However, Guo Meimei was sentenced to five years' imprisonment on 20 15 for her previous gambling crime. This time, she was suspected of committing a crime, and she was released from prison for less than five years, which has constituted a recidivist and should be severely punished.
? Whoever constitutes a recidivist shall be given a heavier punishment. According to the announcement of the Shanghai Railway Court, the public prosecution agency accused the defendants Guo Meimei and Wang Zouya of selling diet candy in Zhao's home at a unit price of 699 yuan per box in 10 and February respectively. At the time of the incident, the defendant Guo Meimei sold more than 0/00 boxes of slimming candy/KLOC, and collected more than 70,000 yuan.
During this period, the defendant Guo Meimei also helped the defendant Wang Zou Ya to place an order and pay for Zhao, and jointly sold 4 boxes of slimming candy and received RMB 2,796. After the incident, the public security organs detected sibutramine from the seized slimming candy. The public prosecution agency believes that the actions of the defendants Guo Meimei and Wang Zouya have constituted the sale of toxic and harmful food.
During the trial, the defendants Guo Meimei, Wang Zouya and their entrusted lawyers defended the charges of the public prosecution agency and fully exercised their relevant litigation rights. After the trial, the Shanghai Railway Court announced that it would issue a verdict in due course. Some Municipal People's Congress deputies, CPPCC members and invited supervisors of Shanghai Railway Court attended the trial.
Lawyer Lu said that Guo Meimei's suspicion of selling toxic and harmful food is a behavioral crime. As long as it is implemented, it constitutes a crime, and the amount does not affect the conviction, but it affects the sentencing of the crime.
Whether the sentence can be upgraded to the second or even the third file depends on whether there is serious harm or other serious circumstances in this case, and whether there is death or other particularly serious circumstances.
Wang Peng, a lawyer of Beijing Fahuan Law Firm, believes that judging from the amount involved in this case, Guo Meimei and others have made a profit of more than 70,000 yuan, which has reached the standard of criminal filing and has not yet reached other serious circumstances stipulated by law. "Judging from the briefing of the case, the sentence should be less than 5 years, and no other aggravating circumstances of this crime have been seen."
Regarding the sentencing impact of combined punishment for several crimes, Du Huacheng, a lawyer of Beijing Wen Zhong Law Firm, said that according to the provisions of Article 65 of the Criminal Law, criminals who were sentenced to fixed-term imprisonment or more for intentional crimes intentionally committed crimes that should be sentenced to fixed-term imprisonment or more within five years after the execution of the punishment or pardon, which constituted recidivism, should be severely punished when sentencing.
"Guo Meimei was sentenced to 5 years' imprisonment on 20 15 for opening a casino, and was released after 20 19." Hua Du Cheng said that it only took about two years from the criminal law of 20 19 to the case of 202 16 in April. The two crimes before and after were intentional crimes, which constituted recidivism, and should be severely punished when sentencing in this case.
Guo Meimei, who was sentenced to five years in prison for opening a casino in the first instance, is one of the few online celebrities who became "popular" for being suspected of criminal cases many times. 20 1 1 In June, Guo Meimei became the commercial general manager of China Red Cross Society in Weibo, and became an online celebrity with the sensational "Red Cross Storm".
On September 2015 10, the case of Guo Meimei and Zhao opening a casino was heard in the first instance of Beijing Dongcheng District Court. The Dongcheng District Court held that the defendant Guo Meimei cooperated with others to open a casino, and the defendant Zhao provided him with direct assistance in fund settlement. If the circumstances are serious, the actions of the two defendants have hindered the social management order, which has constituted the crime of opening a casino and should be punished according to law.
The People's Procuratorate of Dongcheng District of Beijing found Guo Meimei and Zhao guilty, sentenced Guo Meimei to five years' imprisonment and fined 50,000 yuan. After that, Guo Meimei did not file an appeal, and the first-instance judgment came into effect, and she began to serve her sentence.
On July 20 19 13, Guo Meimei was released from prison. On March/March/2002 1 1, Shanghai police cracked the case of manufacturing and selling diet food containing banned ingredient (sibutramine), and Guo Meimei was arrested. On April 16 of the same year, Shanghai Railway Transport Procuratorate approved the arrest of Guo Meimei on suspicion of selling toxic substances, and approved the arrest of harmful food.
? Conclusion "She has once again embarked on the road of crime, which should really attract the attention of the society." Wang Peng said that some online celebrities use their online influence, ignore laws and regulations, challenge the law, and do not hesitate to sell a large number of toxic and harmful foods, endangering public safety, and should be severely punished.