V K 82/16 AI generated

Court sentenced defendant to seven months imprisonment for assault and trespass, dismissing accessory claims.

Case Number V K 82/16

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2018-03-02

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court found the defendant guilty of assault causing minor injuries and trespassing, sentencing her to seven months of imprisonment with a two-year suspended sentence. While the defendant argued that her financial situation and childcare duties made a fine more appropriate, the court emphasized the need for her to feel the consequences of her criminal behavior. The final judgment included civil compensation for the victim and waived court costs due to the parties' financial inability to pay.

Legislator headnote

AI generated

Art. 158 § 1 kk; Art. 193 kk; Art. 85 § 1, § 2 kk; Art. 86 § 1 kk; Art. 37a kk; Art. 628 k.p.k.; Art. 624 § 1 k.p.k.: The court may impose imprisonment for intentional injury and trespassing, balancing the severity of the act against the defendant's personal circumstances, while civil compensation is awarded based on the extent of physical suffering and the burden of proof regarding specific damages.

Keywords

AI generated

intentional injury trespassing suspended sentence civil compensation court costs waiver accessory prosecution proportionality of punishment

Cited Legislation

AI generated

Art. 158 § 1 kk

Art. 193 kk

Art. 85 § 1, § 2 kk

Art. 86 § 1 kk

Art. 37a kk

Art. 628 k.p.k.

Art. 624 § 1 k.p.k.

Cited Case Law

AI generated

Supreme Court dismisses mobbing compensation appeal, ruling life standards cannot determine non-pecuniary damage amounts.

AI generated

Appeal court vacates first-instance criminal judgment due to defendant's lack of mandatory defense counsel.

Appeal dismissed; defendant's procedural and sentencing complaints rejected due to lack of errors affecting the verdict.

Court convicted recidivist of threats under Polish Criminal Code and imposed one year six months prison sentence.

Supreme Court dismisses cassation against murder conviction for assault causing severe brain injury and death threat. The court rejects factual disputes and procedural errors. The court rejects material law violations claims as inadmissible since the appellate court did not apply substantive law. The court dismisses the appeal as groundless and orders the state to bear costs. The court dismisses the appeal as groundless and orders the state to bear costs.

Court conditionally dismissed criminal charges for a mentally ill defendant threatening police with a toy gun.

Full text