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It commuted the sentence of a man who assaulted a woman running in Kőbánya for three and a half years in prison with a final verdict in second instance handed down by the Metropolitan Court on Thursday.
The court’s press department informed the MTI in a statement.
The 37-year-old is still on the night of October 14, 2018, in Jászberényi út in the 10th district. began to follow the runner, attacked and wanted to rape her. The woman’s husband, meanwhile, came by bicycle and saw them in the bushes. At first he didn’t understand what was going on either, so he yelled at them. The runner was able to speak again and asked her husband for help.
The prosecution charged the man with sexual violence and bodily injury, and in a first instance verdict handed down by the Central District Plague Court in October 2019, he pleaded guilty to the defendant and sentenced him to four and a half years in prison. The charge requested aggravation, defense mitigation.
The Metropolitan Court of Second Instance reduced the sentence to three years and six months in prison, which, however, must be served in a more severe prison.
According to the reasoning of the General Court, the court of first instance did not take into account all the mitigating and aggravating circumstances when imposing the sentence, thus for example, that in addition to the injury that caused the serious bodily injury, the accused also caused other physical and mental injuries to the victim;. At the same time, the fact that the victim has accepted the defendant’s apology should be seen as an extenuating circumstance, the statement said.
The appeals court also stated that, although the number of aggravating circumstances had increased and their severity was significant, the case of the accused should be taken into account when assessing the case. pathological mood at the time of the offense, which, according to the law, also allows unlimited mitigation of the penalty.
According to the experts, the defendant was in a state of so-called abortive abnormal intoxication (diminished) at the time the act was committed (only some of the abnormal intoxication symptoms were noted, or all were present but not fully developed) , which generates confusion. which severely limited him to recognize the danger of his act to society and to act accordingly. In this context, it was also necessary to assess aggravating circumstances closely related to the state of consciousness of the man in the prosecution. All of this justified the mitigation of the length of the prison, the court said.
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