Accept each other's words - exchange a life

(Baonghean)On June 22, 2012, the Supreme People's Court opened an appeals court hearing on the murder and intentional injury case. What is heartbreaking is that, just because of a disagreement over a sentence, a group of young men from Yen Thanh district got into a fight with two young men of the same age in Dien Hai commune (Dien Chau) and took the life of Nguyen Van Dung, 22 years old.

Born and raised in the rice fields of Yen Thanh district, his father died early, but Nguyen Van Hai did not want to work hard and liked to socialize with friends. Meanwhile, Hai's family was poor. Since Hai's father passed away, the burden of family life fell on the shoulders of his sick mother. Many times, Mrs. Bay advised Hai to take advantage of the opportunity to go to the fields to help his mother plow, or to work to earn extra income to support his younger siblings' education, but Hai only did it for the sake of it.

Knowing Hai's playful, lazy, and sociable nature, Mrs. Bay accepted the hardships of working day and night. But there was one thing that made her uneasy: whenever she went out with the young men in the commune, Hai always carried a switchblade in his pocket. And what had to happen happened. One day at the end of the month, Mrs. Bay was sleeping when she received bad news from her neighbor, her voice panicked: "Where is Mrs. Bay? It's very dangerous... Hai has killed a young man in the coastal area of ​​Dien Hai (Dien Chau)..." Like a tree being cut down at the root, Mrs. Bay collapsed to the floor and fainted...



Defendants Hai, Trung, Oanh, and Phong stand before the bar

It is known that on the night of January 26, 2010, at about 11:30 p.m., Nguyen Van Hai, Truong Van Oanh, Nguyen Van Trung, Tran Dinh Tuoi, all residing in Tho Thanh commune, Nguyen Thi Huong (also known as Phuoc) residing in Do Thanh commune, Nguyen Van Phong, residing in Hong Thanh commune (Yen Thanh district) invited each other to go drinking in Tho Thanh commune. At about 11:30 p.m., after finishing drinking, all 6 young men invited each other to go to the beach in Dien Hai commune to play.

On the way, to Hamlet 8, Dien Hai Commune, Hai met Nguyen Van Dung and Le Van Tuan (locals) coming out of Dien's restaurant. At that time, 4 young men of Hai's came on a motorbike from behind and immediately shouted at Dung. After arguing, the group of young men from Yen Thanh District rushed in and grabbed Dung and Tuan by the collar. During the fight, Hai pulled out a pocket knife and stabbed Tuan and Dung many times, then fled. Although he was taken to the emergency room, Dung died on the way due to severe injuries.

After that, Hai turned himself in. After persuading his family and relatives, Oanh and Phong came to Dien Chau District Police Station one after another to confess their crimes. During the investigation, Hai admitted to using his switchblade to stab Dung multiple times. Tran Dinh Tuoi and Nguyen Thi Huong are on the run.

In Vinh City, the Provincial People's Court opened a first-instance trial to try the murder case and sentenced defendant Nguyen Van Hai (born 1990) to 9 years in prison for murder and 2 years in prison for intentional injury. The total sentence Hai received was 11 years. Defendant Nguyen Van Trung (born 1990) was sentenced to 18 months in prison, defendant Truong Van Oanh (born 1992) was sentenced to 18 months in prison; defendant Nguyen Van Phong (born 1993) was sentenced to 15 months in prison (for intentional injury).

Defendant Phong was given a suspended sentence. The court also ordered the defendants to pay the victim’s family 80 million VND in compensation, of which defendant Hai must pay Mr. Dung’s family 61 million VND.

After the first instance trial, Mr. Nguyen Van Xuan, 46 years old (father of the victim Nguyen Van Dung) wrote an appeal requesting the Supreme People's Court to hold an appeal to sentence the defendants Nguyen Van Trung, Truong Van Oanh, and Nguyen Van Phong for murder and request Hai's family to immediately compensate the amount of money that the first instance court had sentenced. According to Mr. Xuan, the total amount of money that the defendants had to pay to Dung's family was 81 million VND. But at the appeal trial, Mr. Xuan said he had received nearly 30 million VND, which was money contributed by the defendants.

On June 22, 2012, in Vinh City, the Supreme People's Court opened an appeal trial for the murder and intentional injury case that occurred in Dien Hai Commune, Dien Chau on January 26, 2010. After a public trial, the Supreme People's Court upheld the first instance verdict of the Provincial People's Court.

However, through analyzing and evaluating the details of the defendants’ criminal acts according to the Criminal Procedure Code, as well as the prosecution process and the defense of the lawyers, the Appellate Court found that the murder as appealed by Mr. Nguyen Van Xuan had no legal basis. Therefore, the People’s Court of Nghe An province’s first instance trial and sentencing of the above 3 defendants for intentional injury was the right person and the right crime.

Huu Trong