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No.8 of Ten Model Cases concerning Drug-related Crimes and Drug-related Secondary Crimes Published by the Supreme People's Court: People v. Li Huiqing, et al. (Case concerning Sheltering Others to Take Drugs by Li Huiqing, et al.)
最高法公布10起毒品犯罪及涉毒次生犯罪典型案例之八:利慧青等容留他人吸毒案——租赁娱乐场所容留多人吸毒,依法惩处
【法宝引证码】

No.8 of Ten Model Cases concerning Drug-related Crimes and Drug-related Secondary Crimes Published by the Supreme People's Court: People v. Li Huiqing, et al. (Case concerning Sheltering Others to Take Drugs by Li Huiqing, et al.)
(Case concerning Sheltering Others to Take Drugs by Li Huiqing, et al.)
最高法公布10起毒品犯罪及涉毒次生犯罪典型案例之八:利慧青等容留他人吸毒案——租赁娱乐场所容留多人吸毒,依法惩处
No.8 of Ten Model Cases concerning Drug-related Crimes and Drug-related Secondary Crimes Published by the Supreme People's Court: People v. Li Huiqing, et al. (Case concerning Sheltering Others to Take Drugs by Li Huiqing, et al.)--The criminal offender rented a public place of entertainment for sheltering many people to take drugs and he should be punished according to the law. 

最高法公布10起毒品犯罪及涉毒次生犯罪典型案例之八:利慧青等容留他人吸毒案——租赁娱乐场所容留多人吸毒,依法惩处

(1) Basic Facts 【基本案情】
Defendant Li Huiqing, male, Chinese Han, born on July 14, 1974, farmer. On November 29, 2005, he was sentenced to a fixed-term imprisonment of one year for committing a crime of gathering a crowd to disturb public order. On August 18, 2006, he was released upon completion of the sentence. 被告人利惠青。2005年11月29日因犯聚众扰乱社会秩序罪被判处有期徒刑一年,2006年8月18日刑满释放。
Defendant Cai Yingtang, male, Chinese Han, born on August 24, 1983, jobless. 被告人蔡映堂。
Defendant Wu Linquan, male, Chinese Han, born on January 19, 1971, farmer. 被告人邬林泉。
In January 2016, defendants Li Huiqing, Cai Yingcang, and other persons rented two private rooms of a KTV in Chang'an Township, Dongguan City, Guangdong Province for sheltering others to take drugs. Defendant Wu Linquan and other persons were in charge of charging and keeping accounts of such private rooms. Around 18:00 on February 29 of the same year, Chen and other persons took ketamine (K powder) in the aforesaid chartered rooms. Around 19:00 on the next day, the public security officers arrested Li Huiqing, Cai Yingtang, Wu Linquan, Chen, and other persons and seized ketamine of 0.58g on the scene. It was found upon field inspection that Li Huiqing, Cai Yingtang, Chen, and other 12 persons all took drugs. Upon to the time when the case was exposed, the aforesaid two private rooms have been operated for 15 days and the income amounted to over CNY80,000. 2016年1月,被告人利惠青、蔡映堂等人出资租赁广东省东莞市长安镇一KTV的2间包房用于容留他人吸毒,被告人邬林泉等人负责包房的收费、记账等工作。同年2月29日18时许,陈某等数人来到上述包房吸食氯胺酮(俗称“K粉”),次日19时许公安人员到场抓获利惠青、蔡映堂、邬林泉、陈某等十余人,当场缴获氯胺酮0.58克。经现场检测,利惠青、蔡映堂、陈某等15人均吸食了毒品。至案发时,上述2间包房营业约15天,收入约8万元。
(2) Adjudication 【裁判结果】
This case was tried by the No. 2 Intermediate People's Court of Dongguan City, Guangdong Province. 本案由广东省东莞市第二人民法院审理。
The court held that: Defendants Li Huiqing, Cai Yingtang, and Wu Linquan sheltered others to take drugs in group and their acts have constituted a crime of sheltering others to take drugs. In collusion with others, Li Huiqing and Cai Yingtang rented private rooms and were in charge of business management. In the joint crime, they played primary roles and thus they were principal offenders and should be punished according to all the crimes they participated; Wu Linquan played secondary roles and thus he was an accessory offender and should be given a lighter punishment according to the law. For the purpose of seeking unlawful interests, the three defendants sheltered others to take drugs by using a public place of entertainment. With many persons involved, they may be given heavier punishments depending on the actual circumstances. After being arrested, Cai Yingtang and Wu Linquan truthfully confessed to their crimes and showed repentance. Therefore, they may be given lighter punishments according to the law; Li Huiqing truthfully confessed to his crime in court and he may be given a lighter punishment depending on the actual circumstances. Therefore, defendants Li Huiqing, Cai Yingtang, and Wu Linquan were separately sentenced to fixed-term imprisonments of one year and ten months, one year and eight months, and one year, in addition to fines of CNY10,000, 10,000, and 3,000. 法院认为,被告人利惠青、蔡映堂、邬林泉结伙容留他人吸毒,其行为均已构成容留他人吸毒罪。利惠青、蔡映堂伙同他人出资租赁包房,负责经营管理,在共同犯罪中起主要作用,均系主犯,应当按照其二人参与的全部犯罪处罚。邬林泉在共同犯罪中起次要作用,系从犯,依法应当从轻处罚。三被告人为牟取非法利益,利用娱乐场所容留他人吸毒,人数众多,可酌情从重处罚。蔡映堂、邬林泉归案后如实供述自己的罪行,认罪态度较好,依法可以从轻处罚;利惠青当庭如实供述自己的罪行,可以酌情从轻处罚。据此,依法对被告人利惠青、蔡映堂和邬林泉分别判处有期徒刑一年十个月、一年八个月和一年,并处罚金人民币一万元、一万元和三千元。
After the judgment was pronounced, no appeal was filed by wither the defendants or the prosecution within the statutory period. The aforesaid judgment came into force on February 21, 2017. 宣判后,在法定期限内没有上诉、抗诉,上述裁判已于2017年2月21日发生法律效力。
(3) Significance 【典型意义】
Gathering a crowd to take drugs is a prominent phenomenon in the current drug abuse. Cases where operators or managers of public places of entertainment shelter others to take drugs for the purpose of soliciting business take place occasionally. For the purpose of seeking interests, some criminals use a public place of entertainment for sheltering others to take drugs or gathering a crowd to take drugs. Compared to ordinary acts of sheltering others to take drugs, the nature of the aforesaid criminal activities is more serious. This was a model case where criminal offenders sheltered others to take drugs by using a public place of entertainment for the purpose of seeking illegal interests. In order to earn interests from sheltering others to take drugs, defendant Li Huiqing and other persons rented two private rooms of a KTV and arranged personnel to provide service to drug users. For long sheltering duration and over ten drug users sheltered in the rooms at a time when the case was exposed, the criminal circumstances were execrable. According to the facts, nature, and specific circumstances of the crime committed by Li Huiqing and other persons, the people's court gave them criminal penalties according to the law. 聚众吸毒是当前毒品滥用方面较为突出的一种现象。娱乐场所的经营者、管理者为招揽生意而容留他人吸毒的案件时有发生,一些不法分子为牟取利益而将娱乐场所专门用于容留他人吸毒甚至聚众吸毒,犯罪性质较一般的容留吸毒行为更为严重。本案就是一起利用娱乐场所容留他人吸毒以牟取非法利益的案例。被告人利慧青等人为容留他人吸毒赚取利润而租赁KTV的2间包房,安排人员为吸毒者提供服务,容留行为持续时间长,案发时一次性容留十余人吸毒,犯罪情节恶劣。人民法院根据利慧青等人犯罪的事实、性质和具体情节,依法判处了刑罚。?
     
     
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