CASE LAW NO. 45/2021/AL On Attempted Murder (Please note that this image is not related to the specific case being discussed).

CASE LAW NO. 45/2021/AL

On Attempted Murder

Approved by the Judicial Council of the Supreme People’s Court on November 25^th, 2021, and published under Decision No. 594/QĐ-CA dated December 31^st, 2021, by the Chief Justice of the Supreme People’s Court.

Source of the Case Law:

The Appellate Criminal Judgment No. 395/2021/HS-PT dated September 24^th, 2021, by the High People’s Court in Hà Nội regarding the criminal case of “Murder” involving defendants Nguyễn Bá T, Phạm Hoàng T1, Phạm Quang V, Nguyễn Đinh An K.

Location of the Case Law’s Content:

Paragraphs 4 and 5 of the “Court’s Opinion” section.

Summary of the Case Law:

– Case Background:

The defendant intentionally performed acts aimed at depriving the victim of their life, resulting in the victim suffering health impairment with a rate of 100%.

– Legal Resolution:

In this case, the Court must determine that the fatal consequence did not occur, and the defendant is criminally responsible for the crime of “Attempted Murder”.

Relevant Legal Provisions:

Article 15 and Article 123 of the Criminal Code of 2015, amended and supplemented in 2017.

Keywords:

“Depriving of life”; “Health impairment rate is 100%”; “Attempted crime”; “Murder”.

CASE DETAILS

According to the documents in the case file, the case details are summarized as follows:

Nguyễn Bá T, along with Phạm Quang V, Phạm Hoàng T1, and Nguyễn Đinh An K, are social friends. At the beginning of 2018, Nguyễn Bá T had a romantic relationship with Lê Minh A1 (born in 2002; residing at group 41, Ô Ward, Đ District, Hà Nội). By the end of 2018, the two broke up.

Upon investigation, Nguyễn Bá T learned that Lê Minh A1 had begun a relationship with Hồng Quốc A (born in 2002; residing at house No. 9A, Alley 344, Lane 50/1, N Street, T Ward, L District, Hà Nội), who was also a former friend in Nguyễn Bá T’s group. This made Nguyễn Bá T angry and he wanted to find and assault Hồng Quốc A to seek revenge.

Around 11:30 PM on January 5^th, 2019, after drinking alcohol, Nguyễn Bá T called Nguyễn Đinh An K to inquire about Hồng Quốc A dating T’s ex-girlfriend and arranged to meet K at M Market area in B Ward, H District, Hà Nội, to discuss. At that time, Nguyễn Đinh An K was out with Nguyễn Hữu Nam S (born in 2000), Vũ An K1, and a person named “K2” (identity unknown) on 03 motorbikes near C bridge. After receiving Nguyễn Bá T’s call, K invited S, K1, and K2 to go to M Market area to meet Nguyễn Bá T.

After calling Nguyễn Đinh An K, Nguyễn Bá T met Phạm Quang V on C Street and asked V to accompany him for a matter. V and T went by motorbike to the roof of L Tunnel, Đ District, Hà Nội, where they met Phạm Hoàng T1, Phan Tuấn A2 (born in 2000), and individuals named Đ, D, and 02 other unknown young men. Đ asked T where he was going, and T said, “Going to find that dog” (meaning to find Hồng Quốc A) and asked Đ: “Are you coming?” Đ, T1, Tuấn A2, D, and the two other young men agreed to go along.

After that, Nguyễn Bá T, Phạm Quang V, Phạm Hoàng T, Tuấn A2, Đ, D, and the two unknown young men moved by motorbike from the roof of L Tunnel to M Market area. There, Nguyễn Bá T’s group met K, S, K1, and K2. Only Nguyễn Đinh An K knew the house of Hồng Quốc A, so Nguyễn Bá T told K to lead the way. K asked, “What’s the matter?” T replied, “He played with me and betrayed me, he took my girlfriend, you lead me to destroy him”. Nguyễn Bá T threatened that if K did not show the way, he would consider K an enemy.

Out of respect, Nguyễn Đinh An K agreed to lead the way for T and the group to Hồng Quốc A’s house in L District. Before going, Nguyễn Bá T asked everyone to fill up gas at the gas station on V Street, H District, and T would pay. T also told V to get weapons, but K and V stopped him, so he didn’t.

Then, Nguyễn Bá T, K, V, T1, Tuấn A2, K1, S, K2, Đ, D, and the two unknown young men went on about 05 motorbikes, including Tuấn A2 and T1 on a green Wave motorcycle with plate number 29C1-613.93; K and the person named “K2” on a black Wave motorcycle with plate number 29B1-936.67… heading to T Ward, L District.

When Nguyễn Đinh An K brought the individuals to Hồng Quốc A’s house, Nguyễn Bá T called but Hồng Quốc A did not come down. T threatened, “Do you believe I can burn your house down with only five thousand dong worth of gasoline?” Consequently, Hồng Quốc A, frightened, came down to talk to T, while the others waited outside in the alley.

During the conversation, Nguyễn Bá T said, “Do you know she is my lover? How many times have you kissed her? Have you done anything with her?” When Hồng Quốc A denied it, T shouted, “Get the hell out.” At this point, Phạm Quang V called Hồng Quốc A out to talk. When Hồng Quốc A went to the alley where T1 was standing, Phạm Hoàng T1 said, “This guy looks so handsome, yet he steals someone’s lover.” Hearing this, Hồng Quốc A pushed Phạm Hoàng T1 on the shoulder, resulting in T1 kicking A twice in the leg.

As Hồng Quốc A reached the alley where the group had parked their vehicles, Phạm Quang V told him to sit down. Phạm Hoàng T1 then kicked A in the knee and ran to fetch a stick and bricks to hit him but was stopped by Tuấn A2, leading T1 to discard the stick and bricks. At this moment, Nguyễn Bá T said, “Đ, hit him,” prompting Đ to kick Hồng Quốc A, causing him to fall. Phạm Quang V dragged A up and said, “Do you know how prison beatings feel?”

When A pushed V’s hand away, V kneed A in the hip. As Hồng Quốc A moved back about a meter, Đ kicked him in the face, making him fall to the ground, with his hands covering his head. Đ continued to stomp on Hồng Quốc A’s head 3-4 times. Seeing this, Phạm Hoàng T1 rushed in and kicked A’s back. Meanwhile, Nguyễn Bá T came out from the alley and pointed out a piece of wood measuring approximately (40×60) cm to Phạm Quang V, who picked it up and struck Hồng Quốc A’s head, splitting the wood in two.

At this point, Nguyễn Đinh An K and K2 witnessed the group attacking Hồng Quốc A and left. Đ picked up the broken piece of wood and hit A again. While the victim lay on the Street, Phạm Hoàng T1 stepped on his face, causing Nguyễn Bá T to say, “Are you trying to kill him?”

Phạm Quang V then took his motorbike and stopped near Hồng Quốc A, saying, “Stay right there, if I don’t see you lying there tomorrow, I will beat you again.” Nguyễn Bá T also asked, “Are you dead yet?” but Hồng Quốc A only moved slightly without responding. Subsequently, all the individuals left on their vehicles. Hồng Quốc A was taken to V Hospital by nearby residents for emergency treatment.

On January 8^th, 2019, and January 10^th, 2019, the Investigation Police Agency – Police of L District arrested Nguyễn Đinh An K, Phạm Hoàng T1, and Phạm Quang V under urgent circumstances. Following the incident, Nguyễn Bá T fled but turned himself in on July 14^th, 2019. The case was later transferred to the Investigation Police Agency – Police of Hà Nội City for jurisdiction.

According to the Forensic Examination Report No. 68/TTPY dated January 16^th, 2019, by the Forensic Center of H Department of Health regarding the victim Hồng Quốc A, it was determined that: “…The victim Hồng Quốc A suffered from a broken nasal bone, fluid accumulation in both maxillary and sphenoid sinuses; subdural hematoma in the left hemisphere, subarachnoid hemorrhage, brain swelling, obscured gyri in both hemispheres, midline shift.

The brain system is asymmetrical. Scalp hematoma on the right parietal region. Swelling and bruising on the forehead and left temporal region; bruised and swollen forearms on both sides; swollen shoulder and back of the left hand. Conclusion: Hồng Quốc A sustained a traumatic brain injury and is currently in a vegetative state. The long-term impact of the brain injury is yet to be assessed, and further evaluation is recommended upon discharge from the hospital. The injuries are likely caused by blunt objects. The health impairment rate is 100%.”

Civil Liability: During the investigation, Mrs. Phạm Thanh T2 (the legal representative of the victim Hồng Quốc A) confirmed that the families of the defendants Phạm Hoàng T1, Phạm Quang V, and Nguyễn Đinh An K had compensated her family with a total amount of VND 75,000,000. Mrs. T2 continued to request further compensation from the defendants for Hồng Quốc A when the case is brought to trial.

In the First-Instance Criminal Judgment No. 150/2020/HSST dated May 18^th, 2020, the Hà Nội People’s Court decided:

Declared the defendants: Nguyễn Bá T, Phạm Quang V, Phạm Hoàng T1, and Nguyễn Đinh An K guilty of “Murder”;

Applied point n clause 1 Article 123; point s clause 1 Article 51; points h, o clause 1 Article 52; Article 39; Article 48; Article 58 of the Criminal Code for Nguyễn Bá T;

Applied point n clause 1 Article 123; point s clause 1, clause 2 Article 51; Article 38; Article 48; Article 58 of the Criminal Code for Phạm Quang V;

Applied point n clause 1 Article 123; point s clause 1, clause 2 Article 51; Article 38; Article 48; Article 58; Article 91; Article 101 of the Criminal Code for Phạm Hoàng T1;

Applied point n clause 1 Article 123; point s clause 1, clause 2 Article 51; Article 38; Article 48; Article 58 of the Criminal Code for Nguyễn Đinh An K;

Sentenced:

– Defendant Nguyễn Bá T to life imprisonment, with the sentence term starting from July 14^th, 2019.

– Defendant Phạm Quang V to 20 years imprisonment, with the sentence term starting from January 10^th, 2019.

– Defendant Phạm Hoàng T1 to 12 years imprisonment, with the sentence term starting from January 8^th, 2019.

– Defendant Nguyễn Đinh An K to 11 years imprisonment, with the sentence term starting from January 8^th, 2019.

Civil Responsibility: The defendants are ordered to compensate Hồng Quốc A, represented by Mrs. Phạm Thanh T2, a total of VND 1,104,069,000. The compensation is divided as follows: Nguyễn Bá T: VND 400,000,000; Phạm Quang V: VND 300,000,000, of which VND 5,000,000 has already been paid, leaving a balance of VND 295,000,000; Phạm Hoàng T1: VND 250,000,000, of which VND 65,000,000 has already been paid, leaving a balance of VND 185,000,000; Nguyễn Đinh An K: VND 154,069,000, of which VND 5,000,000 has already been paid, leaving a balance of VND 149,069,000.

Additionally, the first-instance court decided on interest for late payment, management of exhibits, court fees, and the right to appeal according to the law.

On May 25^th, 2020, defendant Nguyễn Đinh An K filed an appeal for a reduced sentence.

On May 26^th, 2020, defendant Nguyễn Bá T filed an appeal for a reduced sentence.

On May 28^th, 2020, defendant Phạm Quang V filed an appeal for a reduced sentence.

On May 29^th, 2020, the legal representative of the victim, Mrs. Phạm Thanh T2, filed an appeal requesting increased sentences for the defendants and argued that the application of clause 2 of Article 123 of the Criminal Code for defendant Nguyễn Đinh An K was incorrect; the compensation amount was insignificant compared to the expenses incurred in treating Hồng Quốc A, and requested a review of the judgment.

In the Appeal Decision No. 05/KN-VTVKS dated May 26^th, 2020, the Chief Prosecutor of the Hà Nội People’s Procuracy appealed the first-instance court’s judgment, seeking to increase the sentence for defendant Phạm Quang V, apply clause 2 of Article 123 of the Criminal Code, and reduce the sentence for defendant Nguyễn Đinh An K.

At the appellate court, the defendants maintained their appeals for reduced sentences; the legal representative for the victim Hồng Quốc A, withdrew the appeal, and requested reduced sentences for the defendants Phạm Quang V, Nguyễn Đinh An K, and Phạm Hoàng T1.

The representative of the Hà Nội People’s Procuracy withdrew the appeal; requested maintaining the sentence for defendant Nguyễn Bá T, and reducing the sentences for defendants Phạm Quang V, Nguyễn Đinh An K, and Phạm Hoàng T1 by 6 to 12 months each due to new mitigating circumstances (compensating damages) at the appellate court.

The defendant Nguyễn Bá T’s defense counsel and himself presented their difficult circumstances (the defendant had not seen his father since childhood; his mother worked as a laborer with low income; the defendant was illiterate and unemployed); the defendant was very remorseful after committing the crime and requested a reduced sentence.

The defendant Phạm Hoàng T1’s defense counsel and himself requested a reduced sentence because the defendant was only 15 years and 4 months old at the time of the crime, had a difficult family situation, his mother had died early, and his grandfather was awarded the Resistance Medal; after the trial, his family compensated an additional VND 35,000,000.

The defendant Phạm Quang V’s defense counsel and himself presented the his family’s difficult situation; the defendant had influenced his grandmother to compensate the victim an additional VND 300,000,000, and provided the certificate of national merit for martyr Nguyễn Văn A, who was the defendant’s uncle, requesting a reduced sentence.

Defendant Nguyễn Đinh An K apologized to the victim’s family for his criminal act and influenced his family to fulfill the compensation obligation, compensating the victim VND 150,000,000, and requested a reduced sentence.

The defendant Nguyễn Đinh An K’s defense counsel argued that prosecuting the defendant under clause 1 of Article 123 of the Criminal Code was inappropriate and that Case Law No. 17 should be applied to prosecute under clause 2; withdrawing the appeal unfavorable to the defendant was incorrect according to Article 336 of the Criminal Procedure Code; the defendant had completed the civil compensation obligation, thus requesting a reduced sentence.

The representative of the Procuracy maintained the aforementioned stance.

The legal representative for the victim confirmed that the families of defendants Phạm Quang V and Nguyễn Đinh An K had fulfilled their civil compensation obligations as per the first-instance court’s judgment; defendant Phạm Hoàng T1 compensated an additional VND 35,000,000.

At the appellate court, the defendants apologized to the victim, showed remorse for their criminal actions, and had difficult circumstances, thus withdrawing the appeal and requesting reduced sentences for defendants Phạm Quang V, Nguyễn Đinh An K, and Phạm Hoàng T1.

COURT’S OPINION:

Based on the case’s content and the results of the trial, the Trial Panel determined as follows:

[1] The procedural authorities at the trial stage exercised their jurisdiction, procedures, and processes correctly according to the Criminal Procedure Code.

[2] At the appellate court, the representative of the Hà Nội People’s Procuracy withdrew the appeal; the legal representative for the victim withdrew the appeal requesting increased sentences for the defendants; therefore, the Trial Panel dismissed the appellate review of both appeals as per Articles 342 and 348 of the Criminal Procedure Code.

[3] At the appellate court, the defendants admitted their actions as stated in the first-instance court’s judgment; their admissions were consistent with each other, the witness testimonies, forensic conclusions, and other verified documents and evidence, providing a basis to conclude: Around 1:00 A.M on January 6^th, 2019, out of jealousy towards Hồng Quốc A, Nguyễn Bá T instructed Nguyễn Đinh An K to guide and invited Phạm Quang V, Phạm Hoàng T1, and others to Hồng Quốc A’s house in N Ward, L District, Hà Nội.

Upon arrival, Nguyễn Bá T directed T1, V, and others to use their hands, feet, and a wooden stick to continuously attack the victim, resulting in Hồng Quốc A suffering a broken nasal bone, fluid accumulation in both maxillary and sphenoid sinuses; subdural hematoma in the left hemisphere, subarachnoid hemorrhage, brain swelling, obscured gyri in both hemispheres, midline shift.

The brain system is asymmetrical. Scalp hematoma on the right parietal region. Swelling and bruising on the forehead and left temporal region; bruised and swollen forearms on both sides; swollen shoulder and back of the left hand; traumatic brain injury. The vicitm is currently in a vegetative state; the health impairment rate is 100%.

[4] The case involved accomplices, with Nguyễn Bá T believing the victim had taken his romantic interest and conspiring with others to retaliate against Hồng Quốc A, explicitly expressing intent to “destroy him.” Despite Phạm Quang V, Nguyễn Đinh An K, and Phạm Hoàng T1 having no personal conflict with the victim, they agreed to follow Nguyễn Bá T’s directives.

Aware of the grave danger and potential fatal consequences of their actions—where multiple individuals targeted the victim’s vital body areas—they proceeded with a continuous assault using hands, feet, and a wooden stick until the victim was incapacitated. Their callous remarks during the assault, such as “Did you kill him?” and “Are you dead yet?”, underscore their thuggish nature and their intent to deliberately end the victim’s life.

Therefore, the first-instance court’s conviction of Nguyễn Bá T, Phạm Quang V, Phạm Hoàng T1, and Nguyễn Đinh An K for the crime of “Murder” under point n, clause 1, Article 123 of the Criminal Code is well-founded.

[5] According to Forensic Examination Report No. 68/TTPY dated January 16^th, 2019, from the Forensic Center of H Department of Health, “Hồng Quốc A suffered a traumatic brain injury, currently in a vegetative state… The health impairment rate is 100%.” Therefore, while the defendants intentionally committed acts aimed at ending the victim’s life, the fatal outcome did not materialize, categorizing this case under attempted crime as per Article 15 of the Criminal Code.

[6] Regarding Nguyễn Bá T’s appeal, it is established that the defendant acted as the primary instigator, orchestrating and directing others to perpetrate the crime. While Nguyễn Bá T did not personally engage in physical assault, he instructed Phạm Quang V, Phạm Hoàng T1, and others to attack Hồng Quốc A. Notably, he incited Phạm Hoàng T1, a minor under 18 years old, to participate in the criminal act.

Nguyễn Bá T’s criminal history also includes prior offenses, qualifying this incident as a case of recidivism. Therefore, the first-instance court’s classification of Nguyễn Bá T as the principal offender in this case is accurate.

According to clause 3, Article 57 of the Criminal Code concerning sentencing in cases of attempted crimes, where the maximum penalty prescribed is life imprisonment or the death penalty, the imposed sentence should not exceed 20 years of imprisonment.

Given the severe consequences of Nguyễn Bá T’s actions, detailed in section [5], the imposition of a life sentence is deemed inappropriate. Hence, there is justification to amend the first-instance court’s judgment by reducing Nguyễn Bá T’s sentence.

Despite Nguyễn Bá T’s voluntary surrender and demonstration of remorse during the appellate trial, the gravity of his criminal conduct, his pivotal role in the offense, and the resultant catastrophic outcomes necessitate imposing the maximum penalty permissible within the specified range. This approach aims to facilitate the defendant’s rehabilitation and serve as a deterrent against similar criminal acts in the future.

[7] Regarding Phạm Quang V’s appeal, it is established that despite lacking personal animosity towards the victim, Phạm Quang V willingly participated when invited by Nguyễn Bá T to seek retribution. Upon arrival, after D kicked Hồng Quốc A, causing him to fall, Phạm Quang V pulled the victim up and said, “Do you know how prison beatings feel?”; then V kneed Hồng Quốc A in the hip area, picked up a wooden stick, and struck the victim’s head, breaking the stick in two. As he left the scene, he said, “Stay right there, if I don’t see you lying there tomorrow, I will beat you again.”

These actions clearly demonstrate Phạm Quang V’s direct involvement and abandonment of the victim once incapacitated, meriting severe punitive measures. However, it is noteworthy that Phạm Quang V was influenced by Nguyễn Bá T’s instigation. Moreover, post-trial, his family made significant compensatory efforts amounting to an additional VND 305,000,000 to the victim’s family.

Furthermore, the victim’s family representative explicitly requested leniency for Phạm Quang V, highlighting mitigating circumstances under points b, clause 1, and clause 2 of Article 51 of the Criminal Code.

Given these mitigating factors, including the presentation of a certificate of national merit awarded to martyr Nguyễn Văn A, Phạm Quang V’s uncle, there are grounds to accept his appeal and consider a reduction in his sentence. These factors support the notion that while Phạm Quang V participated in the crime, his actions were influenced and mitigated by external factors, warranting a reassessment of his culpability and sentencing.

[8] Regarding Nguyễn Đinh An K’s appeal, it is established that he possessed knowledge of Hồng Quốc A’s residence and knowingly led Nguyễn Bá T and others to locate and assault the victim, albeit out of deference to Nguyễn Bá T as corroborated by testimonies from Nguyễn Bá T and other defendants.

Despite not directly participating in the physical assault, Nguyễn Đinh An K was present during the vicious attack on the victim, choosing not to intervene. His deliberate actions exposed the victim to life-threatening danger, displaying a callous disregard for the potential fatal outcome, which he foresaw.

The first-instance court’s characterization of Nguyễn Đinh An K as an accomplice to the crime, warranting the same charge and penalty framework as the other defendants, is thus well-founded. The circumstances surrounding his involvement do not align with the criteria outlined in Case Law No. 17/2018/AL, and therefore, the defense lawyer’s proposal to apply this precedent lacks merit.

Considering Nguyễn Đinh An K’s role as an accomplice, his expressions of remorse, and his family’s full compliance with the compensation ordered by the first-instance court (VND 150,000,000), coupled with the victim’s family’s plea for leniency, Nguyễn Đinh An K is entitled to additional mitigating considerations under points b, clause 1, and clause 2 of Article 51 of the Criminal Code. These factors provide a basis to uphold his appeal and impose the minimum sentence within the prescribed penalty range.

[9] Concerning Phạm Hoàng T1: At the time of the crime, Phạm Hoàng T1 was only 15 years and 4 months old, having been enticed and incited by Nguyễn Bá T to participate in the offense, albeit as an active participant.

His actions significantly contributed to the 100% health impairment suffered by Hồng Quốc A, justifying the first-instance court’s decision to impose a prison sentence aimed at rehabilitation and education through separation from society. Although Phạm Hoàng T1 did not lodge an appeal, Article 91, Article 101, and clause 3 of Article 57 of the Criminal Code necessitate consideration of imposing a sentence not exceeding half of the maximum imprisonment prescribed.

The first-instance court’s imposition of a 12-year sentence exceeds the statutory limit applicable to minors under clause 2 of Article 101 of the Criminal Code, necessitating adjustment. Furthermore, Phạm Hoàng T1’s status as an accomplice, coupled with his family’s additional compensation of VND 35,000,000 to the victim post-trial, warrants revisiting the first-instance court’s judgment and reducing his sentence.

[10] Regarding civil liability: Mrs. Phạm Thanh T2 did not contest the civil compensation aspect, thereby affirming the first-instance court’s ruling on civil liability. However, it is essential to document the amounts of compensation fulfilled by the defendants.

[11] Regarding court fees: As the appeals have been accepted, the defendants are exempted from paying appellate criminal court fees.

In light of the foregoing,

IT IS DECIDED:

Pursuant to Articles 342 and 348; point b, clause 1, Article 355; point c, clause 1, and clause 3, Article 357 of the Criminal Procedure Code; Resolution No. 326/2016/UBTVQH14 dated December 30^th, 2016, of the Standing Committee of the National Assembly on court fees and charges;

Discontinue appellate proceedings regarding the protest of the Chief Prosecutor of the People’s Procuracy of Hà Nội City and the appeal of the legal representative of the victim;

Accept the appeals of the defendants, amend the first-instance court’s judgment, and reduce the sentences for Nguyễn Bá T, Phạm Quang V, Phạm Hoàng T1, and Nguyễn Đinh An K;

Applying point n, clause 1, Article 123; point s, clause 1, Article 51; points h and o, clause 1, Article 52; Article 15; Article 17; clause 3, Article 57; Article 58 of the Criminal Code, sentence defendant Nguyễn Bá T to 20 (twenty) years in prison for “Murder,” with the prison term commencing from July 14^th, 2019;

Applying point n, clause 1, Article 123; points s and b, clause 1, and clause 2, Article 51; Article 38; Article 15; Article 17; clause 3, Article 57; Article 58 of the Criminal Code, sentence defendant Phạm Quang V to 19 (nineteen) years in prison for “Murder,” with the prison term commencing from January 10^th, 2019;

Applying point n, clause 1, Article 123; points s and b, clause 1, and clause 2, Article 51; Article 15; Article 17; Article 38; Article 54; clause 3, Article 57; Article 58 of the Criminal Code, sentence defendant Nguyễn Đinh An K to 10 (ten) years in prison for “Murder,” with the prison term commencing from January 8^th, 2019;

Applying point n, clause 1, Article 123; points s and b, clause 1, and clause 2, Article 51; Article 15; Article 17; Article 38; clause 3, Article 57; Article 58; Article 91; Article 101 of the Criminal Code, sentence defendant Phạm Hoàng T1 to 9 (nine) years in prison for “Murder,” with the prison term commencing from January 8^th, 2019.

Record the compensation amounts paid by the defendants to the victim as determined by the first-instance court’s judgment, specifically: defendant Phạm Hoàng T1 VND 35,000,000 (Thirty-five million) (receipt No. 004211 dated October 9^th, 2020, at the Hà Nội City Civil Judgment Enforcement Department); defendant Nguyễn Đinh An K VND 150,000,000 (One hundred fifty million); defendant Phạm Quang V VND 300,000,000 (Three hundred million). At the appellate court, the defendant and the legal representative of the victim confirmed that defendants Nguyễn Đinh An K and Phạm Quang V had fulfilled their civil liability as per the first-instance court’s judgment (the excess amount was voluntarily paid by the defendant’s family and not requested to be returned).

Regarding appellate criminal court fees: The defendants are exempted from appellate criminal court fees.

Other decisions of the first-instance court remain legally effective from the expiration date of the appeal and protest period.

The appellate criminal judgment is effective from the date of pronouncement./.

CONTENT OF THE CASE LAW:

“[4] The case involved accomplices, with Nguyễn Bá T believing the victim had taken his romantic interest and conspiring with others to retaliate against Hồng Quốc A, explicitly expressing intent to “destroy him.” Despite Phạm Quang V, Nguyễn Đinh An K, and Phạm Hoàng T1 having no personal conflict with the victim, they agreed to follow Nguyễn Bá T’s directives.

Aware of the grave danger and potential fatal consequences of their actions—where multiple individuals targeted the victim’s vital body areas—they proceeded with a continuous assault using hands, feet, and a wooden stick until the victim was incapacitated. Their callous remarks during the assault, such as “Did you kill him?” and “Are you dead yet?”, underscore their thuggish nature and their intent to deliberately end the victim’s life.

Therefore, the first-instance court’s conviction of Nguyễn Bá T, Phạm Quang V, Phạm Hoàng T1, and Nguyễn Đinh An K for the crime of “Murder” under point n, clause 1, Article 123 of the Criminal Code is well-founded.

[5] According to Forensic Examination Report No. 68/TTPY dated January 16^th, 2019, from the Forensic Center of H Department of Health, “Hồng Quốc A suffered a traumatic brain injury, currently in a vegetative state… The health impairment rate is 100%.” Therefore, while the defendants intentionally committed acts aimed at ending the victim’s life, the fatal outcome did not materialize, categorizing this case under attempted crime as per Article 15 of the Criminal Code.”

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