II K 168/16
AI generated
Court sentenced defendant to 3 years prison for attempted extortion and assault, rejecting probation due to high risk.
Legislator summary
AI generatedThe court convicted the defendant of attempted extortion and assault, imposing a sentence of three years in prison. The prosecution argued that probation was inappropriate due to the defendant's violent history and lack of positive criminological prognosis. The court agreed, ruling that the harsh penalty was necessary to achieve individual prevention and satisfy public justice.
Legislator headnote
AI generatedArt. 69 § 1 kk; Art. 69 § 2 kk; Art. 63 § 1 kk; When the combined penalty exceeds the threshold for probation and the defendant lacks a positive criminological prognosis, the court must impose immediate execution of the sentence to ensure individual prevention and social justice.
Keywords
AI generated
attempted extortion
assault with intent
combined penalty
probation rejection
individual prevention
victim compensation
approach distance ban
Cited Legislation
AI generatedArt. 69 § 1 kk
Art. 69 § 2 kk
Art. 63 § 1 kk
Art. 57a § 2 kk
Art. 41a § 1 kk
Art. 41a § 4 kk
Art. 387 § 1 kpk
Art. 627 kpk