The appellate court held that there was not enough basis to determine that Nguyen Kim Trung Thai was an accomplice to the crime of Murder, so there was no basis to accept the appeal of the victim's lawyer.
On the morning of May 10, the High People's Court in Ho Chi Minh City issued a verdict against defendant Nguyen Kim Trung Thai (38 years old) in the case of violence that caused the death of NTVA (8 years old, Thai's child) in 2021.
According to the panel of judges, regarding Nguyen Vo Quynh Trang's appeal, the defendant stated that she voluntarily withdrew her appeal. The panel of judges found that the defendant's appeal was in accordance with the law, so the appeal hearing was suspended.
Regarding the appeal of the lawyer for the victim, the lawyer argued that the sentence of 8 years in prison imposed by the court of first instance on the defendant Nguyen Kim Trung Thai was too light, did not demonstrate the strictness of the law and was also not consistent with the nature of Thai's cruel crime. Therefore, the lawyer appealed to request the cancellation of the first instance judgment and change the charge of Nguyen Kim Trung Thai to Murder as an accomplice of Trang.
According to the panel of judges, the records show that on December 7, 9, 11 and 12, Trang beat her nephew, Thai directly gave Trang a metal whip and a rattan cane, and Thai only used words and did not directly intervene. Therefore, there is a basis to determine that Thai was an accomplice with Trang in the crime of Torturing others.
“VA’s injuries were new injuries. According to the autopsy, these injuries occurred within 1-6 hours of death, the old injuries were only additional factors. The injuries on December 7, 10, 11 and 12 did not cause the injuries leading to the victim’s death,” the panel of judges stated.
According to the panel of judges, during the 10 days before her death, VA was still living normally. On December 22, 2021, she was beaten continuously for 4 hours. At this time, Thai was not at home, and through the camera, Thai had verbally prevented Trang. Therefore, the panel of judges believes that there is not enough basis to determine that Thai is an accomplice to the crime of Murder, so there is no basis to accept the appeal of the victim's lawyer.
From there, the appellate court rejected the appeal of the victim, upholding the original judgment against Nguyen Kim Trung Thai. Sentenced defendant Thai to 3 years in prison for Torturing others, 5 years in prison for Concealing a criminal, totaling a total sentence of 8 years in prison.
Defendant Nguyen Kim Trung Thai in court. Photo: Duy Hieu.
On April 28, during the trial, the panel of judges decided to suspend the case against defendant Nguyen Vo Quynh Trang when she withdrew her appeal before the trial.
In court, defendant Nguyen Kim Trung Thai said he knew about Trang beating VA, he tried to stop her, and he did not participate in the beating. Thai said the incident happened more than a year ago, so he could not remember the details. “I am very tormented. This is a very scary memory for me,” Thai said.
Expressing his opinion, the representative of the High-level People's Procuracy in Ho Chi Minh City said that the injuries before December 12, 2021 did not cause the death of VA. "Extracting the camera and phone of the defendant Thai on December 12, 2021 shows that the defendant Thai did not participate in torturing VA and prevented the defendant Trang from beating her," said the representative of the People's Procuracy.
According to the prosecutor, the appeal of the legal representative of the victim stated the basic contents, but it is not the basis for acceptance. Determining whether Thai was an accomplice of Trang or not, through the evidence and questioning of the defendants, it shows that the cause of VA's death was acute pulmonary edema and traumatic shock; at the time VA was beaten, causing the fatal injury, Thai was not present...
Pursuant to Article 355 and Article 356 of the Criminal Procedure Code, the People's Procuracy requested the court to reject the victim's appeal because there was no basis to determine that Thai was an accomplice to the crime of Murder.
In his final statement, Nguyen Kim Trung Thai said that after being detained, he had clearly realized his mistakes. “I am very ashamed of my actions. I apologize to my ex-wife (Ms. NTH - VA's mother) and my family and relatives,” Thai said, promising to try to reform himself and cultivate his character so that he can soon have a chance to change his life.
Defendant Nguyen Vo Quynh Trang in court. Photo: Duy Hieu
At the first instance trial on November 25, 2022, Ho Chi Minh City People's Court sentenced defendant Nguyen Vo Quynh Trang to death for murder, 3 years in prison for torture, the total sentence is death.
Defendant Nguyen Kim Trung Thai received a sentence of 3 years in prison for Torturing others, 5 years in prison for Concealing a criminal, a total sentence of 8 years in prison.
The first instance verdict showed that Trang had a relationship with Thai after the man divorced her. During the time they lived together in the apartment, Thai entrusted his daughter NTVA (8 years old) to Trang to take care of. Later, Trang ordered a rattan cane to discipline Thai’s stepchild. When the cane broke, Trang switched to beating the child with a 90cm long wooden stick and forcing VA to kneel in the dog cage.
On December 7, 2021, Trang forced VA to kneel down with both hands raised high and then used a whip to beat her. Sitting on the bed witnessing the incident, Thai cursed and forced VA to kneel down to study. Continuously from December 7 to December 12, 2021, Trang repeatedly beat and tortured VA, but Thai did not stop her, but instead joined Trang in beating and torturing A.
In addition, Trang used a dangerous weapon to beat VA's vital areas for nearly 4 hours, causing the child's death. Thai was the person who directly raised and cared for VA. He saw Trang beating and torturing him for many days and hours, but remained indifferent, did not stop or take any action to protect or shelter his child.
On December 22, 2021, after learning that Trang had beaten baby A. to death, Thai logged into the camera management application and deleted all data from the 4 cameras in the apartment to conceal Trang's crime.
According to Zing
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