Court partially allowed appeal by removing specific assault description from defendant's charge while upholding rest of sentence.
Legislator summary
AI generatedThe appellate court partially granted the appeal of defendant J. P., striking the phrase 'and pulling by clothing' from the description of his assault charges while maintaining the remainder of the first-instance judgment. The court found no grounds to alter the sentence for the other defendants, W. W. (1) and P. W., who were convicted of similar acts involving public humiliation and physical violence. Consequently, the court adjusted the factual description to reflect only the proven acts of pushing and striking, ensuring the charges matched the established facts without overreaching.
Legislator headnote
AI generatedArt. 437 § 1, 2 k.p.k.; Art. 438 pkt 2, 3 k.p.k.; The court may modify the description of criminal acts in the judgment if the appeal demonstrates that the original wording inaccurately reflects the proven facts, provided the core conviction remains substantiated.