On November 22, 2024, at the headquarters of the People's Court of Binh Dinh province, the public appeal trial of the criminal case No. 143/2024/HSPT dated October 9, 2024 against the defendant Vo Ngoc H was held due to the defendant's appeal against the first instance criminal judgment No. 39/2024/HS-ST dated September 4, 2024 of the People's Court of Tay Son district, Binh Dinh province.
– The defendant has appealed:
Vo Ngoc H, born on December 29, 2002 in T district, Binh Dinh province; residence: T village, T commune, T district, Binh Dinh province; occupation: None; educational level:
9/12; ethnicity: Kinh; gender: Male; religion: None; nationality: Vietnamese; son of Mr. Vo Ngoc H1, born in 1974 and Ms. Le Thi L, born in 1976; wife, children: None; criminal record: None; detained from February 2, 2024 to present. Present at the trial.
In addition, there are defendants Tran Trong N and Chau Van T who did not appeal and were not appealed or protested.
CASE CONTENT
According to the documents in the case file and the proceedings at the trial, the content of the case is summarized as follows:
At about 11:00 a.m. on January 22, 2024, Tran Trong N texted and called Chau Van T and Vo Ngoc H to go to Cau S in the area commonly known as Ham Than in village T, commune T, district T, Binh Dinh province to use drugs, but T was sleeping and did not respond, and H did not agree because he was tired and had no money. At about 12:30 p.m. the same day, after waking up, because he wanted to use drugs, H texted N to ask if he was using drugs so that H could come to use them. N said he was at home (because he could not call T). H asked N where he got the money to use drugs, and N said he would take care of it. At about 2:00 p.m. the same day, T texted N again. N told T to come to N's house to get money to buy drugs to use together. T agreed and went to N's house, N gave T 500,000 VND to buy drugs. T contacted a woman (unknown identity and background) to buy 500,000 VND of drugs. The woman agreed and arranged to deliver the drugs at the A bridge intersection in T village, T commune, T district. While T was buying drugs, H drove N to the S bridge to wait for T. T arrived at the A bridge intersection and waited when a woman came to sell T a package of drugs for 500,000 VND and then drove to the S bridge to meet N and H. T showed the package of drugs to H and then H gave the package of drugs to N. T took from the trunk of the car the following drug use tools: 01 blue plastic cap with 01 yellow plastic straw attached, 01 glass crossbow and 01 razor blade placed on the S bridge floor. N used the razor blade to cut the drug package into the palm of his hand, poured the drugs into the glass crossbow, took 01 plastic bottle containing water available at the S bridge and assembled it with a plastic cap with a straw attached. The pipe and glass crossbow form a complete drug use kit. N gave the drug use kit to T to hold, H used a lighter with a fire starter to heat and cook the drugs. Seeing that the drugs H had cooked had not completely dissolved, T continued to cook the drugs. About 5 minutes later, the drugs were finished cooking, T, H and N started to use the drugs; specifically: T heated and used 2 puffs of the drugs, T heated and used 2 puffs of the drugs for N and H, H heated and used 1 puff of the drugs, H heated and used 1 puff of the drugs for N and T, each of them.
While the group was using drugs, Nguyen Trong T1 texted N to invite him to contribute money to buy drugs to use, but N told T1 to wait until the evening. At the same time, N invited T1 to go to Cau S to use drugs with N, T and H. T1 agreed. At about 3:30 p.m. the same day, T1 went to Cau S to use drugs with T, N and H; specifically: T burned 2 puffs of drugs for T1 to use, T burned 1 puff of drugs himself, T burned 1 puff of drugs for N and H to use each.
At about 3:45 p.m. the same day, the police force came to inspect and discovered the illegal use of drugs by the above subjects. At the scene, they discovered and seized: 01 drug use tool kit with 01 glass crossbow containing crystal drugs inside; 01 rectangular plastic package, 01 edge open, containing crystal drugs inside and some related objects.
Urine test results determined that subjects T, N, H and T1 were all positive for the drug Methamphetamine.
In the Conclusion of the appraisal No. 63/KL-KTHS dated January 24, 2024, Department K - Provincial Police of B concluded: The white solid (crystal form) adhering inside 01 curved glass tube 6.8cm long, one end of a round funnel with a diameter of 1.7cm sent for appraisal is a drug of the type: Methamphetamine, the amount of adhesive sample is small and not enough to determine the mass. The white solid (crystal form) adhering inside 01 (one) transparent plastic package measuring (1.8×0.5)cm, with one end cut off, sent for appraisal is a drug of the type: Methamphetamine, the amount of adhesive sample is small and not enough to determine the mass.
In the First Instance Criminal Judgment No. 39/2024/HS-ST dated September 4, 2024, the People's Court of Tay Son District based on Point b, Clause 2, Article 255, Point s, Clause 1, Article 51, Article 38 of the Penal Code sentenced defendant Vo Ngoc H to 07 years in prison for the crime of "Organizing illegal use of narcotics". In addition, the first instance judgment also decided on the punishment for defendants Tran Trong N and Chau Van T, the handling of evidence, court fees and the right to appeal according to the law.
On September 11, 2024, defendant Vo Ngoc H appealed for a reduction in sentence. At the trial, defendant Vo Ngoc H maintained the above appeal request.
At the trial, the representative of the People's Procuracy of Binh Dinh province requested the Appellate Court not to accept the appeal of defendant Vo Ngoc H and to uphold the original judgment.
JUDGMENT OF THE COURT
Based on the content of the case, based on the documents in the case file that were debated at the trial, the Trial Panel determined as follows:
[1] The defendant's testimony at trial is consistent with the defendant's testimony in the case file and consistent with other evidence, so there is sufficient basis to determine:
Tran Trong N, Chau Van T and Vo Ngoc H are drug users. At noon on January 22, 2024, N texted and called T and H to invite them to Cau S in the area commonly known as Ham Than in T village, T commune, T district to use drugs. At about 2:00 p.m. the same day, T drove a motorbike to N's house to get money to buy drugs. After buying drugs, N, T and H gathered in the Cau S area to burn drugs together to use. At about 3:30 p.m. the same day, Nguyen Trong T1 went to Cau S to use drugs with the whole group. At about 3:45 p.m. the same day, he was checked and discovered by the police.
In this case, N was the initiator, enticing T, H and T1 to use drugs, directly spending money to buy and preparing drug use equipment. T was the one who directly bought drugs, prepared the use equipment, cooked and burned the drugs for N, H and T1 to use. H directly drove the motorbike carrying N to the location of drug use, cooked and burned the drugs for N and T to use.
Therefore, the People's Court of Tay Son district tried the defendants Tran Trong N, Chau Van T and Vo Ngoc H for the crime of "Organizing illegal use of narcotics" with the sentencing circumstance "For 02 or more people" according to Point b, Clause 2, Article 255 of the Penal Code, which is appropriate.
[2] Considering the appeal for a reduction in the sentence of defendant Vo Ngoc H, the Appellate Court found that:
The defendant's actions violated the State's drug management regime, negatively affecting local security and order.
The defendant has no aggravating circumstances and has mitigating circumstances, which are honest confession and repentance as prescribed in Point s, Clause 1, Article 51 of the Penal Code. At the appeal level, the defendant did not add any other mitigating circumstances.
Thus, the defendant has only 01 mitigating circumstance of criminal liability as prescribed in Point s, Clause 1, Article 51 of the Penal Code, not meeting the conditions for consideration of a reduction of the penalty as prescribed in Clause 1, Article 54 of the Penal Code (the offender has at least 02 mitigating circumstances of criminal liability as prescribed in Clause 1, Article 51 of the Penal Code).
Based on the nature, extent, consequences of the crime and the defendant's personal background, the Court of First Instance sentenced the defendant to 7 years in prison, the lowest level of the penalty range, which is appropriate and has a general deterrent and preventive effect.
From the above assessment, the Appellate Court did not accept the appeal for a reduction in the sentence of the defendant Vo Ngoc H, and upheld the first instance judgment regarding the sentence for the defendant.
[3] Regarding criminal appeal court fees: According to the provisions of Point b, Clause 2, Article 23 of Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of the Standing Committee of the National Assembly regulating the collection, exemption, reduction, collection, payment, management and use of court fees and charges, defendant Vo Ngoc H must pay 200,000 VND.
[4] Other decisions of the first-instance criminal judgment that are not appealed or protested shall take legal effect from the date of expiration of the appeal or protest period.
[5] At the trial, the representative of the People's Procuracy of Binh Dinh province proposed not to accept the appeal for a reduction in the sentence of the defendant Vo Ngoc H, and to maintain the original judgment of the first instance, which is consistent with the above assessment of the Appellate Trial Panel.
For the above reasons,
DECISION
Pursuant to Point a, Clause 1, Article 355 and Article 356 of the Criminal Procedure Code; Pursuant to Point b, Clause 2, Article 255 and Point s, Clause 1, Article 51 of the Penal Code;
Pursuant to Point b, Clause 2, Article 23 of Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of the Standing Committee of the National Assembly stipulating the levels of collection, exemption, reduction, collection, payment, management and use of court fees and charges.
1. Do not accept the appeal of defendant Vo Ngoc H. Uphold the original judgment.
2. Sentence defendant Vo Ngoc H to 07 (seven) years in prison for the crime of "Organizing illegal use of narcotics". The term of imprisonment is calculated from February 2, 2024.
3. Regarding criminal appeal court fees: Defendant Vo Ngoc H must pay 200,000 VND (two hundred thousand VND).
4. Other decisions of the first-instance criminal judgment that are not appealed or protested shall take legal effect from the date of expiration of the appeal or protest period.
5. The appellate judgment takes legal effect from the date of judgment.
