The retrial judgment of ＂online shopping simulation gun was sentenced to life＂ was approved and sentenced to 7 years and 3 months.

　　On May 25th, Xu Xin, the attorney of Liu Dawei’s case, revealed that he had received a criminal ruling from the Supreme People’s Court and approved the retrial judgment of Fujian High Court on Liu Dawei’s case of seven years and three months’ imprisonment. In response to this result, lawyer Xu Xin said that the next step will be to communicate with Liu Dawei’s parents before considering whether to continue to appeal, and hope that Liu Dawei can apply for commutation and parole.

　　Online shopping for 24 simulation guns was sentenced to life.

　　Retrial was sentenced to 7 years and 3 months.

　　In July 2014, Liu Dawei, who just turned 18, spent more than 30,000 yuan to buy 24 simulation guns from a seller through online shopping, and the goods were seized by Fujian Customs in transit. On August 31, 2014, Liu Dawei was detained by Shishi Customs Anti-smuggling Branch, and was arrested on September 29 with the approval of Quanzhou People’s Procuratorate.

　　On April 30, 2015, Quanzhou Intermediate People’s Court of Fujian Province made a first-instance judgment, and Liu Dawei was convicted of smuggling weapons and sentenced to life imprisonment. Liu Dawei refused to accept the appeal. On August 25th, the Fujian Provincial High Court rejected the appeal and upheld the original judgment. Liu Dawei’s family then appealed for retrial and held a retrial in Zhangzhou Intermediate People’s Court of Fujian on August 10, 2018.

　　On the morning of December 25, 2018, Liu Dawei’s case of "online shopping for 24 simulation guns was sentenced to life" was retried in the Intermediate People’s Court of Zhangzhou City, Fujian Province. Liu Dawei was sentenced to 7 years and 3 months in prison for smuggling weapons.

　　So far, Liu Dawei has been detained for more than four and a half years.

　　Ten reasons for application are not approved.

　　Supreme law: retrial judgment and appropriate sentencing

　　Lawyer Xu Xin, Liu Dawei’s defender, once submitted an application to the Supreme Court for "requesting disapproval and revoking the retrial judgment of Liu Dawei’s case", which listed that it was against common sense to identify toy guns as weapons; The Reply of the Supreme People’s Court and the Supreme People’s Procuratorate on the Conviction and Sentencing of Criminal Cases Involving Compressed Gas-powered Firearms and Air Gun Lead Bullets should be applied, but it is not applied. The labels of physical evidence are inconsistent, and the identity cannot be guaranteed; Liu Dawei does not have the criminal intention of smuggling weapons; Ten reasons for the wrong application of the gun identification standard of 1.8 Joule/cm2 muzzle specific kinetic energy.

　　According to the criminal ruling of the Supreme Law, the court held that Liu Dawei violated customs regulations, evaded customs supervision, and bought 20 guns from Taiwan Province sellers to smuggle them into the country, which constituted the crime of smuggling weapons. Although Liu Dawei did not have a statutory mitigating circumstance, since he did not actually obtain the guns he bought, the guns involved did not flow into the society, which was less harmful to society, and the muzzle of the guns involved was smaller than the kinetic energy, with less injury force, and there was no evidence to prove that it was easy to improve the injury force through restructuring.

　　In addition, Liu Dawei was just 18 years old when he committed the crime. He was a first-time offender and other special circumstances, and he could be sentenced to a penalty below the statutory penalty. The retrial judgment of Fujian Higher People’s Court found that the facts were clear, the evidence was sufficient, the conviction was accurate and the sentence was appropriate.

　　After receiving the Supreme Court ruling, Xu Xin, Liu Dawei’s attorney, said that he would discuss with Liu Dawei and his family before deciding whether to continue his complaint.

　　In addition, Xu Xin hopes that the relevant departments can comprehensively consider, let Liu Dawei return to society as soon as possible, and release Liu Dawei on parole in accordance with the law. "His sentence has been more than half of seven years and three months, which is eligible for parole." Xu Wei said.

　　Text/reporter Zhang Ziyuan