The case of "Sichuan anchor delivering drugs by courier across provinces for his fans" has been finalized.
html On May 9, reporters learned from defendant Mou’s defense lawyer and family that recently, the Shaanxi High Court made a final ruling on the case, finding that Mou “knowingly received the goods on his behalf and accepted them on his behalf, and his behavior constituted "Illegal possession of drugs", the ruling dismissed the appeal, and upheld the original verdict of life imprisonment. Mou’s family told reporters that they are preparing materials and will apply for retrial.Anchor who traveled across provinces to take "drug couriers" was sentenced to life.
Mou was born in 1998 in Muchuan County, Sichuan. Before the incident, Mou was an anchor for a cultural media company, and the short video account he was responsible for operating had 155,000 fans. On August 6, 2019, Mou was instigated by fan Yang to fly from Chengdu, Sichuan to a laundry in Xianyang, Shaanxi to pick up a suitcase , and was subsequently captured by the police who were stationed at the scene.
The 2020 first-instance judgment shows that on August 2, 2019, the High-tech Branch of the Xi'an Municipal Public Security Bureau received clues that there were drugs flowing in the express delivery from Kunming to Xi'an, and immediately inquired about the express delivery information. On the morning of August 4, the express arrived at an express delivery company in Qujiang New District, Xi'an City, and investigators conducted surveillance around the express company. The express package moved around many places and was stored in a laundry in Xianyang City.
html On the morning of August 6, the police captured Mou Mou who was ordered by Yang to come to pick up the express delivery. On site, 5 cans of suspected drugs were seized from the express package, totaling 3255.17 grams. After identification, the drug heroin was detected in these five cans of suspected drugs, with a content of 53.4% to 53.9%.In August 2020, the Xi'an People's Procuratorate filed a public prosecution in court against Mou for the crime of transporting drugs. In August 2021, Xi'an Intermediate People's Court sentenced him to life imprisonment for illegal possession of drugs and fined him 100,000 yuan. After Mou appealed, in January 2022, the Shaanxi Provincial High Court believed that "some of the facts in the original judgment were unclear and the evidence was insufficient", revoked the first-instance judgment and remanded the case for retrial. In May 2023, Xi'an Intermediate People's Court still sentenced Mou to life imprisonment for illegal possession of drugs. Mou was dissatisfied and appealed again.
According to the first-instance judgment issued by the Shaanxi High Court after retrial, Mou argued in court that he and Yang had a dispute over a short video account, and that he came to Xi'an to help Yang pick up things because Yang had previously promised to repay his debt. , was deceived by Yang to pick up the express delivery, and he was not aware of the drugs hidden in the suitcase, so his behavior did not constitute a crime. ’s defender also pointed out that the existence, search, and seizure of drugs in this case were serious violations of laws and regulations, and should not be used as evidence for public prosecution and the basis for judgment.
On January 4 this year, the second instance of the case was heard. In the afternoon of that day, Mou's defense lawyer told reporters that this was the second time the case had been appealed to the Shaanxi High Court and the fourth time he had defended Mou as not guilty. After a four-hour trial, the court announced a scheduled sentencing.
Fans who generously rewarded became drug-related "online"
According to Mou's confession, he and Yang met between 2016 and 2017. At that time, he was live broadcasting on the short video platform, and Yang often gave him gifts to support him. , at most I bought nearly a thousand yuan in gifts at one time. After that, the two parties added WeChat and QQ, and gradually became familiar with each other. Mou knew that Yang's nickname was "Cigar" and that he was engaged in illegal things such as opening a casino and making loan sharks.
Mou said that at about 20:00 on August 5, 2019, he received a WeChat call from Yang at his home in Sichuan, saying that his friend had left something in a dry cleaning shop in Xi'an and asked him to help pick it up and the travel expenses would be reimbursed. Then he transferred 2,000 yuan to Mou through WeChat and said that after taking out the tool, he would be rewarded with 20,000 yuan.
At about 5 o'clock the next day, Mou arrived in Xi'an by plane, and arrived at the dry cleaning shop designated by Yang at about 9 o'clock. During this period, Mou kept talking to Yang. Mou said that Yang did not tell him what was in the suitcase on the phone, but he could think of something illegal, and he wanted to make money, so he took chances.
The situation statement issued by the police shows that on July 20, 2018, Yang was chased online by the Shaanxi police on suspicion of drug trafficking. In June 2020, Yang was captured in the Kokang Autonomous Region of Myanmar. According to Yang's confession, he met Mou while watching the live broadcast. The two had met in Sichuan, but he denied instructing Mou to participate in the transportation of drugs. From the time he fled to Myanmar in 2018 until he was captured by the public security organs, Yang said that he had been with a fellow villager, "usually just eating and drinking, and doing nothing else."
After police investigation, Mou confessed that the WeChat ID and QQ account that Yang had been using to communicate with him did not have real-name information, and "it is currently impossible to infer whether they are used by the same person." Mou argued that he helped Yang pick up the express delivery in order to get back the debt Yang owed after receiving his short video account. This was only one side of the story and there was no relevant evidence to support it.
Xi'an Intermediate People's Court held that, based on Mou's confession during the investigation stage and the original trial, Mou and "online" mobile phone chat records, arrest process, investigation process, departure data, boarding pass and seized drugs and other evidence , is enough to determine that Mou was instructed by the "upline" to go to the dry cleaning shop to receive the express delivery containing drugs.
Mou not only collected the travel expenses paid by the "upline" that far exceeded the cost of sending the express delivery, 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 his confession during the investigation stage that "online" promised to pay him a high reward afterwards and wanted to make money from it, it is enough to determine that he had subjective knowledge that drugs might be hidden in the express package.
Source: Southern Metropolis Daily
