On the morning of January 4, the second instance of the case of "a male anchor claimed that a courier package for others across provinces was found to contain drugs" that had attracted a lot of attention was held in the Huyi District People's Court of Xi'an City. Xiaoxiang Morning News reporter learned from the defense lawyer that whether the male anchor Mu Song had subjective knowledge of the drugs contained in the express delivery is still the focus of the trial.
Xiaoxiang Morning News previously reported that in August 2019, a 21-year-old man, Mu Song (pseudonym), was ordered to rush from Sichuan to Xianyang, Shaanxi Province. After getting a suitcase in a laundry, he was caught on the spot by the dispatched police. Five cans of suspected drugs were seized from the suitcase at the scene, with a total net weight of 3255.17 grams. After identification, these five cans of suspected drugs all contained heroin, with a content of more than 50%.
According to what defense lawyer Wan Miaoyan and Mu Song’s father told reporters, Mu Song, a former network anchor, was lured to Xianyang by a fan who had a debt dispute with him. The fan promised to help Mu Song after To pay off a debt of 20,000 yuan, Mu Song had no idea that there were drugs in the suitcase.
On August 23, 2021, the Xi'an Intermediate People's Court sentenced Mu Song to life imprisonment for illegal possession of drugs. Mu Song appealed, and 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," and revoked the first-instance judgment and remanded the case for retrial. In May 2023, the Xi'an Intermediate People's Court held that the relevant evidence was sufficient to determine that he had subjective knowledge that drugs might be hidden in the express package, and there was no evidence or clues showing the intervention of special circumstances or criminal intent. Mu Song was guilty of illegal possession of drugs. He was convicted of drug charges and sentenced to life imprisonment. Mu Song appealed again. In this second trial, the defense lawyer continued to plead not guilty for Mu Song.
Xiaoxiang Morning News previously reported that Mu Song said that after he sold his Kuaishou account to a fan named Yang, Yang failed to pay the 20,000 yuan he was due; this time he helped Yang pick up his luggage in Xianyang because Yang promised to pay back 20,000 yuan. Ten thousand yuan. However, the first instance of the Xi'an Intermediate People's Court held that the description of the debt was one-sided and there was no relevant evidence to corroborate it. In addition, Yang was originally a fugitive in a drug trafficking case in June 2018, and was later captured in June 2020 in the Kokang Autonomous Region of Myanmar. According to Yang’s interrogation transcript, he denied that he had contacted Mu Song in August 2019 and had not used other social accounts. According to police investigation, the multiple "online" accounts that Mu Song communicated with before and after he went to Xianyang to pick up his luggage did not have real-name information. The relevant evidence cannot yet be used to infer whether the above accounts are used by the same person.
On the afternoon of January 4, defense lawyer Wan Miaoyan also told a Xiaoxiang Morning News reporter that the direction of the defense was based on relevant legal provisions and starting from the existing evidence, which was not enough to judge that Mu Song had subjective knowledge of the drugs contained in the express delivery. In addition, witnesses appeared in court to testify about Mu Song’s defense, that is, there was a financial dispute between Mu Song and Yang regarding the Kuaishou account.
Wan Miaoyan said that in court, the prosecutor did not accept the witness's testimony. "The prosecutor believed that Mu Song had thought that there were contraband in the box, so there was a possibility that he knew it was drugs."
Regarding whether Mu Song had subjective knowledge of , it was mentioned in the first-instance judgment of Xi'an Intermediate People's Court that a comprehensive review concluded that the evidence formed The chain was enough to confirm that Mu Song was ordered by his "upper line" to charter a car overnight and rush to Chengdu. He immediately took a plane to Xianyang City, and then went to the agreed laundry to pick up the express delivery containing drugs. Mu Song not only collected tolls paid by his "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 customary handover method of legal items. Combined with his use during the investigation stage His confession "online" promised to pay him a high reward afterwards, and his confession that he wanted to make money from it was enough to determine that he had subjective knowledge that drugs might be hidden in the express package.
Xiaoxiang Morning News reporter learned that the second trial will be pronounced at a later date.
Xiaoxiang Morning News reporter Wu Chen Xingzi
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