目录

1.陈浩亮贩卖、运输毒品、于喜库贩卖毒品案

2.邓科贩卖、制造毒品、非法持有枪支、弹药、容留他人吸毒、黄浩、黄可荣制造毒品、刘鹏贩卖毒品案

3.王祖文故意杀人、故意伤害案

4.苏楚洁贩卖毒品案

5.张清国教唆他人吸毒案

案例1

陈浩亮贩卖、运输毒品、于喜库贩卖毒品案

——跨省贩卖、运输毒品，数量大，

且均具有从重处罚情节，罪行极其严重

（一）基本案情

被告人陈浩亮，男，汉族，1971年4月26日出生，无业。1989年10月9日因犯盗窃罪、抢劫罪被判处无期徒刑，剥夺政治权利终身，2006年7月29日刑满释放。

被告人于喜库，男，汉族，1962年10月7日出生，无业。1996年11月21日因犯贩卖毒品罪被判处有期徒刑九年；2004年9月8日因犯贩卖毒品罪被判处有期徒刑二年，并处罚金人民币一千元，2006年5月5日刑满释放。

2011年初，被告人陈浩亮从外地购回甲基苯丙胺（冰毒）700克，因质量不好未能全部卖出，剩余683.32克毒品藏于其辽宁省鞍山市的住所内。

2011年9月8日，被告人陈浩亮到广东省广州市，从被告人于喜库处购得甲基苯丙胺300克及少量甲基苯丙胺片剂（“麻古”）带回鞍山市，向多人进行贩卖，所剩81克甲基苯丙胺在案发后被查获。

2011年9月25日，被告人陈浩亮再次前往广州市，从被告人于喜库处购得甲基苯丙胺2474.5克、甲基苯丙胺片剂57.1克。同月28日，陈浩亮回到其鞍山市的住所楼下时被抓获，公安人员当场查获本次所购毒品。公安人员还在陈浩亮住所内查获前述质量不好的甲基苯丙胺683.32克，以及含甲基苯丙胺成分的红色粉末21.71克、甲基苯丙胺片剂2.05克。陈浩亮到案后协助公安人员抓获于喜库。

综上，被告人陈浩亮贩卖、运输甲基苯丙胺和甲基苯丙胺片剂共计3500余克；被告人于喜库贩卖甲基苯丙胺和甲基苯丙胺片剂共计2800余克。

（二）裁判结果

本案由辽宁省鞍山市中级人民法院一审，辽宁省高级人民法院二审。最高人民法院对本案进行了死刑复核。

法院认为，被告人陈浩亮非法贩卖、运输甲基苯丙胺，其行为已构成贩卖、运输毒品罪；被告人于喜库非法贩卖甲基苯丙胺，其行为已构成贩卖毒品罪。陈浩亮多次贩卖、运输毒品，数量大，社会危害大，罪行极其严重，且其曾因犯盗窃罪、抢劫罪被判处无期徒刑，刑罚执行完毕后又犯罪，主观恶性深，人身危险性大，应依法惩处。虽然陈浩亮具有重大立功表现，但不足以从轻处罚。于喜库贩卖毒品数量大，社会危害大，罪行极其严重，且其曾两次因犯贩卖毒品罪被判刑，刑罚执行完毕后又犯贩卖毒品罪，系毒品再犯，主观恶性深，人身危险性大，应依法从重处罚。据此，依法对被告人陈浩亮、于喜库均判处并核准死刑。

罪犯陈浩亮、于喜库已于2014年9月26日被依法执行死刑。

案例2

邓科贩卖、制造毒品、非法持有枪支、弹药、容留他人吸毒、黄浩、黄可荣制造毒品、刘鹏贩卖毒品案

——制造、贩卖氯胺酮，数量大，罪行极其严重

（一）基本案情

被告人邓科，男，汉族，1986年9月13日出生，无业。

被告人黄浩，男，汉族，1985年7月23日出生，农民。

被告人刘鹏，男，汉族，1985年11月14日出生，无业。

被告人黄可荣，男，汉族，1974年12月20日出生，农民。

2010年7月，被告人邓科出资让被告人黄浩在四川省双流县黄浩的老家修建房屋用于制造毒品。黄浩建好房屋后，纠集被告人黄可荣制造氯胺酮。同年8月中下旬到9月初，黄浩共制造出3批氯胺酮，均交给邓科并领取报酬，邓科安排被告人刘鹏进行贩卖。同年9月2日，邓科租赁了四川省成都市某小区403房用于存放毒品。同月5日，公安人员在成都市另一小区抓获在房内吸毒的邓科等4人，当场查获氯胺酮26.55克，含甲基苯丙胺、氯胺酮成分的白色晶体5.93克，仿“六四”式手枪1支及子弹35发。公安人员另从邓科身上搜出上述403房的钥匙，在该房内查获氯胺酮13486克，后从黄浩家中查获大量制毒原料及制毒工具。

（二）裁判结果

本案由四川省成都市中级人民法院一审，四川省高级人民法院二审。最高人民法院对本案进行了死刑复核。

法院认为，被告人邓科伙同他人非法制造、贩卖氯胺酮，其行为已构成贩卖、制造毒品罪；邓科非法持有具有杀伤力的枪支、子弹，其行为又构成非法持有枪支、弹药罪；邓科容留他人吸食毒品，其行为还构成容留他人吸毒罪。在制造毒品共同犯罪中，邓科提供资金与交通工具，支配制造出的毒品，起组织、指挥作用，系罪责最大的主犯，应当按照其所参与和指挥的全部犯罪处罚；被告人黄浩、黄可荣在邓科的纠集下参与制造毒品，在共同犯罪中作用小于邓科。在贩卖毒品共同犯罪中，邓科安排被告人刘鹏贩卖毒品，亦系主犯；刘鹏在邓科的纠集下参与贩卖毒品，作用小于邓科。邓科制造、贩卖毒品数量大，其中部分毒品已流入社会，社会危害大，罪行极其严重，应依法惩处。对邓科所犯数罪，应依法并罚。据此，依法对被告人邓科判处并核准死刑，对被告人黄浩、刘鹏、黄可荣分别判处无期徒刑、有期徒刑十五年、有期徒刑七年。

罪犯邓科已于2015年2月12日被依法执行死刑。

案例3

王祖文故意杀人、故意伤害案

——吸毒后杀害养祖父母，并致养父受伤，罪行极其严重

（一）基本案情

被告人王祖文，男，汉族，1992年12月18日出生，无业。

被告人王祖文自幼由养祖父王清渠（被害人，殁年80岁）、养祖母陈素莲（被害人，殁年76岁）抚养长大，案发前长期吸食氯胺酮。2013年8月11日，王祖文在福建省永春县某小区家中再次吸食氯胺酮。次日凌晨，王祖文产生杀害王清渠、陈素莲之念，遂从其卧室拿出一把双刃长剑到王清渠、陈素莲的卧室，持剑朝熟睡中的王清渠、陈素莲乱砍乱刺，致二被害人均因锐器刺破心脏而死亡。后王祖文从窗户爬出跳至楼下，王祖文的养父王伟艺（被害人，时年51岁）闻讯赶到，王祖文又持剑砍击王伟艺，致王伟艺受轻伤。

（二）裁判结果

本案由福建省泉州市中级人民法院一审，福建省高级人民法院二审。最高人民法院对本案进行了死刑复核。

法院认为，被告人王祖文持剑砍刺其养祖父母，致二人死亡，并持剑砍伤其养父，其行为已分别构成故意杀人罪、故意伤害罪。王祖文吸食毒品后行凶杀人、伤人，致2人死亡、1人轻伤，犯罪情节恶劣，手段残忍，后果和罪行极其严重，应依法惩处。对王祖文所犯数罪，应依法并罚。据此，依法对被告人王祖文判处并核准死刑。

罪犯王祖文已于2015年6月23日被依法执行死刑。

案例4

苏楚洁贩卖毒品案

——多次零包贩卖毒品，且系累犯和毒品再犯，依法严惩

（一）基本案情

被告人苏楚洁，男，汉族，1988年4月24日出生，农民。2011年10月9日因犯贩卖毒品罪被判处有期徒刑一年四个月，并处罚金人民币六千元，2012年1月16日刑满释放。

被告人苏楚洁为以贩养吸，在广东省潮州市多次将海洛因贩卖给2名吸毒人员。2014年2月至3月间，苏楚洁在该市潮安区一陶瓷厂附近，先后15次向吸毒人员苏某杭贩卖海洛因，每次0.1克，价格为100元。同年7月至8月间，苏楚洁在潮安区一菜市场附近，以相同价格先后15次向吸毒人员苏某贩卖海洛因，每次0.1克。同年10月25日，公安人员抓获苏楚洁，并从其身上查获海洛因0.85克。

（二）裁判结果

本案由广东省潮州市潮安区人民法院审理。

法院认为，被告人苏楚洁非法贩卖海洛因，其行为已构成贩卖毒品罪。苏楚洁多次贩卖毒品，情节严重，且其曾因犯贩卖毒品罪被判刑，在刑罚执行完毕后五年内又犯贩卖毒品罪，系累犯和毒品再犯，主观恶性深，人身危险性大，应依法从重处罚。据此，依法对被告人苏楚洁判处有期徒刑三年九个月。

宣判后，在法定期限内没有上诉、抗诉，上述裁判已于2015年5月1日发生法律效力。

案例5

张清国教唆他人吸毒案

——吸毒人员教唆他人吸毒，依法惩处

（一）基本案情

被告人张清国，男，汉族，1988年5月22日出生，无业。2014年3月4日因犯诈骗罪被判处有期徒刑十个月，并处罚金人民币五千元。

被告人张清国因犯诈骗罪被判刑后，因患病未能交付执行。2014年12月8日晚，张清国从邱鹏程（另案处理，已判刑）处购得毒品，当晚再次向邱鹏程购买毒品，并让其同学林某阳驾车去邱鹏程处接取。林某阳将毒品送至浙江省温州市某小区张清国家，张清国称该物品系冰毒，并向林某阳介绍吸食冰毒后的体验，邀其共同吸食。张清国当场演示如何吸毒，后林某阳仿效张清国的方法吸食冰毒。同月11日下午，林某阳在张清国家中通过上述方式再次吸食张清国提供的冰毒时，二人被公安人员抓获。张清国到案后协助公安人员抓获了邱鹏程。

（二）裁判结果

本案由浙江省温州市龙湾区人民法院审理。

法院认为，被告人张清国向他人介绍毒品种类，宣扬吸毒体验，示范吸毒方法，邀约他人共同吸毒，其行为已构成教唆他人吸毒罪。张清国曾因犯诈骗罪被判刑，在刑罚执行完毕以前又犯教唆他人吸毒罪，对其所犯数罪，应依法并罚。张清国具有立功情节，且归案后如实供述罪行，依法可从轻处罚。据此，依法对被告人张清国以教唆他人吸毒罪判处有期徒刑八个月，与原犯诈骗罪尚未执行完毕的刑罚并罚，决定执行有期徒刑一年三个月。

宣判后，在法定期限内没有上诉、抗诉，上述裁判已于2015年5月5日发生法律效力。

catalogue

1. Chen Haoliang's trafficking, transportation of drugs, and drug trafficking in Xiku

2. Deng Ke's trafficking, drug manufacturing, illegal possession of firearms and ammunition, allowing others to take drugs, Huang Hao, Huang Kerong's drug manufacturing, and Liu Peng's drug trafficking cases

3. Wang Zuwen's intentional homicide and intentional injury case

4. Su Chujie's drug trafficking case

5. Case of Zhang Qingguo instigating others to take drugs

Case 1

Chen Haoliang's trafficking, transportation of drugs, and drug trafficking in Xiku

——Selling and transporting drugs across provinces in large quantities,

And all of them have severe punishment circumstances, and the crime is extremely serious

（1） Basic facts of the case

The defendant Chen Haoliang, male, Han nationality, was born on April 26, 1971, unemployed. On October 9, 1989, he was sentenced to life imprisonment for theft and robbery, deprived of political rights for life. He was released after serving his sentence on July 29, 2006.

The defendant Yu Xiku, male, Han nationality, was born on October 7, 1962, unemployed. On November 21, 1996, he was sentenced to nine years in prison for the crime of drug trafficking; On September 8, 2004, he was sentenced to two years in prison and fined RMB 1000 for the crime of drug trafficking. He was released after serving his sentence on May 5, 2006.

At the beginning of 2011, the defendant Chen Haoliang purchased 700 grams of methamphetamine (methamphetamine) from another city, but was unable to sell them all due to poor quality. The remaining 683.32 grams of the drug were stored in his residence in Anshan City, Liaoning Province.

On September 8, 2011, the defendant Chen Haoliang went to Guangzhou, Guangdong Province and purchased 300 grams of methamphetamine and a small amount of methamphetamine tablets ("Magu") from the defendant at Xiku, bringing them back to Anshan City for sale to multiple people. The remaining 81 grams of methamphetamine were seized after the incident.

On September 25, 2011, the defendant Chen Haoliang went to Guangzhou again and purchased 2474.5 grams of methamphetamine and 57.1 grams of methamphetamine tablets from the defendant at Xiku. On the 28th of the same month, Chen Haoliang was arrested when he returned to his residence downstairs in Anshan City, and public security personnel seized the drugs he had purchased on the spot. Public security personnel also seized 683.32 grams of substandard methamphetamine, as well as 21.71 grams of red powder containing methamphetamine and 2.05 grams of methamphetamine tablets in Chen Haoliang's residence. After Chen Haoliang arrived at the scene, he assisted public security personnel in capturing Yu Xiku.

In summary, the defendant Chen Haoliang sold and transported over 3500 grams of methamphetamine and methamphetamine tablets; The defendant sold over 2800 grams of methamphetamine and methamphetamine tablets in Xiku.

（2） Judgment results

This case was first instance by the Intermediate People's Court of Anshan City, Liaoning Province, and second instance by the Higher People's Court of Liaoning Province. The Supreme People's Court conducted a death penalty review of this case.

The court believes that the defendant Chen Haoliang illegally sold and transported methamphetamine, which constitutes the crime of drug trafficking and transportation; The defendant illegally trafficked methamphetamine in Xiku, which constitutes the crime of drug trafficking. Chen Haoliang has repeatedly sold and transported drugs in large quantities, posing great social harm, and committing extremely serious crimes. He has also been sentenced to life imprisonment for committing theft and robbery, and has committed crimes again after completing the sentence. His subjective malignancy is deep, and his personal danger is high, and he should be punished in accordance with the law. Although Chen Haoliang has made significant contributions, it is not enough to receive a lenient punishment. Yu Xiku sells a large number of drugs with great social harm and extremely serious crimes. He has been sentenced twice for the crime of drug trafficking, and after the execution of the sentence, he committed the crime of drug trafficking again. This is a repeat drug offense, with a deep subjective malignancy and high personal danger, and should be punished severely according to law. Based on this, the defendants Chen Haoliang and Yu Xiku were sentenced and approved to death in accordance with the law.

Criminals Chen Haoliang and Yu Xiku were executed in accordance with the law on September 26, 2014.

Case 2

Deng Ke's trafficking, drug manufacturing, illegal possession of firearms and ammunition, allowing others to take drugs, Huang Hao, Huang Kerong's drug manufacturing, and Liu Peng's drug trafficking cases

——Manufacturing and trafficking of ketamine in large quantities with extremely serious crimes

（1） Basic facts of the case

The defendant Deng Ke, male, Han nationality, was born on September 13, 1986, unemployed.

The defendant Huang Hao, male, Han nationality, was born on July 23, 1985 and is a farmer.

The defendant Liu Peng, male, Han nationality, was born on November 14, 1985, unemployed.

The defendant Huang Kerong, male, Han nationality, was born on December 20, 1974 and is a farmer.

In July 2010, the defendant Deng Ke funded the construction of a house in Huang Hao's hometown in Shuangliu County, Sichuan Province, for the purpose of manufacturing drugs. After Huang Hao built the house, he gathered the defendant Huang Kerong to manufacture ketamine. From mid to late August to early September of the same year, Huang Hao produced three batches of ketamine, all of which were handed over to Deng Ke for payment. Deng Ke arranged for the defendant Liu Peng to sell them. On September 2 of the same year, Deng Ke leased Room 403 of a residential area in Chengdu, Sichuan Province for storing drugs. On the 5th of the same month, public security personnel arrested Deng Ke and four others who were taking drugs in another residential area in Chengdu. On the spot, they seized 26.55 grams of ketamine, 5.93 grams of white crystals containing methamphetamine and ketamine, 1 imitation "64" pistol, and 35 rounds of bullets. Public security personnel also found the keys to Room 403 from Deng Ke, and found 13486 grams of ketamine in the room. Later, they seized a large amount of drug making materials and tools from Huang Hao's home.

（2） Judgment results

This case was first instance by the Intermediate People's Court of Chengdu City, Sichuan Province, and second instance by the Higher People's Court of Sichuan Province. The Supreme People's Court conducted a death penalty review of this case.

The court believes that the defendant Deng Kegang illegally manufactured and sold ketamine with others, which constitutes the crime of drug trafficking and manufacturing; Deng Ke illegally holds lethal firearms and ammunition, and his behavior constitutes the crime of illegally holding firearms and ammunition; Deng Ke's behavior of allowing others to take drugs also constitutes the crime of allowing others to take drugs. In the joint crime of manufacturing drugs, Deng Ke provided funds and transportation, controlled the drugs produced, played an organizing and directing role, and was the most responsible principal offender. He should be punished according to all the crimes he participated in and commanded; Defendants Huang Hao and Huang Kerong participated in drug manufacturing under the instigation of Deng Ke, and their role in joint crimes was smaller than that of Deng Ke. In the joint crime of drug trafficking, Deng Ke arranged for the defendant Liu Peng to sell drugs, who is also the main culprit; Liu Peng participated in drug trafficking under the guidance of Deng Ke, and his role was smaller than that of Deng Ke. Dengke produces and sells a large number of drugs, some of which have already entered society, causing great harm to society. The crimes are extremely serious and should be punished in accordance with the law. Deng Ke's crimes should be punished in accordance with the law. Based on this, the defendant Deng Ke was sentenced to death and approved in accordance with the law, and the defendants Huang Hao, Liu Peng, and Huang Kerong were sentenced to life imprisonment, fifteen years in prison, and seven years in prison, respectively.

The criminal Deng Ke was executed in accordance with the law on February 12, 2015.

Case 3

Wang Zuwen's intentional homicide and intentional injury case

——Killing foster grandparents after taking drugs and causing injury to their foster father, the crime is extremely serious

（1） Basic facts of the case

The defendant Wang Zuwen, male, Han nationality, was born on December 18, 1992, unemployed.

The defendant Wang Zuwen was raised by his adoptive grandfather Wang Qingqu (victim, 80 years old) and his adoptive grandmother Chen Sulian (victim, 76 years old) from a young age. Prior to the incident, he had been smoking ketamine for a long time. On August 11, 2013, Wang Zuwen smoked ketamine again at his home in a community in Yongchun County, Fujian Province. In the early morning of the next day, Wang Zuwen had the idea of killing Wang Qingqu and Chen Sulian. He took out a double-edged long sword from their bedroom and went to Wang Qingqu and Chen Sulian's bedroom. He wielded the sword and stabbed Wang Qingqu and Chen Sulian while they were sleeping, causing both victims to die from piercing their hearts with sharp weapons. Later, Wang Zuwen climbed out of the window and jumped downstairs. Upon hearing this, Wang Zuwen's foster father Wang Weiyi (the victim, who was 51 years old at the time) arrived. Wang Zuwen then wielded a sword to strike Wang Weiyi, causing him to suffer minor injuries.

（2） Judgment results

This case was first instance by the Intermediate People's Court of Quanzhou City, Fujian Province, and second instance by the Higher People's Court of Fujian Province. The Supreme People's Court conducted a death penalty review of this case.

The court believes that the defendant Wang Zuwen stabbed his adoptive grandparents with a sword, causing the deaths of both individuals and injuring his adoptive father with a sword. Their actions have respectively constituted intentional homicide and intentional injury. Wang Zuwen committed murder and injury after taking drugs, resulting in 2 deaths and 1 minor injury. The criminal circumstances were severe, the methods were cruel, and the consequences and crimes were extremely serious. He should be punished in accordance with the law. The crimes committed by Wang Zuwen should be punished in accordance with the law. Based on this, the defendant Wang Zuwen was sentenced to death and approved in accordance with the law.

Criminal Wang Zuwen was executed in accordance with the law on June 23, 2015.

Case 4

Su Chujie's Drug Trafficking Case

——Repeatedly selling drugs in small packages, and being a recidivist or a repeat drug offender, will be severely punished in accordance with the law

（1） Basic facts of the case

The defendant Su Chujie, male, Han nationality, was born on April 24, 1988 and is a farmer. On October 9, 2011, he was sentenced to one year and four months in prison for the crime of drug trafficking and fined RMB 6000. He was released after serving his sentence on January 16, 2012.

The defendant Su Chujie repeatedly sold heroin to two drug users in Chaozhou City, Guangdong Province, for the purpose of trafficking, raising, and smoking. From February to March 2014, Su Chujie sold heroin to drug addict Su Mouhang 15 times near a ceramic factory in Chao'an District of the city, at a price of 100 yuan, at a rate of 0.1 grams each time. Between July and August of the same year, Su Chujie sold heroin to drug addict Su at the same price 15 times, each time at a price of 0.1 grams, near the Yicai Market in Chao'an District. On October 25 of the same year, public security personnel arrested Su Chujie and seized 0.85 grams of heroin from her.

（2） Judgment results

This case is being tried by the People's Court of Chao'an District, Chaozhou City, Guangdong Province.

The court believes that the defendant Su Chujie illegally sold heroin, which constitutes the crime of drug trafficking. Su Chujie has repeatedly sold drugs, and the circumstances are serious. He has been sentenced for the crime of drug trafficking and committed the crime of drug trafficking within five years after the execution of the sentence. He is a recidivist and a repeat drug offender, with a deep subjective malignancy and high personal danger. He should be punished severely according to the law. Based on this, the defendant Su Chujie was sentenced to three years and nine months in prison in accordance with the law.

After the judgment was pronounced, there was no appeal or protest within the statutory period, and the above judgment took legal effect on May 1, 2015.

Case 5

Case of Zhang Qingguo instigating others to take drugs

——Drug users who incite others to take drugs shall be punished in accordance with the law

（1） Basic facts of the case

The defendant Zhang Qingguo, male, Han nationality, was born on May 22, 1988, unemployed. On March 4, 2014, he was sentenced to ten months in prison and fined RMB 5000 for committing fraud.

After being sentenced for fraud, the defendant Zhang Qingguo was unable to deliver for execution due to illness. On the evening of December 8, 2014, Zhang Qingguo purchased drugs from Qiu Pengcheng (handled separately and sentenced). That night, he purchased drugs from Qiu Pengcheng again and asked his classmate Lin Mouyang to drive to Qiu Pengcheng to pick them up. Lin Mouyang sent the drug to Zhang Qingguo, a community in Wenzhou City, Zhejiang Province. Zhang Qingguo claimed that the item was methamphetamine and introduced Lin Mouyang to his experience after taking methamphetamine, inviting him to take it together. Zhang Qingguo demonstrated on the spot how to take drugs, and later Lin Mouyang imitated Zhang Qingguo's method of taking methamphetamine. On the afternoon of the same month 11th, Lin Mouyang was once again taking methamphetamine provided by Zhang Qingguo through the above-mentioned method in Zhang Qingguo's country, and the two were arrested by public security personnel. After Zhang Qingguo arrived at the scene, he assisted public security personnel in capturing Qiu Pengcheng.

（2） Judgment results

This case is being tried by the People's Court of Longwan District, Wenzhou City, Zhejiang Province.

The court believes that the defendant Zhang Qingguo's behavior of introducing the types of drugs to others, promoting drug use experiences, demonstrating drug use methods, and inviting others to use drugs together constitutes the crime of instigating others to use drugs. Zhang Qingguo was once sentenced for committing fraud and before the punishment was completed, he also committed the crime of instigating others to take drugs. His multiple crimes should be punished in accordance with the law. Zhang Qingguo has committed meritorious deeds and truthfully confesses his crimes after being brought to justice, and can be given a lighter punishment according to law. Based on this, the defendant Zhang Qingguo was sentenced to eight months in prison for inciting others to take drugs in accordance with the law, and was punished in conjunction with the unfinished sentence of the original crime of fraud. The sentence was decided to be one year and three months in prison.

After the judgment was pronounced, there was no appeal or protest within the statutory period, and the above judgment took legal effect on May 5, 2015.