie repeatedly sold heroin to two drug users in Chaozhou City, Guangdong Province, for the purpose of trafficking, raising, and smoking. From February to March 2014, Su Chujie sold heroin to drug addict Su Mouhang 15 times near a ceramic factory in Chao'an District of the city, at a price of 100 yuan, at a rate of 0.1 grams each time. Between July and August of the same year, Su Chujie sold heroin to drug addict Su at the same price 15 times, each time at a price of 0.1 grams, near the Yicai Market in Chao'an District. On October 25 of the same year, public security personnel arrested Su Chujie and seized 0.85 grams of heroin from her.
(2) Judgment results
This case is being tried by the People's Court of Chao'an District, Chaozhou City, Guangdong Province.
The court believes that the defendant Su Chujie illegally sold heroin, which constitutes the crime of drug trafficking. Su Chujie has repeatedly sold drugs, and the circumstances are serious. He has been sentenced for the crime of drug trafficking and committed the crime of drug trafficking within five years after the execution of the sentence. 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. Based on this, the defendant Su Chujie was sentenced to three years and nine 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 May 1, 2015.
Case 5
Case of Zhang Qingguo instigating others to take drugs
——Drug users who incite others to take drugs shall be punished in accordance with the law
(1) Basic facts of the case
The defendant Zhang Qingguo, male, Han nationality, was born on May 22, 1988, unemployed. On March 4, 2014, he was sentenced to ten months in prison and fined RMB 5000 for committing fraud.
After being sentenced for fraud, the defendant Zhang Qingguo was unable to deliver for execution due to illness. On the evening of December 8, 2014, Zhang Qingguo purchased drugs from Qiu Pengcheng (handled separately and sentenced). That night, he purchased drugs from Qiu Pengcheng again and asked his classmate Lin Mouyang to drive to Qiu Pengcheng to pick them up. Lin Mouyang sent the drug to Zhang Qingguo, a community in Wenzhou City, Zhejiang Province. Zhang Qingguo claimed that the item was methamphetamine and introduced Lin Mouyang to his experience after taking methamphetamine, inviting him to take it together. Zhang Qingguo demonstrated on the spot how to take drugs, and later Lin Mouyang imitated Zhang Qingguo's method of taking methamphetamine. On the afternoon of the same month 11th, Lin Mouyang was once again taking methamphetamine provided by Zhang Qingguo through the above-mentioned method in Zhang Qingguo's country, and the two were arrested by public security personnel. After Zhang Qingguo arrived at the scene, he assisted public security personnel in capturing Qiu Pengcheng.
(2) Judgment results
This case is being tried by the People's Court of Longwan District, Wenzhou City, Zhejiang Province.
The court believes that the defendant Zhang Qingguo's behavior of introducing the types of drugs to others, promoting drug use experiences, demonstrating drug use methods, and inviting others to use drugs together constitutes the crime of instigating others to use drugs. Zhang Qingguo was once sentenced for committing fraud and before the punishment was completed, he also committed the crime of instigating others to take drugs. His multiple crimes should be punished in accordance with the law. Zhang Qingguo has committed meritorious deeds and truthfully confesses his crimes after being brought to justice, and can be given a lighter punishment according to law. Based on this, the defendant Zhang Qingguo was sentenced to eight months in prison for inciting others to take drugs in accordance with the law, and was punished in conjunction with the unfinished sentence of the original crime of fraud. The sentence was decided to be one year and three months in prison.
After the judgment was pronounced, there was no appeal or protest within the statutory period, and the above judgment took legal effect on May 5, 2015.
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