Stewardess "purchasing" to be sentenced to appeal Wang Jo/System
Newspaper reporter Aoxiangfi
for "Smuggling ordinary goods crime" first trial was sentenced to 11 years after the resignation of the stewardess Lee a day ago appealed. Lee's appeal mainly believes that the original verdict found that the facts are not clear, insufficient evidence, the application of the law is not serious. The case is in the written trial of the second instance. The legal opinion, the first instance judgment and the appellant appeal difference is so big, with the current http://www.aliyun.com/zixun/aggregation/34468.html "> Electric business Legislation vacancy." It is worth thinking about whether the crime of diversification, such as Lee, which is based on network behavior, needs to be regulated by more robust and up-to-date laws and regulations.
opened the shop after the departure of the stewardess Lee, the crime of smuggling ordinary goods was sentenced to 11 years in prison, a few days ago filed an appeal. Recently, Lee's father by opening a blog, open Weibo and other ways for her daughter's appeal. Commercial newspaper reporter through his blog posted on the appeal form to understand, Lee an appeal mainly believe that the original verdict found that the facts are not clear, lack of evidence, the application of the law, the punishment of abnormal weight. In this regard, the relevant legal personage said, the first instance judgment and the appellant's appeal difference is so big, with the current electricity merchant legislation vacancy, especially the purchasing aspect lacks the supervision related.
Li Fufa Blog on behalf of women pleading
"I am the ' departing stewardess to purchase the punishment 11 ' This stewardess's father, everybody must have seen about my daughter's related report!" I wrote out the truth of the case and I hope you can help my daughter. We have now appealed! "October 13, Li's father through Sina Weibo account" quit stewardess Li Xiaohai "released the microblog.
through the micro-blog posted on the link, the commercial newspaper reporter opened the Li father's Sina blog. In its post "flight attendant smuggling sentence 11 appeal form", the commercial newspaper reporter learned that Lee has been in the case of the first instance judgment two weeks after the September 17 appeal.
Li father also in the blog in behalf of the female plead: "Purchasing cosmetics is not smuggling drugs, guns, the plot can be how serious?" Is it really endangering society? What are the adverse effects on society? It's just makeup! ”
a number of questions raised by the petition
Commercial news reporter saw that the "flight attendant smuggling was sentenced to 11 appeal form" mainly put forward the original verdict found that the facts are not clear, lack of evidence, the application of the law is not appropriate, the punishment of abnormal weight and so on, but did not deny the "smuggling purchase."
Lee said in the indictment, the original verdict that she was evading taxes 1093380.28 yuan of the fact is unclear. The trial court, based solely on the customs approval certificate issued by the Beijing Customs Department, determines the amount of the appellant's tax evasion, ignoring the appellant and the defender's reasonable questioning of the certificate.
Li believes that the core evidence of the verdict is "order", "The approved certificate" and the appellant's statement, but the "order" is the investigation organization directly from the Korean-related duty-free shop website download, the downloading process is in the electronic evidence holder (that is, the appellant) is not in the field and witness the case without witnesses, Therefore, from the source of evidence, the authenticity of evidence, forensics procedures, evidence methods and other aspects are not in line with the provisions of the law.
Lee also said that the original judgment reference to the application of the February 25, 2011 National People's Congress passed the Criminal Law Amendment (eight) of the abolition of the old standard sentencing is not obvious.
In addition, Li also believes that she is only a life for the ordinary citizens to open shop, is not a professional smuggler, even if the appellant's behavior violates the criminal law, and large-scale, organized crime organizations used by the "Customer with goods", "ants Move" the criminal method of the essence of the difference, the appellant sentenced to such criminal laws, is the penalty of punishment.
