Verdict No. 31/2017/HSST dated july 28, 2017 on snatching

THE PEOPLE’S COURT OF HOA LU DISTRICT, NINH BINH PROVINCE

VERDICT NO. 31/2017/HSST DATED JULY 28, 2017 ON SNATCHING

On July 28, 2017, at the head office of the People’s Court of Hoa Lu district, Ninh Binh province, a first instance trial is conducted to hear the criminal case No. 27/2017/TLST-HS dated June 15, 2017 against:

Full name: Phung Tuan T, born in 1986 in CD commune, BV district, Hanoi city; registered permanent residence: VC village, CD commune, BV district, Hanoi city; address: V village, NX commune, HL district, Ninh Binh province; occupation: driver; education: 12/12; father: Mr. Phung The T and mother: Mrs. Tran Thi L;  wife: Mrs. Ngo Thi N; children: 2 born in 2010 and 2013; previous convictions or previous administrative violation: none. The defendant T was detained from March 15, 2017, currently detained at the Police Detention Center of Ninh Binh province; present.

- Aggrieved party: Ms. Nicole Jacqueline S, born in 1986.

Address: No. 88 Greenwich Street Apt 308 New York USA; absent.

- Interpreter: Ms. Do Thi X, born in 1984.

Address: B ward, NB city, Ninh Binh province; absent.

CONSIDERING THAT

The defendant Phung Tuan T is indicted for criminal offense below by the People’s Procuracy of Hoa Lu district:

Around 14:30 on March 13, 2017, Phung Tuan T, born in 1986, residing in: N village, NX commune, HL district, Ninh Binh province, rode a motorbike, Honda make, Wave RS model, license plate No. 29V1- 30974 on the road of NX commune, HL district to his friend’ house in NT commune. Approaching a stretch of road in K village, NX commune (in close proximity to a haunted mountain), targeting two foreigners riding two bicycles ahead in the same direction, the bicycle behind was rode by Ms. Nicole Jacqueline S, born in 1986, residing at: No. 88 Greenwich Street Apt 308 New York USA, a tourist who was staying in the hotel Homestay Chez in NT commune, HL district, Ninh Binh province, with a black cell phone, Iphone 7 brand, hanging out of the left back pocket. T came up with the intention to pickpocket this phone. T approached closely to the left of Ms. S's bicycle, snatched the phone by his right hand, speeded up and ran off; coming to the bridgehead of NX commune, T stopped to check the phone and threw away the phone case on the road, and then brought the phone to a FPT shop at No. 3, D street, DT ward, NB city to have the phone unlocked. Because the phone pass code could not be unlocked, T sold it the Mr. Nguyen Trong S, a shop assistant, for VND 1,000,000. In the evening on March 13, 2017, the investigation body of Hoa Lu district police summoned T to work and seized certain evidences as stated by T as follows: 1 black phone, Iphone 7 brand, at the FPT shop No. 3, DT street, DT ward, NB city handed over by Mr. Nguyen Trong S; 1 black phone case at the NX bridgehead; VND 1,000,000 and the motorbike, Honda make, Wave RS model, license plate No. 29V1-30974, and a registration certificate in the name of Phung Tuan T handed over by T.

In the conclusion of valuation of assets in criminal procedures No. 10 dated March 14, 2017, the Asset Valuation Council of Hoa Lu district states: The phone, Iphone 7 brand, 256GB, bought in September 2016 for USD 933, remains 85% of the original value, which is VND 18,109,296.

In the charging document No. 28/CT-VKS dated June 13, 2017, the People’s Procuracy of Hoa Lu district prosecuted Phung Tuan T for: “Snatching” as prescribed in point d clause 2 Article 136 of the Criminal Code. In today’s trial, the People's Procuracy of Hoa Lu district still upholds the prosecution and requests the Trial Panel to declare Phung Tuan T guilty of: “Snatching” pursuant to point d clause 2 Article 136; point b, p clause 1 Article 46; Article 47 of the Criminal Code, Phung Tuan T is sentenced to 20 to 24 months in prison; the prison term commences from the detention date, March 15, 2017. Pursuant to clause 1 Article 41 of the Criminal Code; point a clause 2 Article 76 of the Criminal Procedure Code, the motorbike, Honda make, Wave RS model, license place No. 29V1-30974 and the registration certificate in the name of Phung Tuan T shall be confiscated.

DEEMING THAT

At today’s trial, the defendant Phung Tuan T pleaded guilty to his criminal offense as follows: Around 14: 30 on March 13, 2017, T rode a motorbike, Honda make, Wave RS model, license plate No. 29V1- 30974 on the road of NX commune, HL district. Approaching a stretch of road in K village, NX commune, targeting two foreigners (one male and one female) riding two bicycles (tourists), the bicycle behind was rode by Ms. Nicole Jacqueline S, born in 1986, residing at: No. 88 Greenwich Street Apt 308 New York USA, with a black cell phone, Iphone 7 brand, hanging out of the left back pocket. T came up with the intention to pickpocket this phone. T approached closely to the left of Ms. S's bicycle, snatched the phone by his right hand, speeded up and ran off. After that, T threw away the phone case on the road, and then brought the phone to a FPT shop at No. 3, D street, DT ward, NB city to have the phone unlocked. Because the phone pass code could not be unlocked, T sold it the Mr. Nguyen Trong S, a shop assistant, for VND 1,000,000. The plea of guilty of T matches with documents available in the case file and the statement of the aggrieved party and other evidences in the case file.

Considering the offense process: T rode the motorbike license plate No. 29V1- 30974 on a road, targeting two foreigners (one male and one female) riding two bicycles on the same direction and the female’s black cell phone, Iphone 7 brand, hanging out of the left back pocket, T approached closely to the bicycle, snatched the phone and speeded away, the Trial Panel holds that T is guilty of: “Snatching” employing dangerous methods. The prosecution against T brought by the People’s Procuracy of Hoa Lu district, pursuant to point d clause 2 Article 136 of the Criminal Code may considered that guilty person is rightly convicted. Therefore, it is advisable to impose a harsh punishment to deter the defendant and help him become a good citizen. However, in deciding the punishment, it is necessary to consider his record and attitude. T has a good record without any previous conviction or previous administrative violation. His purpose and motive in commission of the crime are just sudden without any preparation of instrumentalities of crime; after commission of the crime, the defendant showed his repentance and gave truthful statements, and handed over the investigation body of Hoa Lu district VND 1,000,000 appropriated from the sold Iphone 7. These are mitigating circumstances of criminal liability as prescribed in point b, p clause 1 Article 46 of the Criminal Code, which shows the leniency of the law.

In addition, in this case, Nguyen Trong S, who bought the Iphone 7 from T for VND 1,000,000. The investigation result shows that Mr. S did not know that this phone had been snatched by T, so it is seen that there is no valid reason to take further action against Mr. S.

Regarding civil liability: After valuation, the investigation body of Hoa Lu district returned Ms. Nicole Jacqueline S the Iphone 7 and 1 phone case, and returned Mr. S VND 1,000,000 which had been previously paid to T for the phone. Ms. Nicole Jacqueline S and Mr. S received these things without any further request. So, the Trial Panel will not further consider the civil liability in this case.

Regarding exhibit handling: The investigation body of Hoa Lu district determined that the motorbike with license plate No. 29V1-30974 belongs to T, he used it as an instrumentality of crime. So it must be confiscated.

Regard court fee: Phung Tuan T must pay a given court fee as per the law.

Therefore,

HEREBY DECIDE

 1. Declare the defendant Phung Tuan T guilty of “Snatching”.

Pursuant to point d clause 2 Article 136; point b, p clause 1 Article 46; Article 47 of the Criminal Code in Viet Nam,

Sentence Phung Tuan T to 20 (twenty) months in prison. The sentence period is from the detention date, March 15, 2017.

 2 . Exhibit handling:

Pursuant to Clause 1 Article 41 of the Criminal Code; Point a Clause 2 Article 76 of the Criminal Procedure Code in Viet Nam:

Confiscate the motorbike with license plate No. 29V1-30974 and 1 registration certificate in the name of Phung Tuan T as indicated in the exhibit handover note dated June 13, 2017 of the Sub-Department of Civil Judgment Enforcement of Hoa Lu district.

3. Regarding court fee:

Pursuant to Article 99 of the Criminal Procedure Code and Resolution No. 326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of the National Assembly Standing Committee, stipulating the court fees and charges, collection, exemption, reduction, management, and use thereof: Force Phung Tuan T to pay VND 200,000 (two hundred thousand dong) of the criminal first instance court fee.

The defendant have the right to appeal the verdict within 15 days after the pronouncement date; the aggrieved party absent at the trial have the right to appeal the verdict within 15 days after the verdict is received or publicly posted up.

In case the court verdict or decision is enforced as per regulations in Article 2 of the Law on enforcements of civil judgments in Viet Nam, the judgment creditor and judgment debtor are lawfully allowed to reach an agreement on judgment enforcement, request judgment enforcement, be subject to voluntary execution or coercive judgment enforcement in compliance with regulations in Article 6, 7 and 9 of the Law on enforcement of civil judgments, and the effective period of judgment enforcement shall comply within provisions in Article 30 of the Law on enforcement of civil judgments.