[Case Playback].
On September 3, 2021, Qin helped his friend Chen celebrate his birthday in a local KTV, and Qin invited Huang to participate in Chen's birthday banquet in order to "warm up". In the process of everyone's entertainment, Huang said that he wanted to take drugs, so Huang asked Qin if he could help him buy them. Later, Qin agreed to Huang's request to buy a small package of drugs for 1,000 yuan and give it to Huang, and used this to earn Huang's price difference of 500 yuan. Later, Qin was arrested locally, and after trial, the court found that Qin's behavior constituted the crime of drug trafficking, and the court sentenced Qin to one year in prison and a fine of 8,000 yuan in accordance with the law.
[Lawyer on Law].
According to Article 347 of the Criminal Law, "smuggling, selling, transporting, or manufacturing narcotics, regardless of the quantity, shall be investigated for criminal responsibility and punished." Whoever smuggles, sells, transports, or manufactures more than 200 grams of opium but less than 1 kilogram, or between 10 grams and 50 grams of methamphetamine, or other drugs in relatively large quantities, is to be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined. Whoever smuggles, sells, transports, or manufactures less than 200 grams of opium, **, or less than 10 grams of methamphetamine, or other small amounts of drugs, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine. ”
In this case, Qin invited Huang to participate in Chen's birthday banquet, and in the process of everyone's entertainment, Huang expressed to Qin that he wanted to take drugs, and then Qin received 1,500 yuan from Huang and bought a small package of drugs for 1,000 yuan, so as to make a profit of 500 yuan, and gave Huang the *** he purchased, so Qin's behavior was a violation of national laws and regulations, drug trafficking, and constituted the crime of drug trafficking. It was also ascertained that Qin had been sentenced to fixed-term imprisonment for drug trafficking, and the court made the above judgment in accordance with the law in view of the sentencing circumstances such as recidivism and criminal record.
[Lawyer reminds].
Smuggling, selling, transporting, and manufacturing drugs, regardless of the quantity, should be investigated for criminal responsibility, and must not be contaminated with drugs, otherwise they will be punished by law according to law!