Recently, the case of smuggling obscene articles represented by Li Wei and Xu Wei lawyers was sentenced in court. The case was of seriousness and the client should have been sentenced to more than ten years' imprisonment, but after the defense of the lawyers, the client was finally sentenced to three and a half years' imprisonment, and the sentence has already come into effect.

Due to personal preference, Z Mou placed an order on the Internet and mailed the comic books, which are limited to adults, to the domestic market through international logistics, and did not truthfully declare the contents of the parcels in the process of mailing. In order to share the cost of international logistics, Z Mou organized other people to mail the books together on the Internet, and charged a certain amount of fees. By the time of the case, the quantity of Z Mou mailed to the country has far exceeded the aggravating circumstances of the number of standards set by the criminal law, and should be sentenced to more than ten years.

After the intervention of the lawyer team, it was concluded that there were still problems in the case, and the person concerned was not enough to constitute the crime, and even if he did, he could be given a suspended sentence. The lawyer issued a “the purpose of the penalty is not punishment, but education and rescue” as the theme of the defense, the main content are: 1. the perpetrator charged the fee is not profit-making, and there is no purpose of dissemination; 2 comic books only in the enthusiasts, did not flow into the commercial sphere, does not constitute the dissemination of the comic books; 3 comic books, although limited to adults, but the content is not completely exposed sexual organs; 3 comic books, although limited to adults, but the content is not completely exposed sexual organs. Although the content is limited to adults, the content is not completely exposed sexual organs; 4 the perpetrator's criminal motive and profitability is different from general smuggling of obscene materials, combined with existing cases, probation can be applied.

In addition to the lawyer's questions about the case, Z made a profound review and reflection of his behavior in court, and also pleaded with the court to be lenient with the punishment, and his sincere statement even made the panel members shed tears in court.

Finally, the prosecutor's office and the court considered the special circumstances of the case, Z was downgraded, but due to the amount of smuggling far more than ten years of sentencing standards, the lawyer suggested that the application of probation could not be adopted, but the sentence was changed from more than 10 years to three and a half years, has achieved a substantial adjustment, the client did not choose to appeal.

Defense work to this end.

Translated with DeepL.com (free version)