Internet celebrity male anchor sentenced to no life! Just because of a generously rewarded fan... drug | Mu Song | one
Mu Song was once a broadcaster in Muchuan County, Sichuan Province, with 150000 followers. His fate was changed by a generous fan who rewarded him.
In 2019, he was instructed by this fan to take a plane from Sichuan to Shaanxi to retrieve a suitcase. He was arrested by the police stationed at the scene, and the police seized 5 suspected cans of drugs, totaling 3255.17 grams, from the suitcase. After identification, these 5 cans of suspected drugs contain heroin, with a content of over 50%.
On August 23, 2021, the Xi'an Intermediate People's Court sentenced Mu Song to life imprisonment for the crime of illegal possession of drugs. After Mu Song appealed, the Shaanxi Provincial High Court revoked the initial judgment and remanded the case for retrial on the grounds of unclear facts and insufficient evidence.
After a retrial, the Xi'an Intermediate People's Court still sentenced Mu Song to life imprisonment for the crime of illegal possession of drugs. Mu Song expressed dissatisfaction and appealed again.
The anchor was instructed by fans to cross provinces to pick up luggage
Discovered to contain drugs
Mu Song used to be a broadcaster for a cultural media company in Muchuan County, Sichuan Province. His previously operated short video platform account had 155000 followers. According to data retrieved by the police, from April 2016 to January 2017, his video account received a total of 50821 tips, totaling 11468.5 yuan. On average, these rewards are not much per transaction.
According to the retrial verdict, Mu Song confessed and proved that around 2016, he met Li Xu. At that time, he was live streaming on the platform, and Li Xu occasionally supported him, and at most, he received nearly a thousand yuan in gifts. Afterwards, both parties added WeChat and QQ to get acquainted with each other.
According to Mu Song's confession, on August 5, 2019, he received a WeChat call from Li Xu at his home in Muchuan. The other party claimed that a friend had placed something in Xi'an and asked him to help retrieve it. Someone there would take it from him. Li Xu said to reimburse him for his travel expenses and will give him a reward of 20000 yuan after the matter is completed. The next morning, he arrived at Xi'an Xianyang International Airport by plane from Chengdu. After arriving, Li Xu asked him to find a hotel near Xianyang People's Hospital to stay.
Mu Song confessed that after arriving at the hotel, Li Xu asked him to go to a dry cleaning shop. After he arrived at the store, Li Xu asked him to pick up a suitcase left by a man on August 5th and instructed him not to hang up the phone. The laundry shop owner asked him to deposit the receipt, and Li Xu told him the phone number left on the receipt over the phone. He told the shop owner and received the suitcase. Mu Song walked out of the dry cleaning shop with a suitcase and was immediately arrested by the police officers in charge. The police seized 5 cans of suspected drugs from the suitcase, with a total net weight of 3255.17 grams. After identification, heroin was detected in all 5 cans of suspected drugs, with a content of 53.4% -53.9%.
The chat records extracted by the police show that throughout the process, Mu Song reported the route situation and sent photos of his boarding pass to Li Xu. After Mu Song arrived at the laundry, Li Xu asked if he had opened his suitcase and whether it was heavy; During the process, Li Xu transferred 2000 yuan, 1000 yuan, and 500 yuan respectively to Mu Song. Mu Song confessed that while Li Xu transferred the aforementioned 1000 yuan to him, he also gave him a QR code, asking him to transfer the 1000 yuan to this QR code.
According to the judgment, the above-mentioned suitcase was not opened from the time it was seized by the police until it was opened and weighed, and its appearance was intact.
How can the police quickly deploy control?
The other participant is an undercover agent
How did the suitcase containing drugs reach the dry cleaning shop in Xianyang?
Gu Zhenyue, who was instructed to participate in this matter by "going online", arrived in Xi'an earlier than Mu Song. However, after arriving in Xi'an, Gu Zhenyue chose to report to the police and cooperated with them, waiting for the recipient to appear.
According to Gu Zhenyue's testimony, his trip was not to make money for "selling goods" from the beginning, but to obtain a reward for reporting. From the beginning, he had a clear understanding of the true situation of this "sales promotion".
The retrial verdict stated that Gu Zhenyue's testimony stated that on August 1, 2019, he went to Chongqing to reunite with his ex girlfriend. The next night, he drank too much and had an argument with her. He dropped his phone and wanted to earn some money to buy a new one for her.
Gu Zhenyue said that in 2018, he heard from others in Myanmar that reporting drug production and trafficking and helping others carry drugs were rewarded. So he searched on his phone and found a "product promotion" post. After contacting the other party's QQ, they said they would go to Xi'an to pick up the package and give them 10000 yuan after the matter is resolved. He knew in his heart that it was drugs inside.
After discussing the business, the other party requested a photo of Gu Zhenyue's ID card to purchase a plane ticket and asked him to go to the airport immediately. At the airport, the other party asked him to add another QQ number, and since then, he has been connecting with "online" through this QQ number. Due to missing the check-in time, the other party purchased a high-speed rail ticket for him.
Gu Zhenyue said that after arriving in Xi'an, he received a screenshot of the courier tracking number. He called 110 on the way to the delivery point and reported that someone had given him ten thousand yuan to carry drugs. Quickly, a police car picked him up at the courier company, where the police talked to several people for a while before taking him to the police station. So he cooperated with the police to "go online" and falsely claimed to have received the package.
Gu Zhenyue said that on August 4, 2019, he checked into a hotel according to the meaning of "going online". On the morning of August 5, as required, he placed the express delivery and several pieces of clothes at a dry cleaning shop near Xianyang People's Hospital, and took photos of the laundry receipt to send to "going online". After completing these tasks, "Online" booked a ticket for him to return to Chongqing. On August 6th, when he asked for money from "online" according to the police's requirements, the other party ignored him.
The above-mentioned express delivery refers to the luggage that Mu Song picked up later.
The anchor claimed to have been deceived
The court determined that he had "subjective knowledge"
The reporter noticed that the Xi'an Procuratorate accused Mu Song of the crime of "transporting drugs", and the Xi'an Intermediate People's Court believed that there was insufficient evidence for Mu Song to constitute this crime, and changed the charge to "illegal possession of drugs".
Mu Song, on the other hand, believed himself innocent and claimed that he had been deceived. He also stated that he was unaware of whether the things he helped retrieve were drugs, and that he was not the actual controller or controller of these drugs.
Mu Song's defense counsel believes that the process of Mu Song retrieving a box containing drugs was quite high-profile from beginning to end, and he even posted it on his social media, completely unaware that this was a dangerous behavior. There is no direct evidence to prove that Mu Song was aware of the drugs hidden in the box. He only helped Li Xu, who owed him money, retrieve things. The other party promised to pay after completing the task. Mu Song did not even know that he was picking up the package, and "went online" without informing him of the relevant situation.
The Xi'an Intermediate People's Court held that the mobile chat records, arrest process, investigation process, departure data, boarding pass, and seized drugs of Mu Song and "Online" were sufficient evidence to determine that Mu Song was instructed by "Online" to charter a car to Chengdu overnight and immediately arrive in Xianyang by plane. He then went to a dry cleaning shop to collect the package containing drugs.
Mu Song not only collected tolls paid by "online" on the way, which far exceeded the cost of normal express delivery, but also reported the situation on the way to "online" at any time, which clearly violated the usual delivery method of goods. Based on Mu Song's confession during the investigation stage that he promised to pay him a high reward after going online and wanted to make money from it, it is sufficient to determine his subjective knowledge that there may be drugs hidden in the package.
According to the information provided by the police, both Mu Song and Gu Zhenyue tested negative for drug use in their urine.
The court has determined the crime of "illegal possession of drugs"
The defendant is dissatisfied with the judgment and will appeal again
As for why Mu Song was convicted of illegal possession of drugs, the Xi'an Intermediate People's Court held a retrial that the prosecution did not submit any evidence regarding the actions that Mu Song would carry out after obtaining the package, and whether there was any information on where the package would be delivered and to whom it would be handed over. Therefore, the evidence in the case cannot prove that Mu Song will continue to carry out transportation activities after receiving the suitcase, and there is insufficient evidence to determine that Mu Song's behavior constitutes the crime of transporting drugs. But Mu Song went to the laundry to retrieve a suitcase containing a drug package, and was immediately arrested by the police. This behavior should be considered as the crime of illegal possession of drugs.
The defense counsel points out that in this case, there was a situation of intentional inducement and control of delivery under special circumstances, and Mu Song did not have control and actual dominance over drugs. The Xi'an Intermediate People's Court held a retrial that there was no evidence or clues indicating the existence of special circumstances and intentional inducements in the case. Public security organs can implement controlled delivery in accordance with regulations according to the needs of investigating crimes.
In addition, the defense claimed that Mu Song's confession during the investigation stage that he promised to pay a high reward after going online, which he could have thought was illegal and possibly drug, but he didn't think deeply and wanted to earn this money with a sense of luck, has been excluded as illegal evidence in the first instance judgment. After being remanded for retrial, this confession was used for retrial judgment, which is clearly inappropriate.
At present, Mu Song is still dissatisfied with the retrial verdict and will appeal again.
