Divorced woman Li Lianhua.
The names of the people involved in the article have been changed).
I cherish the relationship with my "boyfriend" Huang Yue.
Even the keys to the house were given to Yellow Moon.
Even if he knows that he already has a family.
He is also a "veteran" drug addict.
Li Lianhua let Huang Yue be in her room.
Smoking illegally purchased methadone.
It is also allowed to store methadone in the room.
Even help Yellow Moon.
Methadone has been sold on several occasions.
After the matter was revealed.
Yellow Moon took responsibility for the first time.
Pushed it on Li Lianhua.
has no bottom line to help her boyfriend, but unfortunately she is involved in drugs.
Li Lianhua, a divorced woman who is nearly 50 years old, is an employee of a township hospital, because she is about to retire and her children are working in other places, she wants to find a partner and enjoy her happy life after retirement.
At the beginning of 2017, Li Lianhua met Huang Yue, a former temporary worker of a certain unit. Huang Yue is 4 years younger than Li Lianhua, she looks energetic and can speak. The two quickly established a romantic relationship. Li Lianhua cherished this relationship very much, and gave the key to the house to Huang Yue.
But it didn't take long for Li Lianhua to find out that Huang Yue not only already had a family, but also a "senior" drug addict, who had been taking methadone regularly in a methadone smoking center to maintain**, and most of his "friends" were drug addicts.
Due to Huang Yue's drug addiction, the dosage taken in the smoking center was strictly controlled, and his needs could not be met, so Huang Yue bought methadone obtained illegally from her "friends" around her to smoke.
Methadone is a highly controlled product under strict control by the state, and without approval, no unit or individual shall carry out activities such as operation, use, storage, and transportation. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Drug Crime Cases clearly stipulates the quantitative standards for conviction and sentencing for smuggling, trafficking, transporting, manufacturing, and illegally possessing methadone.
Since Huang Yue is only a temporary worker in a certain unit, his income is meager, and it is difficult to support the purchase demand of methadone. For this reason, Huang Yue "sucked by selling" while frantically pursuing Li Lianhua and offering great hospitality.
Li Lianhua was moved by Huang Yue's "dedication", not only accepted Huang Yue's "imperfection", but also gradually lost herself in Huang Yue's sweet words, not only allowing Huang Yue to smoke illegally purchased methadone in her room, but also allowing her to store methadone in her room. Huang Yue also "borrowed" money from Li Lianhua from time to time to buy methadone for smoking.
In January 2020, in order to alleviate the economic pressure and Huang Yue's persuasion, Li Lianhua agreed to work with Huang Yue to find methadone to sell.
Huang Yue is responsible for finding "goods" and customers;Li Lianhua is responsible for "buying" at 130 yuan per bottle, storing it in the refrigerator at home, and then "shipping" it to Huang Yue's friends at 230 yuan per bottle, and using her WeChat collection code to collect sales funds.
Li Lianhua worked closely with Huang Yue to sell methadone to a number of drug addicts on several occasions. It was not until the evening of December 11, 2021 that the public security police knocked on the door of Li Lianhua's house and seized 8 bottles of methadone in the refrigerator in her house on the spot. Not long after, Huang Yue was also arrested. After identification, methadone was detected in the seized drugs, with a net weight of 74498 grams.
In accordance with article 2 of the "Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Drug Crime Cases", smuggling, selling, transporting, manufacturing, or illegally possessing methadone between 200 grams and less than 1,000 grams shall be found to be "other drugs in relatively large quantities" as provided for in paragraph 3 of article 347 and article 348 of the Criminal Law. In accordance with the provisions of paragraph 3 of Article 347 of the Criminal Law, whoever smuggles, sells, transports, or manufactures "other drugs in relatively large quantities" shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.
Her boyfriend shirked her responsibilities, and she became a "backstabber".
After learning of the legal consequences of selling methadone, Li Lianhua regretted it and truthfully confessed the facts of the crime to the public security organs, and actively cooperated with the investigation and evidence collection. Li Lianhua's urine was tested on the spot, and the result was negative.
However, Huang Yue, who is "able to speak well", flatly denied the fact of selling methadone, and put the responsibility on Li Lianhua, saying that she was just "matchmaking" for Li Lianhua and introducing others to buy methadone from Li Lianhua, and the methadone seized at Li Lianhua's house was Li Lianhua's, and she was just "rubbing food" for free.
It turned out that Huang Yue's approach to Li Lianhua was premeditated. Huang Yue met Li Lianhua because she had been to a methadone smoking center many times, and when she learned that Li Lianhua was divorced and living alone, she "took advantage of the situation" and approached Li Lianhua in the name of marriage and love, pulled her "into the water", and used Li Lianhua's work status to sell methadone.
Moreover, the cunning Yellow Moon never directly participated in the sale, and asked people to contact Li Lianhua to buy it through **. The purpose is that once he is investigated and punished, he can push the responsibility on Li Lianhua, and he will "stay out of the matter".
In fact, judging from the evidence collected, Li Lianhua has 71 records of transferring money to the "upper family" to buy methadone, and dozens of records of receiving drug funds from the "next family", while Huang Yue has no other traces of drug trafficking except for the record of playing **. Therefore, Li Lianhua is the person who directly sells methadone.
In February 2022, during the transfer of the case to the Dianbai District Procuratorate of Maoming City, Guangdong Province for review and prosecution, the prosecutor in charge actively guided the investigating authorities to focus on collecting and improving relevant evidence related to Huang Yue's trafficking in methadone, and determined that Huang Yue played a greater role than Li Lianhua in the process of selling methadone, and put forward a heavier sentencing recommendation for him than Li Lianhua in accordance with the law.
In May 2022, the Dianbai District Procuratorate of Maoming City prosecuted Huang Yue and Li Lianhua on suspicion of drug trafficking.
On September 26, 2022, the court of first instance found that Li Lianhua violated national drug management regulations by repeatedly selling the drug methadone to others, and the amount of drugs was relatively large, and her behavior constituted the crime of drug trafficking, played a major role in the joint crime, and was the principal offender, and sentenced Li Lianhua to seven years in prison and a fine of RMB 20,000 in accordance with the lawHuang Yue's intermediary introduced Li Lianhua's drug trafficking to drug addicts, played a secondary role in the joint crime, and was an accomplice, and should be given a lighter, commuted punishment, or waived punishment, and sentenced Huang Yue to two years imprisonment and a fine of 6,000 yuan.
At this point, Li Lianhua realized that she was "used" so thoroughly, and she was full of grief and resentment.
Find the real culprit.
On September 30, 2022, after a comprehensive analysis of the first-instance judgment, the Maoming Dianbai District Procuratorate filed a protest in accordance with the law on the grounds that the first-instance judgment was wrong in determining facts and wrong in applying the law, and was supported by the Maoming Municipal Procuratorate.
After the case entered the second-instance trial procedure, Wang Huihua, Secretary of the Party Leadership Group and Procurator General of the Maoming Municipal Procuratorate, requested that systematic thinking be used to grasp the whole and grasp the key points, comprehensively and meticulously sort out the evidence of the whole case, make the evidence alive and moving, and truly give full play to the effective value of the evidence.
The procurator undertaking the case verifies the whereabouts of each fund one by one in a large amount of data, uses big data application technology and methods to compare and analyze the call records of relevant personnel, and conducts horizontal, vertical, and cross-correlation analysis with other relevant evidence, and guides the investigating organs to seize the "Shangjia" (handled in a separate case) based on the clues collated, and collect and improve relevant evidence.
In the end, it was confirmed that Huang Yue played a key role in the initiation and conclusion of each transaction, and was also the main beneficiary after each transaction, and it was not just a simple "intermediary introduction".
On February 21, 2023, the court of second instance heard the case in public, and the prosecutor of the Maoming Municipal Procuratorate appeared in court to support the prosecution. In the end, the court of second instance adopted the procuratorate's protest opinion, and found that Huang Yue and Li Lianhua had the same status and role in the joint crime, and there was no distinction between principal and subordinate.
On May 19, 2023, the court of second instance made a second-instance judgment in accordance with the law, commuting Huang Yue's sentence to eight years in prison and a fine of RMB 20,000.
*: Fangyuan Magazine].
*: China's anti-narcotics.