Judgment no. 134/2017/HSST dated october 24, 2017 on theft of property

THE PEOPLE’S COURT OF HAI PHONG CITY 

JUDGMENT NO. 134/2017/HSST DATED OCTOBER 24, 2017 ON THEFT OF PROPERTY

On October 24, 2017, the first-instance public trial was conducted at the courtroom of the People's Court of Hai Phong City to hear the handled first-instance criminal case No. 137/2017/HSST dated October 03, 2017 against the following defendant:

Nguyen Van T, born in 1995 in Hai Phong City; Residence: A hamlet, B commune, C district, Hai Phong City; occupation:  Worker; Educational level:  12/12; Father: Mr. Nguyen Van N, born in 1971; Mother: Mrs. Le Thi Y, born in 1971; no wife, no child; Criminal records and previous convictions:  None; Currently, the defendant is subject to the following preventive measure: Residential confinement; present at the trial.

Civil plaintiff:

F Co., Ltd.; headquarters:  No. 1, Road No. 9, VSIP Hai Phong Township, Industrial & Service Park, D commune, C district, Hai Phong City.

Legal representative:  Mr. M Kiyosawa, born in 1962; position:  General Director; absent from the trial.

Interpreter:  Mrs. Nguyen Thi Ha G, born in 1993; position:  Assistant to General Director; absent from the trial.

CONTENTS OF THE CASE

The defendant Nguyen Van T is prosecuted by the People’s Procuracy of Hai Phong City for the following crime:

Nguyen Van T is a worker of F Co., Ltd. or F company for short (a wholly foreign-owned enterprise), headquarters located at No. 1, Road No. 9, VSIP Hai Phong Township, Industrial & Service Park, D commune, C district, Hai Phong City. On July 03, 2017, Nguyen Van T worked the night shift.  About 02:00 AM, on July 04, 2017, T went to the temporary warehouse space at the company’s parking area and found some cardboard boxes containing components which are the company’s products at C6 block, and then he worked out a plan to steal such products.   T took a cardboard box and brought it to a place near to his working place. Then, he opened the box with a paper-knife and found that there were 50 printer hardware pieces of 320 GB type in the box.  T put all hardware pieces found into his backpack and threw the empty box away to the cardboard box area.  About 06:00 AM on the same day when his work shift ended, T concealed his backpack in the employee locker at the company, and he took and put 06 hardware pieces inside his trouser pockets for bringing them home.   On July 04, 2017, when T came the company to work the night shift, he took a black backpack with him and put it in his employee locker.  About 06:00 AM on July 05, 2017 when his work shift ended, T took 16 hardware pieces into his backpack, concealed 06 hardware pieces inside 02 trouser back pockets and 07 others inside 02 trouser front pockets, and then he left the company through the gate No. 2. Because T showed abnormal behaviors, the company’s guard requested him for physical examination. T threw 07 hardware pieces that he concealed inside his trouser front pockets into the garbage bin near the guard room.  The company’s guard coordinated with officers of the police station of VSIP Industrial Park in carrying out the physical examination, and then detected and collected 29 hardware pieces. 15 other hardware pieces that T concealed in his employee locker were also collected.  By search of residence of Nguyen Van T, the investigation authority affiliated to the Police Office of C district confiscated 06 hardware pieces that T brought from the company to home on July 04, 2017.

According to the property valuation report made on July 10, 2017, the valuation panel specializing in criminal procedures of C district concluded that the value of 50 (fifty) printer hardware pieces is VND 37,059,950 (thirty seven million, zero hundred fifty nine thousand, nine hundred fifty dongs).

According to the Indictment No. 132/CT-P3 dated October 02, 2017, the People’s Procuracy of Hai Phong City prosecuted Nguyen Van T for the “Theft of property” crime in accordance with Clause 1 Article 138 of the Criminal Code.

At the trial, the procurator still keeps his/her decision to prosecute the defendant unchanged as specified in the above-mentioned Indictment, and also requests the Trial panel to impose a suspended imprisonment sentence of 12 – 18 months on Nguyen Van T and determine the probation period according to Clause 1 Article 138, Points g, h, p Clause 1, Clause 2 Article 46, Article 60 of the Criminal Code.  

Regarding civil compensation and handling of exhibits:  The Trial panel is requested to return 50 printer hardware pieces to F Co., Ltd.

Based on evidences and documents investigated at the trial,  Based on results of oral arguments at the trial achieved on the basis of full and thorough examination of evidences and standpoints of the procurator, statements of the defendant and other procedural documents,

JUDGMENTS OF THE TRIAL PANEL

At the trial, the defendant Nguyen Van T has expressed his cooperative attitude and admitted his crime. His statements at the trial are conformable with his statements provided at the investigation authority, the statements of witnesses and the civil plaintiff, seized exhibits, the Record of crime in flagrante made by the police station of VSIP Industrial Park, and the property valuation report made by the valuation panel specializing in criminal procedures. To be specific:

On July 04, 2017, by taking advantage of weaknesses in management of assets of F company (a wholly-foreign owned enterprise), Nguyen Van T, a company’s worker, has stolen 50 printer hardware pieces from the Company, worth VND 37,059,950.  Thus, the defendant Nguyen Van T is considered to commit the “Theft of property” crime according to Article 138 of the Criminal Code.

Although this is a less serious crime but the defendant's acts not only infringes the property ownership of the enterprise but also causes adverse influence on the public order, especially foreign-invested enterprises in Hai Phong City.  Thus, the case must be handled according to the criminal code.

[1] Factors for determining the sentence:  Total value of assets stolen by the defendant is VND 37,059,950. The defendant does not have other aggravating factors, so he should be sentenced according to Clause 1 Article 138 of the Criminal Code.

[2] Regarding mitigating factors: The defendant has expressed his cooperative attitude and contrition; all stolen assets have been found; the crime committed by the defendant leas to less serious consequences; the defendant commits a less serious crime and does not have prior criminal record; the defendant's paternal grandfather used to join the Resistance and now is a veteran; these mitigating factors are specified in Points g, h, p Clause 1 and Clause 2 Article 46 of the Criminal Code.  

The defendant has a clear residential address, it is not necessary to impose an imprisonment sentence on the defendant. Putting the defendant on probation is suitable for education and crime prevention purposes according to Article 60 of the Criminal Code.

Deeming that the defendant has a difficult family background and unstable income, it is not necessary to impose fines on the defendant.

Regarding civil liabilities:  The civil plaintiff does not request the defendant to make compensation, so the Trial panel shall not make judgment on this matter.

Regarding exhibits:

- Regarding 50 printer hardware pieces:  Stolen assets are legal assets of F company and F company has submitted a petition for getting back such assets, so the Trial panel decides to return such assets to F company.

- Regarding 02 backpacks; 01 knife; 01 cardboard box; 01 suit:  The defendant has used these things to commit the crime, and they cannot be used anymore. Thus, the Trial panel decides to confiscate and destroy them.

Regarding the court fees:  The defendant is liable to pay the court fees in accordance with applicable regulations.

For the said reasons,

THE COURT DECIDES

- To declare that the defendant Nguyen Van T committed the “Theft of property” crime.

1. Regarding punishment: Pursuant to Clause 1 Article 138, Points g, h, p Clause 1, Clause 2 Article 46, Article 60 of the Criminal Code,  Nguyen Van T is sentenced to the imprisonment of 15 (fifteen) months but is given the suspended sentence. The probation period is 30 (thirty) months commencing from the date of announcement of the first-instance judgment.  

The defendant Nguyen Van T shall be supervised and educated by the People’s Committee of B commune, C district, Hai Phong City during the probation period.

2. Regarding exhibits:  Pursuant to Article 41 of the Criminal Code, Article 76 of the Criminal Procedure Code;

02 (two) backpacks; 01 (one) knife; 01 (one) cardboard box; 01 (one) suit shall be confiscated and destroyed.  

50 (fifty) printer hardware pieces of 2.5 SATA 320 GB 500 GPTO brand shall be returned to F Co., Ltd. (Details of exhibits are specified in the Record of delivery of exhibits made on September 28, 2017 at the Department of Civil Judgment Enforcement of Hai Phong City).

3. Regarding the court fees:  The defendant Nguyen Van T must pay VND 200,000 (two hundred thousand) of the court fees for handling the first-instance criminal case.

4. Regarding the rights to appeal against the judgment:  The defendant present at the trial shall have the rights to appeal against the judgment within 15 (fifteen) days from the date of judgment announcement. The civil plaintiff is entitled to appeal against the judgment within 15 (fifteen) days from the date of receipt of the judgment or from the date on which the judgment is publicly posted in local area.