After a day of trial, on the afternoon of March 1, the Ho Chi Minh City People's Court sentenced defendant Dang Thi Han Ni (47 years old, lawyer, journalist) to 1 year and 6 months in prison, and Tran Van Sy (67 years old, lawyer) to 2 years in prison, both for the crime of "abusing democratic freedoms to infringe upon the interests of the state, the rights and legitimate interests of organizations and individuals". The two defendants have been detained since February 24, 2023.
The two defendants were tried under Clause 2, Article 331 of the Penal Code, in the case of "causing negative impacts on social security and safety", with a penalty of 2-7 years in prison.
Defendants Dang Thi Han Ni and Tran Van Sy
According to the panel of judges, at the trial the defendants admitted to committing crimes consistent with the indictment and other evidence.
Accordingly, Mr. Tran Van Sy used the YouTube account "LS Tran Van Sy" to post 8 videos on August 15, 2021, August 29, 2021, September 5, 2021, September 10, 2021, September 19, 2021, September 24, 2021, September 28, 2021, October 16, 2021, with fabricated and untrue content, infringing on the honor, reputation, and dignity of Mr. Huynh Uy Dung and his wife; infringing on the rights and legitimate interests of Dai Nam Joint Stock Company, violating Article 16 of the Law on Cyber Security.
Regarding defendant Han Ni, on September 3, 2021, he used the YouTube and Facebook accounts "Journalist Han Ni" to broadcast a livestream titled "Does Ms. Hang have the right to squat above the law?". According to the expert conclusion, the livestream included 4 segments with statements containing content related to Ms. Hang's personal secrets and private life, violating Article 17 of the Law on Cyber Security.
With the lawyer's defense that the defendant Han Ni only committed the crime in Clause 1, the panel of judges considered that the assessment of the Department of Information and Communications showed that in the defendant's livestream, there were 109 followers, Ms. Hang herself was the General Director of Dai Nam Joint Stock Company, the scope of influence was large, so the indictment in Clause 2 was correct.
Court panel
In addition, the panel of judges applied mitigating circumstances, such as: the defendants all confessed honestly and repented. Han Ni is a person with excellent achievements in work; a person who has contributed a lot to charity work; the defendant was also the person whose honor and reputation was offended by Nguyen Phuong Hang on September 3, 2021.
From that, the panel of judges assessed that Han Ni had 2 mitigating circumstances under Clause 1, Article 51 of the Penal Code, many mitigating circumstances were in Clause 2, Article 51 of the Penal Code, so it was necessary to apply Clause 1, Article 54 - a penalty below the lowest level of the penalty framework.
Previously, in the indictment, the representative of the Ho Chi Minh City People's Procuracy proposed that Mr. Tran Van Sy be sentenced to 2 years - 2 years and 6 months in prison, and Han Ni to 1 year and 6 months - 2 years in prison.
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