"Sichuan anchor
for fans to take drug courier across provinces".
The final ruling has been made
On May 9, the reporter learned from the defendant Mou's defense lawyer and family that recently, the Shaanxi High Court made a final ruling on the case, finding that Mou "clearly knew that the goods he received were drugs and received them on his behalf, and his behavior constituted the crime of illegal possession of drugs", ruled to reject the appeal and uphold the original judgment of life imprisonment. Mou's family told reporters that they are preparing materials and will apply for a retrial.
As previously reported
January 4th
The case was tried in court in the second instance
Mou's defense lawyer once told reporters
This is the second time in this case
Appealed to the Shaanxi High Court
It is also the fourth time that he defended Mou's innocence
After a 4-hour trial
The court announced that the sentence would be handed down at a later date
Mu was previously arrested by the Xi'an Intermediate People's Court
Guilty of illegal possession of drugs
Sentenced to life imprisonment
Notice to Appear
The anchor takes the "poison express" across provinces
Sentenced to life
On January 4, Mou's defense lawyer said that Mu was born in 1998 and is from Muchuan County, Sichuan. Before the case, Mu was an anchor of a cultural media company, and the short video account he was responsible for operating had 155,000 followers. On August 6, 2019, Mu was instructed by fan Yang to take a plane from Chengdu, Sichuan Province to a laundry in Xianyang, Shaanxi Province to pick up a suitcase, and was subsequently arrested by the police who were at the scene.
According to the first-instance verdict in 2020, on August 2, 2019, the High-tech Branch of the Xi'an Municipal Public Security Bureau inquired about the information of the courier after receiving clues about the circulation of drugs in the express delivery from Kunming to Xi'an. On the morning of August 4, the express arrived at an express delivery company in Qujiang New District, Xi'an City, and investigators carried out control around the express company. The parcel was then stored in a laundry in Xianyang City after being transferred to many places.
On the morning of August 6, the police arrested Mu Mou, who was instructed by Yang to come to pick up the express delivery, in the laundry. At the scene, 5 cans of suspected drugs were seized from the express package, totaling 3255.17 grams. Heroin was detected in all five cans of suspected drugs, with levels ranging from 53.4% to 53.9%.
In August 2020, the Xi'an Municipal People's Procuratorate prosecuted Mu for the crime of transporting drugs. 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. After Mou appealed, in January 2022, the Shaanxi Provincial High Court held that "some of the facts in the original judgment were unclear and the evidence was insufficient", revoked the first-instance judgment, and remanded for a new trial. In May 2023, the Xi'an Intermediate People's Court still sentenced Mu to life imprisonment for illegal drug possession. Mu was not satisfied and appealed again.
According to the first-instance judgment of the Shaanxi High Court in 2022 after remanding for retrial, Mu argued in court that he had a dispute with Yang with a short video account, and that he came to Xi'an to help Yang pick up things because Yang had promised to repay his debts in advance, and he was tricked by Yang to get the express delivery, and he was not aware of the drugs hidden in the suitcase, and his behavior did not constitute a crime. His defender also submitted that the existence, search, and seizure of drugs in this case had serious violations of laws and regulations, and should not be used as evidence for the prosecution and the basis for the verdict. However, Mu was still sentenced to life imprisonment for illegal drug possession.
On the morning of January 4
The case was tried in court in the second instance
In the afternoon of the same day
Mou's defense lawyer said
This is the second time that the case has been appealed to the Shaanxi High Court
It is also the fourth time that he defended Mou's innocence
After a 4-hour trial
The court announced that the sentence would be handed down at a later date
Fans who reward generously
Drug-related "online"
According to the first-instance verdict after the remand for retrial, Mu confessed that he and Yang met between 2016 and 2017, when he broadcast live on the short video platform, and Yang often gave him gifts, at most nearly 1,000 yuan at a time. After that, the two sides added WeChat and QQ, and they became familiar with each other. Mu knew that Yang's nickname was "Cigar", and he was engaged in illegal things such as opening casinos and lending usury.
According to the first-instance verdict in 2020, Mu said that at about 20 o'clock on August 5, 2019, he received a WeChat call from Yang at his home in Sichuan, saying that his friend had put something in the dry cleaner in Xi'an and asked him to help pick it up, which could be reimbursed for the travel expenses, and then transferred 2,000 yuan to Mu through WeChat, and said that after the thing was taken out, he could give 20,000 yuan as a reward.
At about 5 o'clock the next day, Mu arrived in Xi'an by plane and arrived at the dry cleaner designated by Yang at 9 o'clock. During this period, Mu kept talking to Yang. He said that Yang did not tell him what was in the suitcase on the phone, but he could think of something illegal, because he wanted to earn this money and had a fluke mentality.
According to the statement issued by the police, Yang was chased by the Shaanxi police online on July 20, 2018 on suspicion of drug trafficking. In June 2020, Yang was arrested in the Kokang Autonomous Region of Myanmar. According to Yang's confession, he met Mu through watching the live broadcast, and the two had met in Sichuan, but he denied instructing Mu to participate in the transportation of drugs. Since fleeing to Myanmar in 2018 to being arrested by the public security organs, Yang said that he has been with a fellow countryman, "usually just eating and drinking, and doing nothing else."
According to the first-instance verdict after the remand for retrial, after police investigation, the WeChat account and QQ account that Yang had been using to contact him confessed by Mu had no real-name information, and "it is impossible to presume whether it is used by the same person for the time being." Mou's argument that he helped Yang pick up the express delivery was to return the debt owed to him after Yang received his short video account, which was only his one-sided statement, and there was no relevant evidence to corroborate it.
The Xi'an Intermediate People's Court held at trial that according to Mou's confession during the investigation stage and in the original trial, the mobile phone chat records between Mu and the "upline", the arrest process, the investigation process, the departure data, the boarding pass, and the seized drugs and other evidence were sufficient to determine that Mu was instructed by the "upline" to go to the dry cleaner to pick up the courier with the drugs hidden.
//
On the way, Mou not only collected the toll paid by the "upline" that far exceeded the cost of sending the express in a normal way, but also reported the situation on the way to the "upline" at any time, and his behavior clearly violated the customary handover of goods. Combined with his confession during the investigation stage, he promised to pay him a high amount of remuneration afterwards and wanted to make money from it, it is sufficient to determine that he had subjective knowledge that there might be drugs hidden in the express package.
Source: Southern Metropolis Daily, N Video (cover picture source network, unrelated to the picture and text)
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