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A man was sentenced for murder by the Luleå District Court to thirteen years in prison. The other man was sentenced by the district court for aggravated battery to three years in prison. The district court convicted another man for aggravated battery and another for complicity and complicity in the battery.
No one is convicted of murder.
The prosecutor appealed the verdict and wanted the man who was convicted of aggravated battery to be convicted of murder. The two men who appealed the verdict wanted the Court of Appeal to convict them of assault rather than murder and aggravated assault, respectively.
Unlike the district court, the Court of Appeal has concluded that none of the men can be convicted of murder.
The Court of Appeals indicates in the judgment that the accusation for murder in this case is based on the fact that the prosecutor was able to prove that it was precisely the author that the prosecutor alleges who delivered the stabbing.
– Since the prosecutor has failed to prove that it was the man the prosecutor pointed out and no other of the defendants who delivered the stabbing, no one can be convicted of murder, says the president of the Court of Appeal, Erik Sundström, in a press release.
Could not defend
The Court of Appeal, for its part, has found that the two men have been proven guilty of assault. The assault has worsened as the two men, along with a third who was convicted by the district court of aggravated assault, displayed particular cruelty and rudeness. The men have planned the assault in advance and there have been three people who dealt kicks and blows to a person who was completely surprised and without the opportunity to defend himself, according to the ruling of the Court of Appeals.
