Can thiệp quá đà vào chuyện hàng xóm, cựu tiếp viên hàng không bị phạt tù

Thấy hàng xóm xử sự thô bạo với người vợ đang chờ ly hôn, Sơn “nóng mắt” can thiệp. Thế nhưng do can thiệp quá sâu vào chuyện vợ chồng người khác nên cựu tiếp viên hàng không đã phạm vào tội “Cố ý gây thương tích”.

Sau 1 ngày xét xử vào 17-4, nhận thấy kháng cáo của bị cáo và kháng nghị của VKSND quận Long Biên cần phải được chấp nhận một phần nên HĐXX phúc thẩm TAND TP Hà Nội đã quyết định giảm hình phạt cho Đỗ Giang Sơn. Theo đó, bị cáo chỉ phải chấp hành hình phạt 6 năm 3 tháng tù giam về tội “Cố ý gây thương tích”.

Diễn biến phiên tòa phúc thẩm thể hiện, anh Phạm Thành Đang (SN 1971, trú ở phường Bồ Đề, quận Long Biên) kết hôn với chị Nguyễn Thị Kim Loan (trú cùng địa chỉ) không lâu thì xảy ra mâu thuẫn. Do không còn tình cảm với chồng nên giữa năm 2013, chị Loan đệ đơn ra tòa đề nghị được ly hôn, đồng thời sống ly thân trong thời gian chờ cơ quan pháp luật giải quyết.

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Can thiệp quá đà vào chuyện vợ chồng hàng xóm, Đỗ Giang Sơn phải lĩnh án tù giam

Sáng 14-8-2013, chị Loan về ngôi nhà chung của 2 vợ chồng thì anh Đang đòi giữ chìa khóa xe máy, đồng thời yêu cầu vợ phải ở nhà chờ đến khi nào tòa án định đoạt xong tài sản chung. Do đó, vợ chồng anh Đang xảy ra to tiếng và xô xát nhau, nhiều người hàng xóm thấy vậy chạy sang can ngăn.

Đúng lúc ấy, Đỗ Giang Sơn (SN 1973, hàng xóm của anh Đang) đi ăn sáng về ngang qua chỗ vợ chồng chị Loan xô xát nên đứng lại chứng kiến. Thấy vợ chồng người hàng xóm vẫn còn đôi co với nhau, Sơn lập tức khuyên can chị Loan: “Thôi mày đi về đi. Ở đây làm gì nó đánh cho”.

Cho rằng Sơn “nhúng mũi” vào chuyện của mình, anh Đang đứng ở trong sân nói vọng ra: “Mày về lo việc nhà mày. Việc nhà tao, mày đừng chõ vào”. Vì thế, xích mích giữa Sơn và anh Đang lập tức nổ ra, hai bên lao vào đánh chửi nhau. Trong quá trình này, Sơn nhặt một viên gạch ném trúng đầu anh Đang, rồi bỏ đi. Về phần mình, nạn nhân rồi tự gọi taxi ra CAP Bồ Đề trình báo sự việc và đến viện điều trị thương tích.

Quá trình điều tra, cơ quan công an xác định, anh Đang bị chấn thương sọ não với tỉ lệ tổn hại sức khỏe là 46%… Với hành vi gây ra với đối với người hàng xóm, ngày 22-12-2014, TAND quận Long Biên đã đưa vụ án ra xét xử và tuyên phạt Đỗ Giang Sơn 7 năm tù giam về tội “Cố ý gây thương tích”, theo khoản 3, Điều 104-BLHS.

Cho rằng hình phạt tại bản án sơ thẩm là quá nặng, Đỗ Giang Sơn nhanh chóng có đơn kháng cáo xin giảm nhẹ hình phạt và giảm nhẹ nghĩa vụ bồi thường dân sư. Đồng quan điểm với bị cáo, VKSND quận Long Biên cũng ra kháng nghị bản án sơ thẩm của TAND cùng cấp với lý do hình phạt áp dụng đối với bị cáo là quá nghiêm khắc.

Về phía bị hại thì ngược lại, ang Đang có đơn kháng cáo đề nghị Tòa án Hà Nội tăng nặng hình phạt đối với Đỗ Giang Sơn và tăng mức bồi thường bị thiệt hại về sức khỏe cũng như tinh thần.

Tại phiên tòa phúc thẩm, các bên vẫn giữ nguyên nội dung yêu cầu của mình. Vậy nhưng sau 1 ngày mở tòa, HĐXX phúc thẩm khẳng định không có căn cứ để chấp nhận kháng cáo của bị hại. Trong khi ấy, các quyết định tại bản án sơ thẩm có phần quá nghiêm khắc đối với bị cáo.

Từ các nhận định trên, TAND TP Hà Nội đã chấp thuận một phần kháng cáo của bị cáo và kháng nghị của VKSND quận Long Biên để giảm một phần hình phạt cho Đỗ Giang Sơn, từ 7 năm tù xuống còn 6 năm 3 tháng tù giam về tội “Cố ý gây thương tích”. Về dân sự, tòa án cũng giảm trách nhiệm bồi thường cho cựu tiếp viên hàng không từ hơn 300 triệu đồng xuống còn 228 triệu đồng.

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