On January 4, a reporter from Huashang Daily Gale News confirmed from the parties' families and defense lawyers that the drug-related case of the Sichuan Leshan Internet celebrity male anchor who was remanded for retrial was tried in Xi'an, Shaanxi.
Relevant Notice of Appearance Courtesy of the interviewee
>>>案情脉络
It was ruled that the case was remanded for retrial because the facts were unclear and the evidence was insufficient
On August 6, 2019, 21-year-old Mu (pseudonym) was arrested by Xi'an police in Xianyang, Shaanxi. On August 7, he was detained on suspicion of transporting drugs.
In August 2020, the Xi'an Municipal Procuratorate filed a public prosecution with the Xi'an Intermediate People's Court. In August 2021, the Xi'an Intermediate People's Court sentenced him to life imprisonment and a fine of 100,000 yuan for illegal drug possession.
In January 2022, the Shaanxi Provincial High Court ruled to remand for a new trial on the grounds that "some of the facts in the original judgment were unclear and the evidence was insufficient". In May 2023, after the Xi'an Intermediate People's Court upheld the original verdict, Mu appealed again.
According to the notice of appearance of the Shaanxi Provincial High Court, the case of the appellant Mu's illegal possession of drugs accepted by the court is scheduled to be tried in open court at 10 a.m. on January 4 in the Ninth Court of the Yiyi District Court of Xi'an City.
>>> former Internet celebrity
When I was in my third year of high school, I could earn hundreds of yuan a day by doing live broadcasts
Mu's father told a reporter from Huashang Daily Gale News that his son was from Muchuan County, Leshan City, Sichuan Province, and was arrested before his 21st birthday.
"He was born on August 8, 1998, he arrived in Xi'an on August 6, 2019, and on his birthday on August 8, he entered the Xi'an Yiyi District Detention Center, but he did not have a family. ”
Mu (first from left) once participated in the filming of online dramas
Before the case, Mu was the anchor of a cultural media company in Muchuan County, and the short video platform account he was responsible for operating had 155,000 followers. Mu's classmates testified that they were students at a local vocational high school, and that Mu was in his third year of high school and was already earning hundreds of dollars a day when he was doing live broadcasts.
The relevant verdict shows that according to Mu's confession, around 2016, he met a fan (pseudonym), who cheered him from time to time, and swiped nearly 1,000 yuan as a gift for him at most, and the two sides added WeChat and QQ.
>>>跨省取物
claimed to have been instructed by a fan to pick up a suitcase and was caught by the police
On August 5, 2019, Mu received a WeChat call from Mr. Xuan, who asked him to help him go to Xi'an to pick up the things put by his friend, and someone over there would take them from him, and after the matter was completed, he would not only be reimbursed for the travel expenses, but also give him a reward of 20,000 yuan.
Early the next morning, Mu flew from Chengdu to Xi'an Xianyang International Airport and found a hotel near Xianyang People's Hospital. The other party asked him to go to a dry cleaner to pick up a suitcase that a man had deposited on August 5, and when he walked out of the dry cleaner with the suitcase, he was immediately arrested by the police who set up the control. Police seized 5 cans of suspected drugs with a net weight of 3,255.17 grams from the suitcase. After identification, heroin was detected in all 5 cans, with a content of 53.4%-53.9%.
The chat records extracted by the police show that during the whole process, Mu reported the road situation to him and sent him a photo of his boarding pass, and after he arrived at the laundry, the other party asked him if he had opened his suitcase and whether it was heavy, and the other party transferred 2,000 yuan, 1,000 yuan and 500 yuan to him respectively.
It is understood that the reason why Mu was arrested immediately after getting the suitcase was because someone reported it.
According to the relevant verdict, Gu Moumou (pseudonym) testified that on August 1, 2019, he searched on his mobile phone because he wanted to make some money and found a post of "bringing goods". After contacting the other party's QQ, the other party said that he would go to Xi'an to pick up the express and give him 10,000 yuan after the matter was completed. Instructed by the "upline", on August 4, 2019, Gu Moumou checked into the hotel. On the morning of August 5, he put the courier (that is, the suitcase that Mu picked up later) and a few pieces of clothes to a dry cleaner near Xianyang People's Hospital as required, and took photos of the laundry receipts and sent them to the "upline". But after that, Gu Moumou chose to call the police and cooperated with the police, waiting for the receiver to appear.
>>>经济纠纷
The classmate testified in court for the influencer, saying that the indicator owed the influencer money
Mu's father told a reporter from Huashang Daily Gale News, "This fan of his (暘) asked him to come over to get the package, and this person originally had an economic dispute with him because of the short video account, and this person sent him money." ”
"Of course we have evidence, and this platform company has also collected a lot of materials to prove this fact, and my son's classmates and others will testify in court. ”
Mu's father thinks that his son is a little wronged, "If the original verdict is upheld, we will definitely appeal to the end." ”
Before the trial, the transcript of the lawyer's meeting with Mu shows that Mu said that the judge said during the interrogation that he had to prove that there was a matter of money owed by the other party between him and Xuan.
Mu's classmates said that from the end of 2016 or the beginning of 2017, Mu had approached him, and the other party had said that he wanted to buy his account. At the beginning of 2017, Mu provided the account number and password to the other party, but the other party stole the account less than a week after taking it. ”
Mu's defense lawyer confirmed to a reporter from Huashang Daily Gale News: "His classmates have already arrived in Hubei and are ready to testify in court, and we will continue to ask for permission for them to testify in court." After being arrested abroad, he was extradited back to China, and was later handled in a separate case. ”
>>> professed innocence
The court found the defendant guilty of "illegal possession of drugs" and the influencer argued that he had been deceived
The relevant judgment states that the defendant Mu argues that he is not guilty, and he raises objections to the facts and charges of the accusation, arguing that he has a dispute with Xuan on a short video platform account, and the other party has promised to compensate him 20,000 yuan. He came to Xi'an to help the other party get things because the other party promised to repay the debt to him in advance, he was tricked into coming to Xi'an to pick up the express, and he did not know that there were drugs hidden in the trolley box.
According to the criminal verdict of the Xi'an Intermediate People's Court, according to Mu's confession during the investigation stage and the original trial, the evidence of Mu's mobile phone chat records with the "upline", the arrest and investigation process, the boarding pass, and the seized drugs formed an evidentiary chain, which is sufficient to determine that Mu Moumou was instructed by the "upline" to receive the courier with drugs, and not only collected the tolls paid by the "upline" on the way that far exceeded the cost of the express delivery in a normal way, but also reported the situation on the way to the "upline" at any time, and his behavior clearly violated the usual handover method of legal items. Combined with his confession during the investigation stage, the "upline" promised to pay him a high amount of remuneration afterwards, and his confession that he wanted to make money from it is sufficient to determine that he subjectively knew that the express package might contain drugs. The evidence in this case shows that Mu was instructed by the upline to go to the laundry to pick up the drug package when he knew that there might be drugs hidden in the package he picked, and was later arrested by the police, constituting the crime of illegal possession of drugs in accordance with the law.
In this regard, the defense lawyer has been defending Mu's innocence, saying that Mu was lured to Xianyang by Xiang Mou, who had a debt dispute with him, and that he promised to return the 20,000 yuan owed after helping, and Mu did not know about the drugs in the suitcase.
The defense lawyer told a reporter from Huashang Daily Gale News, "In the remand for retrial, the part of the interrogation record that Mu knew was successfully excluded as illegal evidence in the original trial, but after being remanded for retrial, this confession was used for the retrial judgment." ”
Huashang Daily Gale News reporter Li Hua Editor Li Zhi
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