Jimu News Reporter Shu Longhuan
Sichuan anchor Mu Song (pseudonym) crossed provinces to pick up a suitcase for a fan. Unexpectedly, he was caught by the police. There was a large amount of drugs in the suitcase. Mu Song was sentenced to life imprisonment by the court in the first instance for illegal possession of drugs. On January 4, the second instance of the case was held in the Huyi District People's Court of Xi'an, Shaanxi Province.
Jimu News (report email: [email protected]) learned that the main focus of the trial that day was still whether Mu Song subjectively knew that drugs were hidden in the express delivery. The defender continued to defend Mu Song's innocence. In addition, two of Mu Song's classmates testified in court that day. The case was not sentenced in court.
On January 4, the second trial was held.
The express delivered by an anchor across provinces for fans actually contained drugs
Jimu News reporters learned that in August 2019, Mu Song, a 21-year-old anchor from Muchuan County, Sichuan, was instigated by a fan named Yang to travel from Chengdu to He flew to a dry cleaning shop in Xianyang, Shaanxi Province to pick up a suitcase, and was captured by the police stationed at the scene. The police found 5 cans of suspected drugs from the suitcase, totaling 3255.17 grams. After identification, the drug heroin was detected in these five cans of suspected drugs, and the content was more than 50%. Yang was found to be a fugitive in a drug trafficking case in June 2018, and was later captured in June 2020 in the Kokang Autonomous Region of Myanmar.
In August 2020, the Xi'an Municipal People's Procuratorate filed a public prosecution against Mu Song in court for committing the crime of transporting drugs. In August of the following year, the Xi'an Intermediate People's Court found Mu Song guilty of illegal possession of drugs. He was sentenced to life imprisonment and a fine of 100,000 yuan in the first instance. After Mu Song appealed, the Shaanxi High Court revoked the first-instance judgment on the grounds that "the facts were unclear and the evidence was insufficient" and the case was remanded for a new trial.
On May 22, 2023, the Xi'an Intermediate People's Court still sentenced Mu Song to life imprisonment in the first instance for "illegal possession of drugs". The retrial judgment showed that Mu Song confessed that on August 5, 2019, he received a WeChat call from his friend Yang at his home in Muchuan County. The other party told him to pick up an item at a dry cleaning store in Xianyang and that the travel expenses would be reimbursed and transferred to Mu Song paid 2,000 yuan and promised to pay 20,000 yuan after taking out the things. The next day, Mu Song flew to Xi'an and arrived at the dry cleaning shop. On the way, Mu Song kept talking to Yang. After taking out the suitcase, Mu Song was captured by the police stationed at the scene.
According to Mu Song’s account, he met Yang during a Kuaishou live broadcast in 2016. The other party gave him gifts from time to time, up to nearly a thousand yuan in gifts at a time. Later, the two added WeChat and QQ. It is understood that the Kuaishou account that Mu Song was previously responsible for operating has 155,000 fans. Data obtained by the police show that from April 2016 to January 2017, his Kuaishou account received a total of 50,821 rewards, collecting a total of 11,468.5 yuan.
Notice of Appearance
The court found him guilty of illegal possession of drugs in the first instance
When the first instance retrial opened, Mu Song argued that he had a dispute with Yang about his Kuaishou account, and Yang promised to compensate him 20,000 yuan. He went to Xi'an to help pick up things. Yang had previously promised to repay his debt, but was tricked by Yang into taking the express delivery. Furthermore, he was not aware of the drugs hidden in the suitcase, which did not constitute a crime.
After trial, the court held that Mu Song and the "upline"'s mobile phone chat records, arrest process, investigation process, departure data, boarding pass and seized drugs and other evidence were sufficient to determine that he was ordered by the "upline" to charter a car overnight. Chengdu, and immediately flew to Xianyang, and then went to the dry cleaning shop to pick up the express delivery containing drugs.
Mu Song not only collected the tolls paid by the "upline" on the way that far exceeded the cost of sending the express in the normal way, but also reported the situation on the way to the "upline" at any time. His behavior clearly violated the usual way of handing over items. Combined with Mu Song's confession during the investigation stage that the "upline" promised to pay him high remuneration afterwards and wanted to make money from it, it is enough to determine that he had subjective knowledge that drugs may be hidden in the express package.
Why was Mu Song found guilty of illegal possession of drugs instead of transporting drugs as charged by the prosecutor? The Xi'an Intermediate People's Court reheard and held that the public prosecution did not submit relevant evidence on what actions Mu Song would perform after obtaining the package, and whether his "online" informed him where to send the package and to whom. Therefore, the evidence in the case cannot prove that Mu Song will continue to carry out transportation after getting the suitcase, and there is insufficient evidence to determine that Mu Song's behavior constitutes the crime of transporting drugs.However, Mu Song's act of obtaining a package hiding drugs should be considered a crime of illegal possession of drugs according to relevant judicial interpretations.
After the first-instance retrial judgment was issued, Mu Song appealed again.
Mu Song
The focus of the second trial is still whether he was "subjectively aware"
The main focus of the first trial of the previous case was whether Mu Song was subjectively aware that the express delivery was drugs, and whether he was really deceived by fans. On January 4, the second instance of the case was held in Xi'an Huyi District People's Court. On the afternoon of the 4th, one of the defenders, lawyer Wan Miaoyan of Sichuan Dingchi Law Firm, told Jimu News reporters that the main focus of the trial that day was still whether Mu Song subjectively knew that there were drugs in the courier.
On the same day, lawyer Wan Miaoyan continued to defend Mu Song's innocence. The reason is that Mu Song did not know that there were drugs in the suitcase. The reason why he agreed to go to Xianyang, Shaanxi Province to retrieve the things was because he and Yang had a financial dispute with his Kuaishou account. "Although Mu Song is a host, his monthly salary and bonus are only Four to five thousand yuan. When the person who owed him money said that he could pay back the money if he went to get it, he believed it rashly."
At the same time, lawyer Wan Miaoyan believed that Mu Song only learned from the police when he was captured by the police. There were drugs in the suitcase. Since then, the suitcase has been under police control, and Mu Song cooperated with the police in searching for and arresting Yang. In addition, Mu Song has no history of drug involvement, and the information provided by the police also shows that Mu Song's urine tests for drugs were all negative.
When Mu Song was detained before, it was his 21st birthday. During the years of detention, he exchanged letters with his father, insisting that he was innocent. On the 4th, Mu Song's father participated in the hearing and saw his son in court. "Maybe it was because he was detained for too long. Mu Song became thinner and was not in a good mood. He was a little sad to see his family." The second trial of the
case has not yet been completed. When the verdict was announced on the afternoon of 04, Mu's father told Jimu News reporters that four witnesses in the trial, including Mu Song's classmates and friends, were willing to testify in court. However, only two of Mu Song’s classmates appeared in court to testify that day, proving that there was indeed a financial dispute between Mu Song and Yang regarding the Kuaishou account. The other two witnesses failed to appear in court for some reason. "The presiding judge asked the defender to follow up with these two witnesses to collect testimonial videos."
Mu's father said that he learned from Mu Song's classmate that Mu Song had made an agreement with Yang to He sold his Kuaishou account with 150,000 fans to Yang for 40,000 yuan. Yang paid 800 yuan first, and Mu Song handed Yang his account number and password, but within a week he discovered that his account had been stolen. Later, the two parties negotiated to each bear half of the responsibility, and the transaction price became 20,000 yuan. Mu Song once asked the above-mentioned classmate who testified to help him appeal to retrieve his account. If he could find it, he would sell it for 40,000 yuan, but it was never successful. "After the appeal failed, Mu Song frequently called Yang to ask for money, but to no avail. I once mentioned this matter with my classmates and discussed how to collect the account."
Mu's father said that during the trial, the judge asked Mu Song, "Yang has refused to contact me before and said that he had no money. Why do you believe this time (helping Yang pick up the express delivery)? Does the other party have money to pay you back?" Mu Song replied that Yang clearly told him that what he took was valuables, and he went to Xianyang to take the valuables in his own hands. If Yang didn't give him the money to buy the account, he wouldn't take the valuables. Give the items to Yang.
Mu’s father also mentioned that Mu Song stated in court that he had told about the dispute with Yang when taking notes, but the police did not record it. "The police reason is that this dispute is not directly related to this case." Mu's father relayed.
Wan Miaoyan’s lawyer said that the case was not pronounced in court on the 4th.
(Source: Jimu News)
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