Using a hammer to hit the neighbor's face because of the drain
(Baonghean.vn)- Due to a conflict over a drainage system during the rainy season, Tran Dinh Thien used a hammer to hit his neighbor in the face. As a result, the victim suffered injuries to his eyes, jaw, and 30% of his body.
On April 23, Nghe An Provincial People's Court opened a criminal appeal trial to try defendant Tran Dinh Thien (born 1982), residing in Quynh Long commune (Quynh Luu) for the crime of "Intentional injury".
The defendant and victim Tran Dinh Hung (born 1972) are neighbors. At around 9:00 p.m. on May 22, 2020, Thien came home from work and saw that the gate of his house was flooded due to the rain with no way out. Seeing that the drain next to Hung's house was clogged, Thien took a hammer and a small iron bar to clear the drain. Seeing Thien breaking the iron trash net, Hung's wife did not allow it. The two sides exchanged words.
 |
| Defendant Tran Dinh Thien. Photo: Tran Vu |
Hearing the noise, Hung ran out and asked Thien not to break the manhole cover. Being pushed away by Hung, Thien took an iron hammer and hit Hung in the face, causing injuries to the eyes and jaw. The victim, Tran Dinh Hung, was determined to have a 30% physical disability.
At the first instance trial, the People's Court of Quynh Luu district sentenced defendant Tran Dinh Thien to 30 months in prison, suspended, for "Intentionally causing injury". The court also ordered the defendant to compensate the victim more than 61 million VND.
Disagreeing with the first instance judgment, the victim filed an appeal stating that the first instance court's judgment was not objective and did not clarify the nature and level of danger of the defendant's actions; the defendant's suspended sentence was not in accordance with the law; the victim also did not agree with the level of compensation the first instance court announced for the defendant.
At the appeal court, the victim maintained the appeal. The victim also provided additional documents that after the first instance court, due to the recurrence of the injury, he went for a re-examination. After that, the victim filed a request for a re-assessment of the disability rate, with the result of 36%. Regarding civil matters, the victim requested the defendant to compensate for an amount of over 500 million VND.
The Court of Appeal stated that after the first instance verdict, the injury rate was re-assessed by the victim, and the conclusion was 36%, while the first instance court considered it to be 30%. To ensure the trial was in accordance with the law, the right person, the right crime, the panel of judges declared the entire first instance verdict null and void so that the Quynh Luu District Court could retry.
