Court dismissed appeal against assault conviction, upholding fine and ordering private prosecutor to recover appeal costs.
Legislator summary
AI generatedThe Court of Appeal dismissed the defendant's appeal against a first-instance conviction for assault under Article 157 § 2 of the Criminal Code. The court found the 50 daily fine appropriate given the defendant's income and the nature of the injury, rejecting claims of excessive severity. Consequently, the original verdict was upheld, and the defendant was ordered to pay the private prosecutor's appeal costs while the state covered the defendant's legal aid expenses.
Legislator headnote
AI generatedArt. 157 § 2 kk; Art. 437 § 1 kpk; Art. 636 § 1, 3 kpk; Art. 628 kpk; Art. 618 § 1 pkt 11 kpk; Art. 634 kpk; Art. 8 ustawy o opłatach w sprawach karnych; The court may uphold a criminal conviction and fine if the penalty is not unreasonably severe, and the appellant must bear the costs of the appeal proceedings unless exempted by law.