Appellate judgment No. 01/2015/HSPT dated 14/01/2015 on snatching committed by Nguyen Van Anh xem bóng đá trực tiếp vtv2 accomplices

CENTRAL MILITARY COURT

APPELLATE JUDGMENT NO. 01/2015/HSPT DATED 14/01/2015 ON SNATCHING COMMITTED BY NGUYEN VAN ANH xem bóng đá trực tiếp vtv2 ACCOMPLICES

On 14-1-2015, at the office of the Military Court of Military Zone 5, an appellate trial is conducted to hear the Criminal Case No. 09/2014/HSPT1 dated 17-10-2014 against Nguyen Van Anh xem bóng đá trực tiếp vtv2 other defendants as the First Instance Criminal Judgment No. 01/2014/HSST dated 20-2-2014 by the Military Court of Military Zone 2 was appealed against by the Chief Prosecutor of the Military Procuracy of Military Zone 2.

Appellees:

1.Nguyen Van Anh (also known as Beo), born on 14-02-1995 in Quang Nam; enlisting in 02/2013; rank, post xem bóng đá trực tiếp vtv2 unit at the time of crime commission: Private First Class, enlisted member, Technology Warehouse K55, Technology Department, Military Zone 5; identity card No. 205953058 issued by Quang Nam Police on 20/4/2012; education level: 10/12; father: Mr. Nguyen Phu, born in 1970, occupation: farmer; mother: Mrs. Phan Thi Mai, born in 1970, occupation: farmer; 2 siblings, appellee is middle child; previous convictions xem bóng đá trực tiếp vtv2 administrative violations: none; caught on 15-5-2014; detained from 23-5-2014, currently in detention center of Military Zone 5. Present.

2.Tran Thanh An, born on 31-5-1996; place of residence: Cam Thanh commune, Hoi An city, Quang Nam; occupation: student; identity card No. 206217236 issued by Quang Nam Police on 23-7-2013; education level: currently in 12th grade; father: Mr. Tran Thanh, born in 1972, occupation: fisherman; mother: Mrs. Pham Thi Be, born in 1972, occupation: housewife; 1 sibling, appellee being eldest child; previous convictions xem bóng đá trực tiếp vtv2 administrative violations: none; caught on 15-5-2014; detained from 23-5-2014, currently in detention center of Military Zone 5. Present.

3.Tran My Lai, born on 01-6-1991; place of residence: Duy Hai commune, Duy Xuyen district, Quang Nam; occupation: restaurant cook; identity card No. 205840356 issued by Quang Nam Police on 11-5-2011; education level: 8/12; father: Mr. Tran Van Hien, born in 1964, occupation: farmer; mother: Mrs. Huynh Thi Hai, born in 1962, occupation: farmer; 4 siblings, appellee being second child; wife: Pham Thi Thuy Vi, born in 1990; previous convictions xem bóng đá trực tiếp vtv2 administrative violations: none; detained from 30-5-2014; out on bail from 03-7-2014. Present.

FINDING THAT

According to the Criminal Judgment No. 01/2014/HSST dated 10-9-2014 by the Military Court of Military Zone 5, the case is summarized as follows:

Around 10 PM on 13-5-2014, Nguyen Van Anh drank alcohol with Tran Thanh An, Tran My Lai, Nguyen Van Toan, Nguyen Van Tu xem bóng đá trực tiếp vtv2 Tran Van Diep on an embankment road in Thanh Nam neighborhood, Cam Chau ward, Hoi An city, Quang Nam. At 2:15 AM on 14-5-2014, Anh said,”Let’s do a job for alcohol cash.” Lai asked, “What job?” Anh replied, “Snatch some white’s stuff.” Lai said, “I’ll find them.” Then, An drove Anh to Hoi An old quarters with a motorcycle with license plate No. 92D1 -142. 19. After reaching Cua Dai street, Anh xem bóng đá trực tiếp vtv2 An saw 4 foreigners walking side by side in the same direction on the right side of the road just in front of them. Anh told An to drive past them xem bóng đá trực tiếp vtv2 then turn back. An drove the motorcycle about 50 meters past the foreigners then turned back xem bóng đá trực tiếp vtv2 drove right next to Ms. Jaeger Samantha Ashlee, who was walking farthest to the left. Anh snatched her bag with his left hand, which contained 01 Iphone 5 xem bóng đá trực tiếp vtv2 VND 500.000.

While An was driving Anh, Lai took the motorcycle with license plate No. 92S2-9284 xem bóng đá trực tiếp vtv2 asked Toan to join him. Toan asked, “To where?” Lai replied, “Come on.” Lai drove Toan along some streets xem bóng đá trực tiếp vtv2 found two foreigners walking on Tran Quang Khai street. Lai drove back to the embankment just as An xem bóng đá trực tiếp vtv2 Anh returned. “There are two foreigners over there,” Lai told Anh. Anh asked, “Where?” “Near Ty Gia restaurant,” Lai answered. An drove Anh in the direction that Lai told them. Upon reaching Tran Quang Khai street, they found two foreigners walking in the same direction in front of them on the left side of the road. Anh told An to drive past them xem bóng đá trực tiếp vtv2 then turn back. After approaching Ms. Sofieke Pauline De Wilde, Anh snatched her bag with his right hand, which contained 01 Iphone 5c phone xem bóng đá trực tiếp vtv2 VND 1.000.000.

The First Instance Criminal Judgment No. 01/2014/HSST dated 10-9-2014 by the Military Court of Military Zone 5 decides as follows:

Regarding the crime: declare Nguyen Van Anh, Tran Thanh An xem bóng đá trực tiếp vtv2 Tran My Lai guilty of snatching.

Pursuant to Clause 1 Article 136; Point p Clause 1 Article 46; Point g Clause 1 Article 48; Clauses 1 xem bóng đá trực tiếp vtv2 2 Article 20; xem bóng đá trực tiếp vtv2 Article 53 of thexem bóng đá trực, sentence Nguyen Van Anh to 18 (eighteen) months in prison. The prison term commences from the date of detention (15-5-2014).

Pursuant to Clause 1 Article 136; Points b xem bóng đá trực tiếp vtv2 p Clause 1 Article 46; Point g Clause 1 Article 48; Clauses 1, 3 xem bóng đá trực tiếp vtv2 5 Article 69; Clause 1 Article 74; Clauses 1 xem bóng đá trực tiếp vtv2 2 Article 20; xem bóng đá trực tiếp vtv2 Article 53 of the Criminal Code, sentence Tran Thanh An to 9 (nine) months in prison. The prison term commences from the date of detention (15-5-2014).

Pursuant to Clause 1 Article 136; Points b xem bóng đá trực tiếp vtv2 p Clause 1 Article 46; Clauses 1 xem bóng đá trực tiếp vtv2 2 Article 20; Article 53; xem bóng đá trực tiếp vtv2 Clauses 1 xem bóng đá trực tiếp vtv2 2 Article 60 of the Criminal Code, impose a suspended sentence of 12 (twelve) months in prison upon Tran My Lai, with a probation period of 24 months starting from the date of pronouncement (10-9-2014). Place Tran My Lai under the supervision of the People's Committee of Duy Hai commune, Duy Xuyen district, Quang Nam during the probation period. If the defendant moves to a new address, regulations in Clause 1 Article 69 of theLuật thi trực tiếp bóng đá hôm nay euroshall apply.

Additionally, the First Instance Court also decided late payment interest rate, handling of exhibits xem bóng đá trực tiếp vtv2 court fees xem bóng đá trực tiếp vtv2 announced the right to appeal to the defendants xem bóng đá trực tiếp vtv2 litigants.

On 09-10-2014, the Chief Prosecutor of the Central Military Procuracy appealed against the First Instance Judgment No. 01/2014/HSST dated 10-9-2014 by the Military Court of Military Zone 5 with respect to application of Clause 1 Article 136 of the Criminal Code to try Nguyen Van Anh, Tran Thanh An xem bóng đá trực tiếp vtv2 Tran My Lai xem bóng đá trực tiếp vtv2 decision on penalties imposed upon the appellees. Request to apply Point d Clause 2 Article 136 of the Criminal Code on snatching xem bóng đá trực tiếp vtv2 impose more severe penalties upon the appellees.

At the appellate trial, the Procuracy representative upholds the appeal.

In the debate at the trial, the Prosecutor claims that the appeal by the Chief Prosecutor of the Central Military Procuracy is valid xem bóng đá trực tiếp vtv2 cites to evidences clarifying the nature xem bóng đá trực tiếp vtv2 severity of the offence committed by the appellees. There are valid grounds xem bóng đá trực tiếp vtv2 it is lawful for the Military Court of Military Zone 5 to convict Nguyen Van Anh, Tran Thanh An xem bóng đá trực tiếp vtv2 Tran My Lai of snatching. However, the Military Court of Military Zone 5 tried the appellees in accordance with Clause 1 Article 136 of the Criminal Code, which was against the guidelines provided for in Point 5.3 Section I of theJoint Circular No. 02/2001/TTLT-TATC-VKSTC-BCA-BTPdated 25-12-2001 by the Supreme People’s Court, Supreme People’s Procuracy, Ministry of Public Security xem bóng đá trực tiếp vtv2 Ministry of Justice on application of some regulations in Chapter XIV "Offences against rights of property" of the 1999 Criminal Code. In this case, Tran Thanh An drove Nguyen Van Anh with the motorcycle with license plate No. 92 D1 - 142. 19 to snatch property of Ms. Jaeger Samantha Ashlee xem bóng đá trực tiếp vtv2 Ms. Sofieke Pauline De Wilde, which was “use of a dangerous method” provided for in Point d, Clause 2 Article 136 of the Criminal Code. Tran My Lai agreed to Nguyen Van Anh’s suggestion xem bóng đá trực tiếp vtv2, after An drove Anh away, drove the motorcycle with license plate No. 92 S2 - 9284 to find foreigners xem bóng đá trực tiếp vtv2 tell their locations for Anh xem bóng đá trực tiếp vtv2 An to snatch their property. Thus, as per the law, the appellees must be tried in compliance with Point d Clause 2 Article 136 of the Criminal Code. 18 months in prison, 09 months in prison xem bóng đá trực tiếp vtv2 a suspended sentence of 12 months in prison imposed upon Nguyen Van Anh, Tran Thanh An xem bóng đá trực tiếp vtv2 Tran My Lai, respectively, by the Military Court of Military Zone 5 are too light xem bóng đá trực tiếp vtv2 inappropriate to the nature xem bóng đá trực tiếp vtv2 severity of the offence committed by the appellees xem bóng đá trực tiếp vtv2 consequences thereof.

Request the Appellate Trial Panel of the Central Military Court to accept the appeal, apply Point d Clause 2 Article 136 of the Criminal Code on snatching to try Nguyen Van Anh, Tran Thanh An xem bóng đá trực tiếp vtv2 Tran My Lai. Increase the prison terms of Nguyen Van Anh xem bóng đá trực tiếp vtv2 Tran Thanh An; increase the suspended prison sentence xem bóng đá trực tiếp vtv2 probation period of Tran My Lai.

The appellees give no opinion.

According to the exhibits xem bóng đá trực tiếp vtv2 documents inspected at the trial; according to the result of the debate at the trial; xem bóng đá trực tiếp vtv2 on the basis of the exhibits, documents xem bóng đá trực tiếp vtv2 opinions of the Prosecutor xem bóng đá trực tiếp vtv2 appellees,

CONSIDERING THAT

For the sole reason of lacking money for alcohol, in the late evening of 13-5-2014 xem bóng đá trực tiếp vtv2 morning of 14-5-2014, after drinking, Nguyen Van Anh, Tran Thanh An xem bóng đá trực tiếp vtv2 Tran My Lai had the intention of snatching property of foreigners in Hoi An city, Quang Nam. When Anh suggested snatching property of foreigners, An xem bóng đá trực tiếp vtv2 Lai agreed with him. Tran Thanh An drove Nguyen Van Anh with a motorcycle while Tran My Lai drove Nguyen Van Toan with a motorcycle to find foreigners for Anh xem bóng đá trực tiếp vtv2 An to snatch their property. In a short period of time, An drove Anh to snatch property of walking foreigners twice. The property snatched by the appellees included 02 Iphone 5 phones xem bóng đá trực tiếp vtv2 a total amount of VND 1.500.000.

The Trial Panel finds that the Procuracy’s appeal is valid. In the Appeal as well as at today’s trial, based on the Joint Circular No. 02/2001/TTLT-TATC-VKSTC-BCA-BTP dated 25-12-2001 by the Supreme People’s Court, Supreme People’s Procuracy, Ministry of Public Security xem bóng đá trực tiếp vtv2 Ministry of Justice on application of some regulations in Chapter XIV "Offences against rights of property" of the 1999 Criminal Code, the Procuracy claims that it was wrongful of the Military Court of Military Zone 5 to convict Nguyen Van Anh, Tran Thanh An xem bóng đá trực tiếp vtv2 Tran My Lai of snatching according to Clause 1 Article 136 of the Criminal Code. Therefore, as per the law, the appellees must be tried in accordance with Point d Clause 2 Article 136 of the Criminal Code. According to the guidelines provided for in Point 5.3 Section I of the abovementioned Joint Circular, “use of a dangerous method” stated in Point d Clause 2 Article 136 of the Criminal Code means use of a method to snatch property that poses danger to the life or health of the aggrieved person or another person. Examples include use of a motorcycle for snatching.

The Trial Panel holds that not every use of a motorcycle for snatching can be considered as “use of a dangerous method” stated in Point d Clause 2 Article 136 of the Criminal Code xem bóng đá trực tiếp vtv2 such consideration must given on a case-by-case basis. This is because Circular 02 provides for use of a method to snatch property that poses danger to the life or health of the aggrieved person or another person. In this case, Nguyen Van Anh xem bóng đá trực tiếp vtv2 Tran Thanh An did employ a motorcycle for snatching but they snatched property from pedestrians late at night with no other road users. In this case, the appellees snatched property without making the aggrieved persons fall or suffer from injury, so there was little danger. Therefore, that the First Instance Court convicted the appellees of snatching in accordance with Clause 1 Article 136 of the Criminal Code is appropriate to the nature of the offence committed by the appellees. Thus, there are no grounds to accept the Procuracy’s appeal concerning application of the “use of a dangerous method” fact as per Point d Clause 2 Article 136 of the Criminal Code.

Regarding the penalties, the Trial Panel finds that 18 months in prison, 09 months in prison xem bóng đá trực tiếp vtv2 a suspended sentence of 12 months in prison imposed upon Nguyen Van Anh, Tran Thanh An xem bóng đá trực tiếp vtv2 Tran My Lai, respectively, by the First Instance Court with due consideration given to the role, responsibility, aggravating circumstances xem bóng đá trực tiếp vtv2 mitigating circumstances of each appellee are suitable xem bóng đá trực tiếp vtv2 can sufficiently reprimand xem bóng đá trực tiếp vtv2 enable the appellees to become good citizens later. On the other hand, the appellees are young, some appellees were juveniles at the time of crime commission, thus, they had limited understanding; all appellees come from families of workers, have good records xem bóng đá trực tiếp vtv2 no previous convictions or administrative violations; xem bóng đá trực tiếp vtv2 the offence was committed on impulse. Therefore, it is not necessary to increase the punishment imposed upon the appellees according to the Procuracy’s appeal.

Based on the abovementioned facts xem bóng đá trực tiếp vtv2 matters, pursuant to Point a Clause 2 Article 248 of thexem bóng đá trực tiếp vtv2, the Appellate Trial Panel of the Central Military Court,

HEREBY DECIDES

1.Reject the appeal of the Central Military Procuracy xem bóng đá trực tiếp vtv2 uphold the criminal penalties imposed upon the appellees stated in First Instance Judgment No. 01/2014/HSST dated 10-9-2014 by the Military Court of Military Zone 5.

Pursuant to Clause 1 Article 136; Point p Clause 1 Article 46; Point g Clause 1 Article 48; Clauses 1 xem bóng đá trực tiếp vtv2 2 Article 20; xem bóng đá trực tiếp vtv2 Article 53 of the Criminal Code, sentence Nguyen Van Anh to 18 (eighteen) months in prison for the crime of snatching. The prison term commences from the date of detention (15-5-2014).

Pursuant to Clause 1 Article 136; Points b xem bóng đá trực tiếp vtv2 p Clause 1 Article 46; Point g Clause 1 Article 48; Clauses 1, 3 xem bóng đá trực tiếp vtv2 5 Article 69; Clause 1 Article 74; Clauses 1 xem bóng đá trực tiếp vtv2 2 Article 20; xem bóng đá trực tiếp vtv2 Article 53 of the Criminal Code, sentence Tran Thanh An to 9 (nine) months in prison for the crime of snatching. The prison term commences from the date of detention (15-5-2014).

Pursuant to Clause 1 Article 136; Points b xem bóng đá trực tiếp vtv2 p Clause 1 Article 46; Clauses 1 xem bóng đá trực tiếp vtv2 2 Article 20; Article 53; xem bóng đá trực tiếp vtv2 Clauses 1 xem bóng đá trực tiếp vtv2 2 Article 60 of the Criminal Code, impose a suspended sentence of 12 (twelve) months in prison upon Tran My Lai for the crime of snatching, with a probation period of 24 (twenty-four) months starting from the date of pronouncement of the First Instance Judgment (10-9-2014). Place Tran My Lai under the supervision of the People's Committee of Duy Hai commune, Duy Xuyen district, Quang Nam during the probation period. If the appellee moves to a new address, regulations in Clause 1 Article 69 of the Law on Execution of Criminal Judgments shall apply.

2.Other decisions in the First Instance Judgment No. 01/2014/HSST dated 10-9-2014 not subject to any petition or appeal shall come into force from the date on which the time to petition/appeal expires.

This Appellate Judgment takes effect from the date of pronouncement.