Verdict no. 389/2017/HSST dated november 21, 2017 on stealing of property

THE PEOPLE’S COURT OF HO CHI MINH CITY

VERDICT NO. 389/2017/HSST DATED NOVEMBER 21, 2017 ON STEALING OF PROPERTY

On November 21, 2017, at the office of People’s Court of Ho Chi Minh City, the first instance trial was conducted to hear the criminal case No. 516/2017/TLST-HS dated October 9, 2017 against the defendants:

1. Nguyen Huu C; born on: September 29, 1994, in Ho Chi Minh City; place of residence: 578/1 D1 Street, D2 Ward, D District, Ho Chi Minh City; occupation: none; education level: 6/12; ethnicity: Kinh People; gender: male; religion: none; nationality: Vietnamese; father’s name: X (1968) and mother’s name: Y (1971); previous conviction: none; previous administrative violation: none; arrested and detained from June 15, 2017 (present).

2. Huynh Thanh T; born on: September 21, 1997, in Ho Chi Minh City; place of residence: 413/28 P1 Street, P2 Ward, P District, Ho Chi Minh City; occupation: salesman; educational level: 9/12; ethnicity: Kinh People; gender: male; religion: none; nationality: Vietnamese; father’s name X1 (1976) and mother’s name: X2 (1974); no wife and child; previous conviction: none; previous administrative violation: none; arrested and detained from June 15, 2017 (present).

FINDING THAT

The defendants Nguyen Huu C and Huynh Thanh T were prosecuted by the Ho Chi Minh City People's Procuracy on criminal offenses as follows:

At 20:00 on June 14, 2017, Nguyen Huu C asked Huynh Thanh T to steal property of foreigners using the trick of making approaching to foreigners and soliciting them to give massage or have sex in hotel, and then exploiting loophoes to appropriate their property. T agreed and rode a red Honda Vision, license plate No. 59E1-748.xx carrying C through many streets in Ho Chi Minh City. Arriving in front of the house No. 149 Pasteur, Ward 6, District 3, seeing a male foreigner (unknown identity and nationality) walking down the sidewalk in the same direction, then T stopped and let C got off the motorbike to solicit the man to give massage and have sex in hotel. While talking, C thrust the left hand into the right pocket of the man’s short pants, took a black gray Iphone 6S Plus phone and got on the motorbike and T fled away. Not knowing that the phone was stolen, the man went away. On the way to escape, C took off the sim card of the stolen phone and threw it away and told T ran home at 578/1 D1 Street, D2 Ward, District D to hide the phone. At this house, C told Mrs. Dang My M (his sister-in-law) that the phone belongs to C. It was out of battery, so he left it with her and would take it later. After that, T rode the red Honda Vision motorbike, license plate No. 59E1-748.xx, continued to carry C to steal foreigners' property with the above form and tricks.

At about 22:00 on the same day, when going to Ho Chi Minh City University of Economics, at 59C Nguyen Dinh Chieu, Ward 6, District 3, seeing Mr. Daniel Martin E and Mr. Sandler Lourence E (US citizen) walking down the sidewalk in the same direction, T stopped the motorbike and let C come down to talk to ask Mr. Daniel Martin E to go to a hotel for massage. While talking, C used his right hand to touch Mr. Daniel Martin E's penis to distract him, and at the same time thrust the left hand into Daniel Martin's pocket to take the gold Iphone 6 phone. Then C got on the motorbike to let T to escape. Mr. Daniel Martin E discovered that, chased after them, and grabbed the tail of T, C to pull back. T continued to speed up fleeing away and dragged Mr. Daniel Martin E for a stretch of road, and then they were arrested by the public and handed over to the Police of Ward 6, District 3. The Police mad a report to arrest the offender caught in the act and transfer them to the Investigating Body of Police of District 3.

Searching the house No. 578/1 D1 Street, D2 Ward, District D, Police Investigation Body of District 3 has seized 01 gray iPhone 6S Plus phone of a foreign man (unknown identity) that Nguyen Huu C and Huynh Thanh T previously stole it on June 14, 2017.

The Police Ward 6, District 3 verifies that: On June 14, 2017, there was no victim reporting the loss of a mobile phone in front of the house at 149 Pasteur, Ward 6, District 3.

According to the asset valuation result No. 87 dated June 20, 2017, the Asset Valuation Council in Criminal Procedure of District 3 concludes: "01 used gold Iphone phone, 128GB capacity, Imei number 354406068447391, it is worth VND 4,100,000 ".

In the process of resolving the case from the investigation stage, defendants Nguyen Huu C and Huynh Thanh T confessed their offense as above.

Because the identity of the victim has not been determined, the grey black Iphone Plus on June 14, 2017 in front of the house 149 Pasteur, Ward 6, District 3, it is necessary to continue to clarify and handle later.

Exhibits of the case:

- - 01 gold Iphone 6 mobile phone, 128GB capacity, returned to owner Mr. Daniel Martin E.

- - 01 dark grey Iphone 6S Plus mobile phone;

- - Seized from the defendant Nguyen Huu C:

+ 01 gold Iphone 6 mobile phone;

+ 01 brown Nokia 1616 mobile phone;

+ 01 black handbag, size 20cm x 15cm with strap, the front has CHENAL phrase;

+ 01 white helmet with VERSAGE logo printed.

- - Seized from the defendant Huynh Thanh T:

+ 01 gold Iphone 7 Plus 128GB;

+ 01 red Honda Vision motorbike, license plate 59E1-748.xx, engine number of JF66E0052234, original frame, unchanged. As a result of the verification, the above vehicle is under ownership of Huynh Thanh T, T confessed that he used this vehicle as a means to commit crime;

+ 01 vehicle registration card, license plate No. 59E1-748.xx in the name of Huynh Thanh T.

With regard to civil liability: Mr. Daniel Martin E received the property back and has no requests.

In the indictment No. 369 / CT-VKS-P2 dated September 28, 2017 of Ho Chi Minh City People's Procuracy, prosecuted defendants Nguyen Huu C and Huynh Thanh T for "Stealing of property as prescribed in Clause 1, Article 138 of the Criminal Code.

At the first instance court hearing:

The defendants Nguyen Huu C and Huynh Thanh T all admitted their criminal acts.

The representative of the People's Procuracy of Ho Chi Minh City upheld the prosecution and proposed the application of Clause 1 of Article 138; Point p, Clause 1, Article 46 of the Criminal Code, to sentence Nguyen Huu C to from 09 (nine) months to 12 (twelve) months in prison and sentence Huynh Thanh T to from 09 (nine) months to 12 (twelve) months in prison. Regarding material evidences, propose the Trial Council to handle according to law provisions.

Based on documents and items of evidence assessed at the court hearing; argument result at the court hearing and extensive verification of items of evidence, opinions of procurators.

CONSIDERING THAT

At the Investigation Body as well as at today’s trial, the defendants admitted their entire criminal acts. Comparing with documents and evidence collected by the Investigation Body in the case file, the report of arrest of the offenders caught in the act and seized material evidence, the Trial Panel has sufficient grounds to determine: Nguyen Huu C and Huynh Thanh T had approached and pretended to talk to foreigners, invited to go to a massage or have sex in a hotel, then took advantage of loopholes to usurp their property. Specifically, on June 14, 2017, with the above tricks, the defendants successfully appropriated 01 gold iPhone 6 mobile phone of Mr. Daniel Martin E. According to the asset valuation conclusion, the value of the phone stolen by the defendants is VND 4,100,000. Thus, the defendants’ acts are enough to constitute the crime of "Stealing of property" under Clause 1 Article 138 Criminal Code 1999, amended in 2009. Ho Chi Minh City People's Procuracy Minh’s prosecution against the defendants for the offense and above provision was made justly and legally.

The defendant’s offense is dangerous to society, not only directly infringing the properties of foreign visitors, adversely affecting the image of Vietnamese people, but also disturbing the peace, causing the public feel anxious and insecured. The defendants fall into a simple accomplice, in which the defendant Nguyen Huu C is the mastermind who persuades Huynh Thanh T to commit the crime, and also a person who directly thrust the hand into pocket to steal property, and the defendant Huynh Thanh T assists and ride motorbikes carrying C in search of property to steal and escape after appropriating property, so the Trial Panel applies Article 20; Article 53 Criminal Code when considering penalties for defendants

Regarding the extenuating circumstances of criminal liability: Defendant Nguyen Huu C and defendant Huynh Thanh T committed the first offense and are in the less serious case, the investigation process as well as at the trial today, the defendants showed cooperative attitude and repentance, but not causing great damage, therefore, the Trial Panel shall apply points h and p, Clause 1, Article 46 of the Criminal Code, to partly reduce the penalty for the defendants.

With regard to civil liability: Mr. Daniel Martin E received the property back and gives no request so the Trial Panel does not consider it further.

Exhibits:

- For 01 gold Iphone mobile phone, 01 brown Nokia 1616 mobile phone; 01 black handbag, size 20cm x 15cm with strap, the front has CHENAL phrase; and 01 white helmet with VERSAGE logo printed seized from the defendant Nguyen Huu C belong to the defendant's personal property, unrelated to the case, they will be returned to C.

- For 01 gold Iphone 7 Plus phone seized from the defendant Huynh Thanh T belongs to the defendant's personal property, not related to the case, it will be returned to T..

- For a red Honda Vision motorbike, license plate number 59E1-748.xx seized from defendant Huynh Thanh T and 01 license plate number 59E1-748.xx, the defendant claimed to use this motorbike as a means to commit crime, it will be confiscated to the state fund.

- For 01 grey-black Iphone 6S Plus mobile phone that is stolen but the victim cannot be identified, this is an illegal property, it will be confiscated to the state fund.

With reference to court fees: The defendants have to pay first instance criminal court fees as per the law.

According to documents and evidence mentioned above:

HEREBY DECIDES

Declare the defendant Nguyen Huu C and Huynh Thanh T guilty of "Stealing of property".

Pursuant to Clause 1 of Article 138; Points b and p, Clause 1 and Article 46; Article 20; Article 53 of Criminal Code 1999, amended in 2009.

Sentence Nguyen Huu C to 12 (twelve) months in prison. The prison term commences from June 15, 2017.

Pursuant to Clause 1 of Article 138; Points b and p, Clause 1 and Article 46; Article 20; Article 53 of the Criminal Code 1999, amended in 2009:

Sentence the defendant Huynh Thanh T to 06 (six) months in prison. The prison term commences from June 15, 2017.

Apply Article 76 of Criminal Procedure Code:

The following exhibits shall be confiscated: 01 (one) motorbike, Honda brand, 02 wheels, Vision type, license plate 59E1-748.xx, frame number RLHJF5813GY052103, JF66E0052234; 01 (one) license plate number 59E1-748.xx in the name of Huynh Thanh T; 01 (one) dark grey Iphone 6S Plus mobile phone (actual model A1634).

Return to defendant Nguyen Huu C 01 (one) gold Iphone mobile phone, 01 (one) brown Nokia 1616 mobile phone; 01 (one) black handbag, the front has Chenal phrase; 01 (one) white helmet with Versace logo printed.

Return to the defendant Huynh Thanh T 01 (one) gold Iphone 7 Plus phone (actual model A1784).

 (According to the document of handover of exhibits No. 59/18 dated November 20, 2017 of the Department of Civil Judgment Enforcement of Ho Chi Minh City)

Defendant Nguyen Huu C has to pay VND 200,000 (two hundred thousand) of court fee.

Defendant Huynh Thanh T has to pay VND 200,000 (two hundred thousand) of court fee.

The defendants have the right to appeal the Verdict within 15 days from the date of pronouncement.