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.jpg "Án tù chung thân cho kẻ giết em trai tại Kinh Môn vì tranh chấp đất ở")
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The High People's Court in Da Nang decided to change the first instance court's 20-year prison sentence to life imprisonment for the defendant who killed a creditor in Binh Dinh province because of "despicable motives".
Defendant Dinh Cong Nhat at the first instance trial held by Binh Dinh Provincial People's Court in March 2023
On November 26, the High People's Procuracy in Da Nang issued a notice of experience to the People's Procuracies of localities in the region related to the case of Dinh Cong Nhat (37 years old, in Phu My district, Binh Dinh province) killing a creditor and then burying his body in a cemetery.
According to the above announcement, the High People's Court in Da Nang recently held an appeal hearing, accepted the appeal of the legal representative of the victim, and announced an amendment to the criminal judgment dated March 10, 2023 of the People's Court of Binh Dinh province sentencing defendant Dinh Cong Nhat to life in prison for the crime of "murder".
The Court of Appeal also amended the civil part of the first instance judgment, forcing the defendant Nhat to pay 260 million VND in compensation for violating the victim's life (the first instance judgment forced the defendant to pay 116 million VND in compensation).
According to the announcement of the High People's Procuracy in Da Nang, Nhat owes Mr. PVD (in My Chanh commune, Phu My district) a sum of money.
At about 5:30 p.m. on January 6, 2022, Mr. D. went to meet Nhat at the boat anchorage in My Cat commune (Phu My district) to collect the debt, but Nhat did not have money to pay, leading to an argument and fight between the two sides.
During the struggle, Nhat kicked D., causing him to fall backwards, then used a wooden stick in his hand to hit the victim's temple, strangling him, causing D. to stop breathing.
After D. died, Nhat drove the boat to De Gi lagoon to dispose of the body, but then brought it back to shore and buried the victim's body in the cemetery in My Cat commune.
Nhat used Mr. D's phone number to text his relatives to mislead the investigation and conceal the murder.
After that, Nhat took a car to Vung Tau, followed a boat to work at sea. On February 15, 2022, Nhat went to Phu My District Police to confess, admitting all his crimes.
At the first instance trial on March 10, 2023, the People's Court of Binh Dinh province sentenced Dinh Cong Nhat to 20 years in prison for "murder"; ordered the defendant to pay 116 million VND in compensation for violating PVD's life; and obliged to provide child support for PGN (born in December 2019, son of Mr. D.) 1.5 million VND per month from January 2022 until N. turns 18 years old.
According to the High People's Procuracy in Da Nang, the reason the appellate court revised the first instance judgment and increased the prison sentence for Dinh Cong Nhat was because in addition to the act of murder with a hooligan nature, the defendant also committed an additional circumstance that determined the penalty "due to a despicable motive".
The court of first instance failed to apply this circumstance, leading to a 20-year prison sentence for defendant Nhat, which was not commensurate with the crime and consequences the defendant caused.
The increase in civil compensation is due to the appellate court applying legal provisions to increase the compensation for mental damage caused by the defendant's violation of Mr. D's life.
According to Tuoi Tre