Li Shide of the accused person, male, 44 years old, couplet of 9 flesh of brook of dragon slope aubergine factory worker.
Zhang Shuming of the accused person, male, 38 years old, be out of job personnel. Was taught 3 years by fatigue because of theft, bilk on September 9, 1980; On September 23, 1983, on August 24, 1991 because make theft, be sentenced twice respectively the set term of imprisonment is mixed 9 years １ year, was released after serving a sentence on August 23, 1993.
Li Shide, Zhang Shuming traffics Yunnan of narcotics brief of a case to save put on record of public security bureau of county of Shi Zong of music pacify area to investigate. Investigate terminative hind move send procuratorial work mechanism to examine sue. Area of Xiang Qujing of branch department of procuratorial work of music pacify area is intermediate on June 11, 1998 people court to sue. The indictment maintains facts of afore-mentioned crime of the accused person to be as follows:
Zhang Shuming of the accused person made an appointment with Li Shide to arrive together in July 1993 think of cogongrass to buy drugs, decide by Zhang Shuming outlet cost reachs poison endowment, plum responsible connection is bought. Arrive after Yunnan, because did not buy drugs temporarily, zhang Shuming answers Chongqing first, li Jixu stays in the side that think of cogongrass its buy herion. After Li Lian will fasten drugs August, call inform Zhang Shuming sends money to think of cogongrass. Zhang Shuming calls duckweed of its concubine Xue to carry first 2. 90 thousand yuan of poison endowment find Li Shide. 2 people give the paragraph Bie Linfei (other case is handled) buy drugs, subsequently Zhang Shuming also arrives think of cogongrass. Because produce contradiction with Li Shide, return Chongqing first. Li Shide of the accused person was carried on October 6, 1993 199. When 5 gram herion returns Kunming, be seized by public security policemen in Kunming railway station. Li Shide will guide public security policemen on October 9, arrest Zhang Shuming.
Area of pacify of Yunnan province music is intermediate on August 13, 1997 after people court is tried, sentence Li Shide capital punishment in order to carry drugs crime, postpone a deadline is carried out two years, privative politics right is lifelong; Sentence Zhang Shuming set term of imprisonment in order to traffic drugs crime 5 years.
After first instance is adjudged, person of 2 the accused does not appeal.
Branch department of procuratorial work of music pacify area thinks, first instance adjudicates qualitative to Li Shide of the accused person mistake, applicable law is undeserved, light to abnormal of measurement of penalty of Zhang Shuming of the accused person. To Yunnan province senior people court mentioned on October 23, 1997 counterappeal. Yunnan saves people procuratorate to back opinion of counterappeal of branch department of procuratorial work of music pacify area. Counterappeal reason:
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